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Can Muslim men marry the transmen, who are born as transgender.

Q:

Assalamualaikum.
My question is, Can Muslim men marry the transmen, who are born as transgender.

A:

Wa Alaykumussalam

Thank you for your question

If a Transmen has both private parts, this person should have the surgery and then he can marry, otherwise he isn’t allowed to marry.

If the person has a feminine genital, it is considered a woman and she should marry a man, even though she may have inclinations and desires towards males and same for a person who has male genital, is considered a male and should marry a woman.

So the criteria is the genital one owns, if a person has both, he/she should undergo surgery and then can marry. The doctors can find out the gender of the person.

According to Ayatullah al-Udhma Sayyid Ali Sistany:

Question: Is sex change allowed?

The Grand Ayatollah Sistani: If by sex change it means that by operation genital organs of a man is cut and instead urethra and artificial genital organs are made for him, and by injecting hormones, feminine signs like hair loss of the face or appearance of breast happen; or in the case of a woman if it means that man’s genital organs are made for her and by injecting hormones, manly signs like shrinking breast and growth of the hair on the face are made possible; these cases are not real sex change and religious rules applied to him/her do not change, and because in these cases, the genital organs need to be shown and touched; therefore, it is not allowed.

But if it means that the change in genital organs are internal and external which is the main difference between a man and a woman, then in this case and to its limit and without considering some Haram elements, there is no problem in it; but so far this case has not been proved (ascertained) and so far whatever has been accepted is change of appearance which has no effect on the (religious) rules.

Of course it is possible by operating on those who have problems with genital organs to bring out genital organs which were hidden in a man with feminine appearance without having internal genital organs or to cut manly genital organs from a woman who has internal feminine genital organs. And there is no problem in this (type of operation) in its limits which has no connection with sex change, and of course if it is needed that to look or to touch (the parts to be operated) it is only allowed if it is necessary or if by not doing so, difficulties may occur.

www.en.shafaqna.com/35853/is-sex-change-allowed-the-grand-ayatollah-sistanis-fatwa

It is said that bisexual people are divided into two groups:

A: People who physically have male and female genitals (even though incomplete) and they are called hermaphrodite or, in jurisprudential terms known as Khuntha, whose special rulings are available in jurisprudence books.

B: People who physically only have one of the two private parts of either male or female, but psychologically (for any reason) have tendency towards the opposite sex, and they are called TS (transsexual) or (transgender).

Although the person’s TS has been proven by doctors, this person is still recognized as a man from the Islamic point of view. Because the criterion of being a man or a woman in jurisprudence and medically is determined by the private parts the person has.

Therefore, gender is not determined based on inclinations or desires, and such a person cannot marry a man (of the same sex) before changing gender.

www.islamquest.net/fa/archive/fa14761

Allaho A’alam

May Allah(swt) grant you success

Wassalam,

Syed Haider