Transgender marriage is one of the new issues of our era. It does not mean that at the time of Prophet (PBUH) no one was hermaphrodite. But the science of changing the sex into male or female, or curing this disorder to some extent had not been known yet. Therefore there is no verse or narration regarding this issue.

But how do we find out if transgender marriage is allowed (Halal) or forbidden (Haram) according to Islamic jurisprudence?

Transsexuals and Hermaphrodites

People who are known to be transsexual (a person who emotionally and psychologically feels that they belong to the opposite sex) or hermaphrodite (a person having both male and female sex organs or other sexual characteristics) are different from those who decide to be homosexual (lesbian or gay). Nevertheless, some of those who have homosexual tendencies may suffer from hermaphrodite disorders as well.

But the improvement of science these days has made it possible for transsexuals and hermaphrodites to go through a sex reassignment surgery (SRS) in which they can change their gender into the one they feel they belong to(obviously according to the physician’s opinion).

Since not having the operation and changing the sex may cause the person to commit a sin, or personal and social damages, it would be best if they can go through a sex reassignment surgery (SRS) and reduce these harms.

The Pessimistic Look at Transsexuals and Hermaphrodites

While transsexuality and hermaphrodites are obvious to be human disorders, most sufferers experience hostile encounters in the society.  It is important for the society, especially for Muslim communities, to become familiar with their issues and support them in a way that they can have a normal life alongside others.

One of the most offending manners towards them is to accuse them of having immoral sexual behaviors.  It should be very well understood by the society that accusing them of adultery is a forbidden (Haram) act according to Islam. We should keep in mind that they are human beings with all the rights and needs of a human.

The only difference is that they suffer from a disease, which makes them even more vulnerable. Hence they need special support from the society; such as disability support services provided by the government. 

Is Marrying a Transgender in Islam Forbidden (Haram)?

Since marriage, according to Islam and all the other Abrahamic religions is based on sexual differences, it is clearly false for a Muslim to marry a person with unknown gender. If a Man marries a transsexual with unknown gender, he cannot be sure if he has married a male or a female, therefore, that should become clear before marriage.

But if the sufferer has gone through the sex reassignment surgery (SRS) and the gender is now obvious, then there is no problem for a Muslim man or a Muslim woman to marry such a person under the Islamic rules of marriage.

However, they should both be aware that people who change their gender, will not be able to have children at all. (We hope that human knowledge can solve this issue in the near future). So, people who have had a sex reassignment surgery (SRS) should inform their “spouse to be” of their surgery and the consequences of the operation.

To conclude, we understand that marriage between or to a transgender -after the operation- is allowed (Halal) according to Islam and the couples may be able to shape a great family in which they feel comfort and relief. And if they wish to have children, they could always adopt a child which is strongly recommended in Islam.

Although we keep hearing and reading criticisms about people who live a routine life with no specific changes, there are still not many people who experience huge changes in their lives. Most people in this world live a conventional life. They go to school, then university, then they find a job and get married and form a family.

And all of those critics of such ordinary lifestyle, only suggest minor changes for breaking the routine. For example, they may recommend you to change your diet or listen to a happy song in the morning. But does anyone recommend you to rethink your ideologies, and see if it is not working properly for you, then think about a new set of ideas?! 

Some people in the world are brave enough to see if the present ideology is not working well for them, then they search and find a better one; people who embrace Islam as their new religion are amongst those.

Becoming a Muslim could be a long process in one’s life, and it will definitely have huge consequences for the convert person. Converts will have to let go of the past routine life and go through different experiences in all aspects of their lives such as friendship, job, family and the whole lifestyle.

In this short text, we will only point out one of the major changes that married converts may experience; what happens to their marriage if one of the spouses converts to Islam.

But before directly going to the main topic, let’s see what the rules of marriage in Islamic jurisprudence are?

Marriage after Converting to Islam

The main verse in the holy Quran that discusses the marriage of believers with non-believers says:

“Do not marry idolatresses until they embrace faith. A faithful slave girl is better than an idolatress, though she should impress you. And do not marry [your daughters] to idolaters until they embrace faith. A faithful slave is better than an idolater, though he should impress you. Those invite [others] to the Fire, but Allah invites to paradise and pardon, by His will, and He clarifies His signs for the people so that they may take admonition” (2:221)

Therefore in Islam, as described in the other Abrahamic religions, it is prohibited to marry a man or a woman who does not believe in God. In another verse Allah says:

“Today all the good things have been made lawful to you—the food of those who were given the Book is lawful to you, and your food is lawful to them—and the chaste ones from among faithful women, and chaste women of those who were given the Book before you, when you have given them their dowries, in wedlock, not in license, nor taking paramours…” (5:5)

Therefore, from the above verses, besides other verses and narrations, Muslim jurists have concluded the following rules for interfaith marriages:

Rules of Marriage for Muslim Men

A Muslim man is not allowed to marry, neither permanently nor temporarily, a non-Muslim woman who is not among the followers of the books (Ahlul Kitab); Christians and Jews.

A Muslim man is allowed to marry a Christian or Jewish woman. However, based on precaution, it is obligatory to refrain from marrying a non-Muslim woman in permanent marriage. The reason behind it is that Muslims do not deny the preceding Abrahamic religions, but they know Islam as the most complete and the last divine religion.

Rules of Marriage for Muslim women

A Muslim woman is not allowed to marry a non-Muslim man at all, neither permanently nor temporarily [1].

As you see the rules of marriage for Muslim women is much stricter than those for men. The reason behind it goes back to the verse that says “Men are the managers (protectors) of women, because of the advantage Allah has granted some of them over others, and by virtue of their spending out of their wealth…” (4:34)

The Islamic belief is that in married life, men have authority over women, and Islam will not allow a non-Muslim man to have authority over a Muslim woman.

In Islam, the responsibility of providing for the family is on man’s shoulder, and women have no responsibility in this case. Men are also responsible for protecting the religion of their family: “O you who have faith! Save yourselves and your families from a Fire whose fuel will be people and stones…” (66:6)

Now that we are familiar with the basic rules of marriage in Islam let’s see what happens to a person who has already been married and then decides to embrace Islam. Is his/her marriage to his/her non-Muslim spouse still valid?

When a Man Converts to Islam, What Happens to His marriage?

When a married man converts to Islam:

If his wife is from the followers of the book (Ahlul Kitab), Christian or Jewish, the marriage remains valid, and they do not need to remarry according to Islamic law [2]. This is because of the respect that Islam has for the preceding religions, although it is the final religion sent by God.

If the wife is an atheist, the marriage will be void automatically. However, according to the ruling (fatwa) of Sayed Ali Khamenei, even the atheist woman needs to keep the waiting period (iddah)[i]. If during that period (3 months) she decides to convert to Islam the marriage will continue [3].

But what happens if the man doubts that his wife has accepted Islam as her religion truly? The Muslim jurists say that if the non-Muslim woman only recites the two testimonies (Shahadatain) for the sake of marriage, the Islamic treatment would be applied to her as long as she does not say or do anything that would contradict her declaration of the faith [4].

When a Woman Converts to Islam, What Happens to Her Marriage?

“O you who have faith! When faithful women come to you as immigrants, test them. Allah knows best [the state of] their faith. Then, if you ascertain them to be [genuinely] faithful women, do not send them back to the faithless. They are not lawful for them, nor are they lawful for them, but give them what [dowry] they have spent [for them]…” (60:10)

When a married woman converts to Islam:

No matter if the husband is an atheist or a Christian or Jewish, the marriage will automatically be void UNLESS the husband accepts to convert to Islam too. If at the time that the woman is keeping her waiting period (iddah) her husband embraces Islam, their marriage is considered standing, and there is no need to renew the marriage [5].

If Both of the Married Couple Convert to Islam

In a marital relationship, when both spouses decide to embrace Islam, no matter if they are both followers of the book (Ahlul Kitab) or both are not followers of the book (non-Ahlul Kitab) or one is the follower of the book (Ahlul Kitab) and the other one is not, if the marriage that took place among them is valid according to their custom, such marriage is considered valid and there would be no need to recite the marriage formula anew [6].

It is understandable that both man and woman will experience such hard circumstances for their new beliefs. Maybe that is why Allah in a chapter called “Divorce” indicates:

“… Whoever is wary of Allah, He shall make for him a way out [of the adversities of the world and the Hereafter], and provide for him from whence he does not count upon. And whoever puts his trust in Allah, He will suffice him. Indeed Allah carries through His commands. Certainly, Allah has ordained a measure [and extent] for everything.”(65: 2, 3)

Notes:

[i] The period a woman must observe after the death of her spouse or after a divorce, during which she may not marry another man.

References:  

[1] Imam Khomeini, Tahrir al-Wasilah, vol. 4, pg. 103, the book of marriage

[2] ibid

[3] Sayed Ali Khamenei, Istifta

[4] ibid

[5] Imam Khomeini, Tahrir al-Wasilah, vol. 4, pg. 103, the book of marriage

[6] ibid

“And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed, in that are signs for a people who give thought.” (30:21)

The concept of marriage is very ancient dating back beyond Abrahamic religions and recorded history and was practiced by all people of many cultures, religions, and ethnicities throughout the earth.  Among all belief systems, Islam is the only religion that accords great importance to marriage and humans’ marital life.

The religion of Islam holds that the progress and development in all aspects of a person’s life roots in how his/her family is formed. Therefore, it provides the people who are ready for committing themselves to marriage with a comprehensive guideline.

Islamic guidelines for choosing a spouse

• Having faith and piety

According to Islam, the first criterion of the most eligible person to marry is having faith and being pious; In other words, the candidate should have a firm belief in Allah and the principles of Islam. This characteristic is so important that without it no other criteria is worthy of attention.

The holy Quran says: “And do not marry polytheistic women until they believe. And a believing slave woman is better than a polytheist, even though she might please you. And do not marry polytheistic men [to your women] until they believe. And a believing slave is better than a polytheist, even though he might please you” (2:221).

If a person believes in God and whatever He commands him/her to do, consequently he/she will not be seduced by temptations of Satan, will be totally devoted to his/her own family and observant of his/her behavior towards them and will treat his/her spouse and the whole family fairly.

• Morality

Another important feature in evaluating the suitable person for marriage is being good-tempered and following the codes of morality in his/her behavior. This characteristic has been defined as “being modest, well-spoken and good-natured” [1] by Imam Sadeq (AS).

Nevertheless, acting morally is not only restricted to being good-tempered but includes honesty, chastity, using decent language, forbearance, politeness, contentment, benevolence, faithfulness, and generosity as well. The presence of morality in one’s behavior is so vital that when Imam Reza (AS) was asked of his advice in marrying a person who was famous for being ill-natured, he strongly disagreed [2].

• Nobility of the family

It is stressed in the religion of Islam that one should choose her/his spouse from a decent and noble family. Family nobility does not mean fame, wealth, or social status; rather it means modesty, chastity, purity, and religiousness, which will be all passed on to the next generations.

The Messenger of Allah (PBUH) has said in this regard: “Marry in the lap of a decent family, since the semen and the genes have effect.” [3]. He has also said to avoid the greenery (herbs) growing over a sewer (cesspool); i.e., a beautiful woman born and raised in an indecent family [4].

• Compatibility

Islam also lays special emphasis on compatibility in marriage. The marrying partners must be Kufw of each other; i.e., they should be equal and close to one another in terms of religiosity and morality, as well as social, financial and also physical aspects. Spouses in the Quran are likened to clothing: “They are clothing for you, and you are clothing for them” (2:187). Just like clothes that should be of the right size, color and material to suit you well, your spouse has to be a suitable match for you. But do not forget that in Islamic view, the main point of similarity is in the couple’s belief and faith. Prophet Muhammad (PBUH) has said: “a faithful man is suitable for a faithful woman and a Muslim man is good for a Muslim woman” [5].

Someone who is inferior in faith to you may degrade your belief as well. Marriage is a means of elevation of the soul, so if it results in the opposite way the whole purpose of this holy union will be wasted.

• Physical and Mental health

Although health problems do not preclude marriage, they have negative effects on the continuation of married life. There are various narrations in the Islamic teachings on the importance of marrying someone healthy and of sane state of mind: “when you intend to marry a woman, ask about her physical characteristics, since this will create a bond of affection and love between you and your spouse” Prophet Muhammad (PBUH) [6].

It has also been narrated from him that “Avoid marrying a stupid person, since her/his company is a woe” [7]. Moreover, we are advised by him to reject the proposal of a person who is accustomed to drinking alcohol for its detrimental effects on the body and soul.

It is noteworthy that there are other features for choosing the right person to marry like financial matters, age difference, racial differences, etc. Though there are a lot of psychological and religious advice on these issues as well, they are not of much importance in Islam as long as the girl and the boy are Muslims and have taken the five above-mentioned significant aspects into consideration.

Allah has promised to fulfill the other needs of the married couple Himself: “And marry the unmarried among you and the righteous among your male slaves and female slaves. If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing” (24:32)

References:

[1]. Usul Al-Kafi , v. 2, p.563

[2]. Wasa’il ul-Shi’a, v. 14, p.54

[3]. Makaremul Akhlaq, v. 1, p. 432

[4]. Al-Kafi, v. 5, p. 332

[5]. Wasa’il ul-Shi’a, Vol. 14 , p.44

[6]. Shaikh al-Hur al-Aamili, Wasa’il ul-Shi’a, chapter 35

[7]. Al-Jafariat, p. 92

[8]. Choose a Spouse in Islam

When you hear this question the first thing that comes to your mind is probably the following: “Do husbands have rights too?” and "What are husband's rights in Islam?" In today’s modern societies whenever the issue of rights is discussed, particular groups are considered; mainly women and children.

However, it seems that men’s or husband's rights have been neglected or never talked about since no one thought it was necessary!

Here we want to pay our attention to MEN and specifically those men who are involved in family life, say husbands!

Husband’s Status in Family

Since in Islam, the family is seen as an essential entity of the society, the wife-husband relations, their responsibilities and rights over one another is to be seen in the light of their status in the family.

When a man is called ‘husband,’ it means so much to him. He has to provide, has to fulfill his wife’s needs emotionally and economically.  There are so many responsibilities that a man as a husband has towards his wife, and when it comes to Islamic culture and teachings, it is even more demanding.

The only provider in Islam is considered to be the husband, and wife has no responsibility whatsoever to provide for the family, unless she works and earns money only for her own pleasure (She may voluntarily, however, support the family financially. As it is the case in many Muslim families nowadays).

The Prophet (PBUH) said: 'Man is the guardian of his family and every guardian has responsibilities towards those under his guardianship' [1].

Also, it is mentioned in the Quran that the husband is the ‘manager’:

‘Men are the managers of women, because of the advantage Allah has granted some of them over others, and by virtue of their spending out of their wealth...’ (4:34)

A modern reader of this verse may wonder why men should be the managers. One of the reasons mentioned in the above verse is due to his financial role in the family: ‘and by virtue of their spending out of their wealth...’

However, one may argue that, in today’s societies, this is not always the case. Today both men and women work, both earn money, both are educated, and they both have the same virtues. Then, what feature(s) of men has made them capable of being in charge of the family?

1. Husband’s Rights: Respect and Obedience

‘Righteous women are obedient..’ (4:34)

What does it mean to be obedient? Can it be applied to today’s societies in which men and women are considered the same?

Modern thinkers have mainly focused on the similarities between men and women to defend women’s rights. They have strived to show that women have the same power as men to build the history [2]. At the end of the day, however, they are two ‘unique’ creatures of God, each of them possessing their beauty and strengths that fit well with his or her purpose of being. This is well addressed in the following verse:

‘And of His signs is that He created for you mates from your own selves...’ (30:21)

The word ‘mate’ in the above verse refers to the fact that man and woman are incomplete on their own, and they need each other [3].

In other words, men are created to be fathers, the same way that women are created to be mothers! Is it not enough to understand their different duties, rights, and responsibilities?

Islam advocates the priority of neither gender; rather it allows every person to fulfill their potentials, without any discrimination.

Alexis Carrel, the well-known French physiologist, and biologist admits the fact that men and women have been made differently according to the law of creation and he also confirms that these dissimilarities make their duties and rights dissimilar [2].

When Islam introduces husband as the manager, it means he is fully responsible for all family affairs. Accordingly, one of his rights is to be obeyed by family members including his wife and children. 

What is primarily important here is that there should be a balance between rights and duties for each member of the family.  When a family is seen as a big picture in which every member has their own role, different rights and duties of husband, wife and children can be easily explained.

2. Husband's Rights: Sexual Availability

Parallel to his duties and responsibilities, a husband also has some rights over his wife. Sexual satisfaction is one of them.  A wife has to sexually submit herself to her husband unless during the wife’s state of menstruation:

‘They ask you concerning [intercourse during] menses. Say, ‘It is hurtful.’ So keep away from wives during the menses, and do not approach them till they are clean’ (2:222)

This is indeed one of the advantages that Islam gives to women to protect them.

One might argue why sexual availability is considered as a duty for the wife and one of the husband's rights? An examination of the philosophy of marriage in Islam will be helpful to find the answer [4].

In Islam wife is considered as husband’s mate towards whom husband take comfort as you can see in the following Quranic verse:

‘And of His signs is that He created for you mates from your own selves that you may take comfort in them, and He ordained affection and mercy between you...’ (30:21)

From the Islamic point of view, if a man is sexually and emotionally satisfied at home he will be protected against corruption outside. Same goes for women of course; hence we have many instructions for men on how to care for their wives and pay attention to their sexual needs.

Last word...

We can never talk solely about husband's rights or wife’s rights. They are members of one social unit called ‘family’; a unit that is of high value and importance in Islamic teachings. Husband, like the wife, has his own rights and duties.

As for his duties, he is considered as the only provider for the family, and as the guardian, he has to take care of his wife and children. As for husband's rights, he has to be sexually and emotionally satisfied by his wife.  Also, as the manager of the family, the husband is to be obeyed.

Wife and children must recognize the role of man in the family for the family to stay on the right track. However, man is to provide whatever means possible to fulfill his wife's and children’s needs emotionally and economically.

References:

[1]  Mustadrak, vol 2, p 550.

[2] Mutahhari Murtadha, The Rights of Women in Islam, available at https://www.al-islam.org

[3] Almizan, Tafir, Vol 16. Sura Rum, verse 21. http://www.aviny.com

[4] The Importance of Marriage in Islam’, available at https://www.salamislam.com