Does Islam accommodate multiple genders?

We may ask, as Muslims, are we strictly limited to two rigid gender classifications? Or does Islam accommodate, for example Facebook’s 50+ gender classifications? Is gender like a name, able to be changed, or is it like a lineage forbidden from changing? Let’s also look to the understanding of some revered Islamic jurists, as Imam al-Qurtubi quoted in tafsir (16/52) of an ayah that is frequently cited as evidence to restrict gender fluctuation and non-conformity.

{لِّلَّـهِ مُلْكُ السَّمَاوَاتِ وَالْأَرْضِ ۚ يَخْلُقُ مَا يَشَاءُ ۚ يَهَبُ لِمَن يَشَاءُ إِنَاثًا وَيَهَبُ لِمَن يَشَاءُ الذُّكُورَ ﴿٤٩﴾ أَوْ يُزَوِّجُهُمْ ذُكْرَانًا وَإِنَاثًا ۖ وَيَجْعَلُ مَن يَشَاءُ عَقِيمًا ۚ إِنَّهُ عَلِيمٌ قَدِيرٌ ﴿٥٠﴾} سورة الشورى

“To Allah belongs the kingdom of the heavens and the earth. He creates what He wills. He bestows female offspring to whom He wills, and bestows male offspring to whom He wills. Or He pairs both males and females, and He renders barren whom He wills. Verily, He is All-Knower and is Able to do all things.” [42:49-50]

Al-Qurtubi quoted:

“قَالَ الْقَاضِي أَبُو بَكْرِ بْنُ الْعَرَبِيِّ: وَقَدْ أَنْكَرَ قَوْمٌ مِنْ رُءُوسِ الْعَوَامِّ وُجُودَ الْخُنْثَى، لِأَنَّ اللَّهَ تَعَالَى قَسَمَ الْخَلْقَ إِلَى ذَكَرٍ وَأُنْثَى. قُلْنَا: هَذَا جَهْلٌ بِاللُّغَةِ، وَغَبَاوَةٌ عَنْ مَقْطَعِ الْفَصَاحَةِ، وَقُصُورٌ عَنْ مَعْرِفَةِ سَعَةِ الْقُدْرَةِ. أَمَّا قُدْرَةُ اللَّهِ سُبْحَانَهُ فَإِنَّهُ وَاسِعٌ عَلِيمٌ، وَأَمَّا ظَاهِرُ الْقُرْآنِ فَلَا يَنْفِي وُجُودَ الْخُنْثَى، لِأَنَّ اللَّهَ تَعَالَى قَالَ:” لِلَّهِ مُلْكُ السَّماواتِ وَالْأَرْضِ يَخْلُقُ مَا يَشاءُ”. فَهَذَا عُمُومُ مَدْحٍ فَلَا يَجُوزُ تَخْصِيصُهُ، لِأَنَّ الْقُدْرَةَ تَقْتَضِيهِ. وَأَمَّا قَوْلُهُ “يَهَبُ لِمَنْ يَشاءُ إِناثاً وَيَهَبُ لِمَنْ يَشاءُ الذُّكُورَ. أَوْ يُزَوِّجُهُمْ ذُكْراناً وَإِناثاً وَيَجْعَلُ مَنْ يَشاءُ عَقِيماً” فَهَذَا إِخْبَارٌ عَنِ الْغَالِبِ فِي الْمَوْجُودَاتِ، وَسَكَتَ عَنْ ذِكْرِ النَّادِرِ لِدُخُولِهِ تَحْتَ عُمُومِ الْكَلَامِ الْأَوَّلِ(أي: أنه يخلق ما يشاء)، وَالْوُجُودُ يَشْهَدُ لَهُ وَالْعِيَانُ يُكَذِّبُ مُنْكِرَهُ، وَقَدْ كَانَ يَقْرَأُ مَعَنَا بِرِبَاطِ أَبِي سَعِيدٍ عَلَى الْإِمَامِ الشَّهِيدِ مِنْ بِلَادِ الْمَغْرِبِ خُنْثَى لَيْسَ لَهُ لِحْيَةٌ وَلَهُ ثَدْيَانِ وَعِنْدَهُ جَارِيَةٌ، فَرَبُّكَ أَعْلَمُ بِهِ، وَمَعَ طُولِ الصُّحْبَةِ عَقَلَنِي الْحَيَاءُ عَنْ سُؤَالِهِ، وبودي اليوم لو كاشفته عن حاله.”

“Jurist Abu Bakr ibn al-`Arabi (d. 543) said: a lot of laity have denied the existence of intersexuals because Allah divided the creation into males and females. We say: this is ignorance of the language, and stupidity regarding the section’s eloquence, and limited recognition of [Allah’s] expansive ability. As for Allah’s Ability, then He is the Vast, the Knowing. As for the apparent wording of the Quran, then it does not negate the existence of the intersex, because Allah the Exalted said, ‘To Allah belongs the dominion of the heavens and the earth and He creates what He wills.’ This is a general praise which is not allowed to be specified because His ability necessitates it. And as for His saying, ‘He gives to whom He wills females, and He gives to whom He wills males, or He couples them males and females and makes whomever He wills infertile.’ Then this is information about the majority of what we see, and He was silent regarding rare occurrences because it is encompassed in the generality of the first speech [that He creates whatever He wills]. And their existence is [sufficient] testimony, and those individuals [knowing and seeing them] belies the deniers. And by Ribat Abi Sa’eed there was an intersex that used to recite with us in front of the martyred imam of Morocco. He had no beard but had breasts, and a young girl with him. Allah knows better about hi[s situation]. While our company was long, only modesty restrained me from asking him, but today I wished I further discovered his circumstance.”

The example of ibn al-`Arabi which al-Qurtubi quoted without any criticism shows that many scholars, indeed prominent ones, saw gender definitions to not be as rigid or limiting as many do today, and that between “full male” and “full woman” there might exist a spectrum. Indeed, this individual, without declothing him, resembled a woman from some angles, and these students of knowledge accepted him in their midst. Without further knowledge, we have to take him for his word and assume he had Klinefelter’s syndrome or was intersex, and sometime during his youth, a doctor or jurist pronounced him male, and from then on, he was socialized as one.

The scholars of Islam did not let the existence of intersex individuals shake their faith just because the Quran nor the Sunnah mentioned them directly. That was because they had absolute faith in the revelation, and that whatever was not specifically mentioned, the tools to extracting its rulings dwell within and with the Prophet’s example. And this is part of the enjoyable academic challenge scholars engage in to better learn of Allah’s deen in their exploration. And just as the scholars expanded on the rulings for intersex individuals, there is similar need to expand on the rulings for the transsexual.

However, the appreciation scholars had for fluidity and diversity of Allah’s creation was in that sense alone. Abu Bakr ibn al-Arabi (d. 543) stated that the verse in question did not negate gender fluctuation, although he did not specifically allow multiple genders. Abu Bakr al-Jaṣṣāṣ (d. 331 ah), the famous Hanafi scholar and theorist, on the other hand, found in Allah’s saying [ahkam al-quran, 5/238], an expression of restriction ḥaṣr that limits the genders to two, here “And that He creates the couplings, the male and the female.” [53:45] And al-Jaṣṣāṣ further added that the intersex, no matter how complicated it may be for jurists and physicians to determine their gender, ultimately fall into one of the two, and nowhere else.

قال الجصاص عندما فسّر أحكام سورة النجم “وقَوْله تَعَالَى وَأَنَّهُ خَلَقَ الزَّوْجَيْنِ الذَّكَرَ وَالْأُنْثى مِنْ نُطْفَةٍ إِذا تُمْنى قَالَ أَبُو بَكْرٍ لَمَّا كَانَ قَوْلُهُ الذَّكَرَ وَالْأُنْثى اسم للجنس اسْتَوْعَبَ الْجَمِيعَ وَهَذَا يَدُلُّ عَلَى أَنَّهُ لَا يخلوا مِنْ أَنْ يَكُونَ ذَكَرًا أَوْ أُنْثَى وَأَنَّ الْخُنْثَى وَإِنْ اشْتَبَهَ عَلَيْنَا أَمْرُهُ لَا يَخْلُو مِنْ أَحَدِهِمَا.“

Likewise, aiding al-Jaṣṣāṣ’ conclusion is the words of the Prophet ﷺ concerning the fetal creation of humans and determination of their futures, as al-Bukhari recorded on the authority of ibn Mas’ud and Anas, “Then if Allah wishes (to complete) its creation, the angel asks, (O Lord!) Will it be a male or female, a wretched or a blessed, and how much will his provision be? And what will his age be?’ So all that is written while the child is still in the mother’s womb.” The angel asked for Allah to provide a quantitative value for provision and lifespan, but not for heaven/hell nor for male/female. So just as there are only two destinations in the hereafter, there are only two genders. Even the people of the Heights ahl-A`raaf are ultimately destined for Paradise, as well as those who died in childhood or never heard the Message. There is no third option for the hereafter, nor for gender.

As for rulings of the dunya, then there could be more classifications. And perhaps a person may be one gender in reality with Allah but another gender in ruling. Let’s see how that might work.

Between Transwomen and Cisgender Women and Defining what it means to be “woman”

 What then remains between a transwoman and an “original” or “authentic” “genuine” or “anatomically” “biologically” and hormonally aligned born ciswoman who was pronounced female upon birth and lived all her life knowing she’s a woman?

That goes back to the philosophy of definitions, as scholars of Islam have usually tried to make their definitions encompassing all members while excluding all non-members (جامعاً مانعاً).

Evolutionarily speaking, a woman is one with the potential to bear children, while the male is the one who can inseminate her. These abilities are primarily determined by the existence of outward sexual organs, however, inward organs could render several people in between or belonging to neither group.

Of course, one response to define “true women” is the uterus. For some embryos with male chromosomes, although very rare, their bodies may not respond to the male hormone no matter how much is secreted, so they develop by default as women, outwardly and neurologically but lack internal female reproductive organs. Only random medical tests later in life, or tests meant to discover why they have no internal female reproductive organs inform them they are, chromosomally, male.^[1]On another note, one thing I’ve found puzzling, is that most transsexuals I’ve met do not seem all that interested in having children. I may ask “are you bothered by the fact that you will … Continue reading So if some women are born without uteruses, what does that mean for how we define woman but to say the exception does not disprove the rule? That is inconsistent and an attempt to monopolize gender. For those who receive sex change surgery and have male chromosomes, are they 100% equal to people who were declared women at birth, with outer female organs, but lack a uterus and possess male chromosomes? It’s almost difficult to distinguish between the two except by how they were raised. But if one was raised and brought up in a manner they feel is a lie, it would be like leading a church when you strongly believe in Islam.

What about defining “true men and women” based on chromosomes? We all learn in grade school that men have the XY chromosome and women have the XX chromosome. Other discoveries since then missed the boat, but are no less noteworthy. Basically, it is possible to find heterosexual cismen with chromosomes that do not follow what we’ve been taught in our schoolbooks. If a cisgender male’s second X-chromosome also results in infertility, growing breasts and other feminine characteristics, it is called Klinefelter’s Syndrome, represented as XXY. What is interesting about this, is that some conservative groups say, and have even lobbied for legislation in agreement, “if someone has two X chromosomes, they are female” while other religious organizations elsewhere say something similar, “if someone has a Y chromosome, they are male.” This might sound similar to if the coin lands face down, it’s tails, but face up, it’s heads. It might make sense, but what if the coin has two faces? A person with KS would be male in one state, and a female in another. We could dismiss these as anomalies, but the fact that they exist will greatly challenge us and cause controversy until we create a definition that does not allow exceptions.

Prior to nationwide same-sex marriage legalization, a post-op transwoman would be considered differently and allowed or restricted from marrying different partners from state to state. This is similar to how some states forbade someone who was 1/128^th black from marrying a white, while in another state, they’d be forbidden from marrying even a black.

Likewise, with ciswomen. An estimated 1 in every 2,500 women are born with Turner’s Syndrome, missing the second sex chromosome, which results in stunted physical development if there is no hormone therapy intervention. This is represented as XO. If someone is born physically as a woman but with the genetics of a man, it is called Androgen Insensitivity Syndrome (AIS)—basically, the body does not respond to the male hormone, so it develops by default as a woman, but infertile.

At the most conservative estimates, although probably more prevalent, at least 1 in every 20,000 do not follow the typical chromosomal pattern as there are numerous genes that influence sexual make-up, and only one of them, the SRY gene, happens to exist on the Y-chromosome.

Since sexual identity is linked to social roles and expectations, modern feminists, rather than embrace transwomen in their “struggles against patriarchy”, generally do not accept transwomen as like their own. They state that the struggles of women in patriarchal society, from birth through adulthood, makes the complete female identity unique to those that have grown up coping with or trying to overcome those barriers of systemized marginalization and enforced inferiority. Transwomen were born with penises, giving them a social privilege, and now they want to take any privilege and respect that ciswomen now enjoy after long fighting and campaigning. This, even though transsexuals face far greater difficulties, socially (even in last resort places like homeless shelters and bathrooms), emotionally, legally and healthily as a result of their struggle to achieve personal equilibrium in spite of their environment. The struggles of each group is unique, just as the struggles of Western women differs dramatically from women in Malaysia, for example. Historically and contemporarily, transsexuals socialize most among themselves as part of a transgender subculture, since their social struggles are unique from feminists and masculists. Socially, many occupy a third gender place, which is precisely how some institutions in Thailand have begun acknowledging them with regard to school dress code and washroom facilities. And some observers have said that they’ve “come out of the closet, only to enter a bigger closet” enjoying the comfort of the transgender subculture, sometimes not even pursuing regular employment, and not living like a normal woman.

The point is, no matter what single characteristic we use to differentiate “women” from “men”, we will run into problems. If we seek an all-encompassing and excluding definition via one characteristic, there will be numerous anomalies. If we say that exceptions are merely anomalies that do not obfuscate the general rule, then we may be opening the door to transition, because the anomalies will blur the lines. Is this something we want or do not want? Why? Because we like order or because we prefer fluidity?

It would seem to me, and Allah knows best, that females or women are best defined as “the siblings of men, naturally possessing all or most of the following characteristics: sense of femininity, a vaginal canal, the innate and natural ability and instinct to carry, deliver and nurse children, and XX chromosomes; [and secondary sex characteristics, like] physically weaker than average male counterparts, fairer skin, maybe XO chromosomes, less body hair, breasts upon puberty, wider hips and higher pitched voice.” Or in shorter terms, every human for whom most unaltered gender differential characteristics are feminine.

I did not define “women” with any social characteristics. It is my personal belief that physical weakness compared to men, their penetrated role in sexual intercourse, and their exclusive ability to bear and nurse children are ultimately what influenced women’s social positions and very subtle means of attracting men. And carrying, delivering, and nursing children is more than an ability. For many women, it is an instinct and strong desire, and it explains much of how female emotion works. Their nurturing empathy and feeling the emotions of others appears designed for their care of children. Being physically weaker just further cements their social role and place: less mobility, around the home where the young are raised. Note that this is a description, not a prescription.

My defining women with these characteristics “naturally” means that chemicals and surgeries will not increase or change any person’s reality, but only the perception of others and only their traits. The reality is one without quantification. The degree may change with surgeries, chemicals and cosmetics, temporary or permanent, but the reality will always be constant. When the angel is commanded to write a person as one gender, we assume that it is the one that the angel of the womb triggers to develop then and there. I also hold that the purpose of alterations is not to change the reality, but in the case where one individual’s traits only barely overwhelm the traits of another gender present in their body, then they may take steps to bring further conformity. This is just as an intersex person is given the green light for such operations, even if the only defining characteristic is their own personal feeling. It is important to note here that jurists did in fact consider the feelings of an intersex person, even though they considered personal feeling and orientation to be the last and weakest of indicators. In such cases, knowing that for every ailment is a cure, and that even bodily procedures such as cauterization are prophetic cures, then exchanging their underwhelming and differing characteristics with agreeable characteristics, even with cosmetic surgery, constitutes a kind of Islamic cure for those individuals. Also, in modern times, feelings may or may not supersede what chromosomal blood tests indicate of gender and sexual orientation. I have chosen personal feeling to be a primary characteristic, alongside many others, because only a primary characteristic would make a person want to be classified with members of that gender. A human with penis and breasts is considered a man, but a human with a vagina without breasts is considered a woman—hence, breasts are a secondary characteristic. But the power of the mind and how they feel is what has caused this entire movement and phenomenon to be present throughout history and not go away despite strong social pressures, but rather, only to gain strength and consideration.

What needs to be understood here is that such a person who fits this description is a woman “in reality” and “with Allah”. As for on earth, then there may be instances where the individual is “ruled” a male, and would thus take the Sharia rulings usually given to males. For example, being born with micro penis, and so written as male, but then later discovered that it was in fact a large clitoris, or vice versa, and similar which may only be discovered and corrected (or ignored!) with the onset of puberty. Until that discovery, the child’s ruling may be male, and their guardian may have rightfully sacrificed two sheep for their aqeeqah. The ruling may differ from the reality, temporarily or even longer, due to lack of knowledge of the reality, but because of other factors. What other factors? Well, for example, not having any sexual desire does allow a non-woman to mix with women. So this is one instance, and similar rulings will be called on for the next page inshaAllah.

But this brings us to another issue. Feelings are a primary characteristic, and in the case of ambiguous organs, it is important to wait for a person’s feelings to be known and heard. Unfortunately, and this is a true oppression, some lazy physicians create a vaginal canal for newborns lacking any distinguished outer sex organ, only because creating a vagina is easier than creating a penis. Then the child grows up with strong feelings of masculinity, and therefore, depression and mental illness. And in cases like that, such a person might be male “in reality and with Allah” but a female “by incidental ruling”.^[2]Hypocrites may be disbelievers with Allah but treated as Muslims in this life and be “Muslim hukman“. To avoid such dilemmas, patience must be exercised until the child reaches puberty, and more tests are conducted, their body is observed, and their feelings taken to account, to understand what Allah intended for them. And Allah knows best.

{لَيْسَ عَلَى الَّذِينَ آمَنُوا وَعَمِلُوا الصَّالِحَاتِ جُنَاحٌ فِيمَا طَعِمُوا إِذَا مَا اتَّقَوا وَّآمَنُوا وَعَمِلُوا الصَّالِحَاتِ ثُمَّ اتَّقَوا وَّآمَنُوا ثُمَّ اتَّقَوا وَّأَحْسَنُوا ۗ وَاللَّـهُ يُحِبُّ الْمُحْسِنِينَ} ﴿٩٣﴾ سورة المائدة

“Those who believe and do righteous good deeds, there is no sin on them for what they ate (in the past), if they fear Allah (by keeping away from things forbidden by Him), and believe and do righteous good deeds, and again fear Allah and believe, and once again fear Allah and do good deeds with iḥsān (perfection). And Allah loves the good-doers.” [5:93]

Next page: suggested fiqh guidelines for transgendered and transwomen in issues that have different rulings for males and females