A Delicate Matter: Fatwa and the Washing of Deceased Transgender Individuals in Islam

The Muslim Judicial Council (MJC) has issued a fatwa that addresses the sensitive matter of washing deceased transgender individuals before burial. With the rise of transgender people undergoing genital alteration as part of their transition, the MJC is facing an increasing number of inquiries on this subject.

The Fatwa

Mufti Abdurragmaan Khan, in a statement to IOL, emphasized that in Islam, a person’s biological sex remains unchanged despite any physical alterations. He further explained that the fatwa intends to prevent slander and gossip rather than promote discrimination. Scholars may not directly discuss transgender individuals due to the relatively recent emergence of the concept. However, they do reference “attractive amrad” – individuals with physical features of both sexes – which bear certain similarities to transgender people.

Guidelines

Khan stated, “We believe that the ‘attractive’ transgender female should be treated as an attractive amrad.” In Islamic terminology, an amrad refers to a ‘handsome beardless youth.’ He added that adult males are not allowed to gaze upon the naked body of an attractive amrad or transgender female.

Elaborating on the fatwa’s guidelines, Khan explained that if the amrad or transgender female is not deemed attractive and does not pose a risk of fitnah (temptation), any male, regardless of relation, may wash the deceased’s body. In cases where potential for sexual desire or fear of temptation exists while washing an attractive transgender individual, a mahram (relative) should perform the task. In the absence of a mahram, an adult of the same sex should wash the body while it is veiled, ensuring no part of the body is visible or touched.

Criticisms

However, not everyone agrees with the fatwa’s approach. RuBee Lee Lukas, an LGBTQIA+ activist, expressed her concerns. According to Lukas, statements of this kind fuel transphobia and undermine the deceased’s identity as a transgender person. She argued that although the act of ghusl (ritual washing) shows respect to the deceased, referring to them by their imposed gender contradicts this intention.

Lukas also highlighted that there are more pressing issues to address, such as the gender-based violence (GBV) occurring in numerous households and not receiving sufficient attention. While the fatwa attempts to provide clarity on a sensitive subject within Islamic tradition, it also raises questions about the balance between religious beliefs and respecting the identity of transgender individuals.

This delicate matter serves as a reminder of the ongoing challenges faced by the transgender community, not only in life but also in death.