An Analytical Study of Laws, Determining the Gender of a Transgender Person in Pakistan
Living organisms are divided into two genders, generally, whether they are plants, animals, birds, insects, or human beings. These two genders are males and females and are often called binary genders. Among the human species, sometimes, babies are born with some disabilities in their reproductive organs and such babies have been there in human societies for a time, unknown. In ancient Arab, these people were called 'khunsas'. They were used as slaves by the royal elite of the Arabic peninsula. Deen-e-Islam has given a large number of rights to khunsas and provides them many opportunities to live with honor and grace. Transgender Persons (Protection of Rights) Act 2018, was the first statute passed by the Parliament of Pakistan that protects and promotes the rights of khunsa people in Pakistan, specifically. In this paper, an effort is made to analyze the principles of Islam and the Laws provided in the Transgender Persons (Protection of Rights) Act 2018, to determine the gender disability of khunsa persons. A comparative study is also a part of this paper on the approach related to gender determination of a khunsa person, between Hanafi School, Itsna Ashari School, and the laws of Pakistan.