Can transgender people be Muslims, and how do gendered rules and rules about marriage apply?
The question of whether transgender individuals can be Muslims is complex and varies significantly among different Islamic scholars and communities. Islam emphasizes the importance of faith and intention, and many believe that anyone who sincerely believes in Allah and follows the teachings of Islam is a Muslim, regardless of their gender identity.
Regarding gendered rules and marriage, the Qur'an provides guidance on the status and treatment of women and men in various contexts. For example, Surah Al-Mumtahana states: O ye who believe! When believing women come unto you as fugitives, examine them. Allah is Best Aware of their faith. Then, if ye know them for true believers, send them not back unto the disbelievers. They are not lawful for them (the disbelievers), nor are they (the disbelievers) lawful for them.
60:10 This verse highlights the importance of examining the faith of women who migrate to Muslims, indicating that their status is tied to their belief and not solely to their gender.
Tafsir Ibn Kathir explains that this verse was revealed in the context of the Treaty of Hudaybiyyah, emphasizing that believing women who immigrate should not be returned to disbelieving husbands. This indicates a separation of identity based on faith rather than strictly on gender roles. Furthermore, the verse affirms that Muslim women cannot remain married to disbelievers, reflecting a broader principle that faith takes precedence in these matters.
In Surah An-Nisaa, it is stated: And whoso is not able to afford to marry free, believing women, let them marry from the believing maids whom your right hands possess.
4:25 This verse provides guidance on marriage for those who may not have the means to marry free women, indicating that the rules around marriage are also inclusive of different circumstances, such as economic status.
The application of these rules to transgender individuals would depend on their self-identification and the interpretation of their gender within the context of Islamic teachings. There are various opinions among scholars regarding the validity of transgender identities in Islam and how they affect marital status and gender roles. Some scholars may allow for flexibility in understanding gender identity based on personal faith and self-identification, while others may adhere strictly to traditional gender norms.
Ultimately, the acceptance and treatment of transgender individuals in Islam can vary greatly among different communities and interpretations, and personal belief plays a significant role in how these issues are navigated within the faith.
Sources
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60:10 · Al-Mumtahana
60:10 · Muhammad Marmaduke Pickthall
يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا جَآءَكُمُ ٱلْمُؤْمِنَٰتُ مُهَٰجِرَٰتٍۢ فَٱمْتَحِنُوهُنَّ ۖ ٱللَّهُ أَعْلَمُ بِإِيمَٰنِهِنَّ ۖ فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَٰتٍۢ فَلَا تَرْجِعُوهُنَّ إِلَى ٱلْكُفَّارِ ۖ لَا هُنَّ حِلٌّۭ لَّهُمْ وَلَا هُمْ يَحِلُّونَ لَهُنَّ ۖ وَءَاتُوهُم مَّآ أَنفَقُوا۟ ۚ وَلَا جُنَاحَ عَلَيْكُمْ أَن تَنكِحُوهُنَّ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ ۚ وَلَا تُمْسِكُوا۟ بِعِصَمِ ٱلْكَوَافِرِ وَسْـَٔلُوا۟ مَآ أَنفَقْتُمْ وَلْيَسْـَٔلُوا۟ مَآ أَنفَقُوا۟ ۚ ذَٰلِكُمْ حُكْمُ ٱللَّهِ ۖ يَحْكُمُ بَيْنَكُمْ ۚ وَٱللَّهُ عَلِيمٌ حَكِيمٌۭ
O ye who believe! When believing women come unto you as fugitives, examine them. Allah is Best Aware of their faith. Then, if ye know them for true believers, send them not back unto the disbelievers. They are not lawful for them (the disbelievers), nor are they (the disbelievers) lawful for them. And give them (the disbelievers) that which they have spent (upon them). And it is no sin for you to marry such women when ye have given them their dues. And hold not to the ties of disbelieving women; and ask for (the return of) that which ye have spent; and let them (the disbelievers) ask for that which they have spent. That is the judgment of Allah. He judgeth between you. Allah is Knower, Wise.
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4:25 · An-Nisaa
4:25 · Muhammad Marmaduke Pickthall
وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلًا أَن يَنكِحَ ٱلْمُحْصَنَٰتِ ٱلْمُؤْمِنَٰتِ فَمِن مَّا مَلَكَتْ أَيْمَٰنُكُم مِّن فَتَيَٰتِكُمُ ٱلْمُؤْمِنَٰتِ ۚ وَٱللَّهُ أَعْلَمُ بِإِيمَٰنِكُم ۚ بَعْضُكُم مِّنۢ بَعْضٍۢ ۚ فَٱنكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَءَاتُوهُنَّ أُجُورَهُنَّ بِٱلْمَعْرُوفِ مُحْصَنَٰتٍ غَيْرَ مُسَٰفِحَٰتٍۢ وَلَا مُتَّخِذَٰتِ أَخْدَانٍۢ ۚ فَإِذَآ أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَٰحِشَةٍۢ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى ٱلْمُحْصَنَٰتِ مِنَ ٱلْعَذَابِ ۚ ذَٰلِكَ لِمَنْ خَشِىَ ٱلْعَنَتَ مِنكُمْ ۚ وَأَن تَصْبِرُوا۟ خَيْرٌۭ لَّكُمْ ۗ وَٱللَّهُ غَفُورٌۭ رَّحِيمٌۭ
And whoso is not able to afford to marry free, believing women, let them marry from the believing maids whom your right hands possess. Allah knoweth best (concerning) your faith. Ye (proceed) one from another; so wed them by permission of their folk, and give unto them their portions in kindness, they being honest, not debauched nor of loose conduct. And if when they are honourably married they commit lewdness they shall incur the half of the punishment (prescribed) for free women (in that case). This is for him among you who feareth to commit sin. But to have patience would be better for you. Allah is Forgiving, Merciful.
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Tafsir Ibn Kathir on 60:10
Tafsir Ibn Kathir · 60:10
This verse was revealed in the context of the Treaty of Hudaybiyyah, a peace agreement between the Prophet Muhammad ﷺ and the Quraysh disbelievers. The treaty included a condition that any man from the Quraysh who came to the Muslims—even if he embraced Islam—was to be returned to the Quraysh. This understanding is reported by several scholars such as Urwah, Al-Dahhak, Abd al-Rahman ibn Zayd, Al-Zuhri, Muqatil, and Al-Suddi. According to this narration, the verse specifically addresses this treaty clause concerning men. However, some early scholars considered this ruling abrogated because Allah Almighty commanded the believers, upon the arrival of believing women emigrating to them, to verify their faith. If it is established that they are true believers, they are not to be returned to the disbelievers, as neither do the disbelievers have a right over them nor do the women have a right to return to their former disbelieving husbands. The commentary recounts the migration of Umm Kulthum bint Uqbah ibn Abi Mu'ayt, whose brothers 'Umara and Al-Walid approached the Prophet ﷺ asking for her return. Allah thus nullified the treaty clause concerning women, forbidding their return to their disbelieving husbands and revealed the verse commanding that they be examined for faith. Ibn Abbas was asked how the Prophet ﷺ would examine these women, and he explained that the test was by oath: they would swear by Allah that they did not leave their husbands out of hatred, desire for another land, seeking worldly gain, but solely out of love for Allah and His Messenger. Other companions similarly report that believers were tested by affirming their faith sincerely and clarifying their reasons for emigrating. The verse’s instruction to test the migrating believing women indicates that genuine faith can be verified with certainty. Furthermore, the verse explicitly prohibits the continuing marriage between Muslim women and disbelieving men, which was initially permissible before Islam prohibited it. This is exemplified by the case of Abu al-As ibn al-Rabi', husband of Zaynab bint Muhammad ﷺ, who was a disbeliever at the time of her migration but later embraced Islam and resumed marriage. The meaning of "give the dowries that they have expended" refers to the spouses of the Muslim women who emigrated from the disbelievers: the Muslims are to pay back to the disbelieving husbands what they had spent on their wives’ dowry, as narrated by Ibn Abbas and others. Similarly, the phrase "and no blame on you if you marry them when you have given them their due dowries" means that once the waiting period ('iddah) is completed and other conditions are met, the Muslims can marry those women fulfilling the legal marriage conditions. The command "do not hold on to the bonds of the disbelievers" forbids Muslim men from maintaining marriage with polytheist women, which is a divine prohibition. The commentary recounts how, following the treaty, some believing women arrived and the enforcement of this ruling led to Umar ibn al-Khattab divorcing two women married to him who were polytheists, illustrating the practical application of this divine command. The passage discusses the hadith narratives and legal points concerning the statuses of such marriages, the return of wives or the return of dowries, and the penalties or compensations involved when women migrate between the opposing groups. The concluding explanation relates to the application of the law when wives from either side migrate to the other party. Those Muslims whose wives go to the disbelievers must be compensated by giving back the dowry they spent, and vice versa. This detailed exposition highlights the justice and wisdom in Allah’s ruling as it managed the complexity of marriages, faith, and social ties during a tumultuous time of conflict and peace agreements, affirming His knowledge and wisdom in legislating for His servants.
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