An Obscure Perception of Transgender in Islam: A Case of Hijra in Bangladesh

An Obscure Perception of Transgender in Islam: A Case of Hijra in Bangladesh

Rezwana Karim Snigdha

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Jahangirnagar University

An Obscure Perception of Transgender in Islam: A Case of Hijra in Bangladesh

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Connecting with the Eternal Ground

Abstract

Religion-related stigma and discrimination towards transgender are common phenomena in the current world. Despite the legal recognition of hijra, those people were denied basic civil and human rights such as marriage or inherent property rights. Like many colonized countries, Bangladesh legal system has its roots in British colonial legacy. But, in case of marriage or inherent property law, Bangladesh follows the religious law of Islam. The Quran or Hadith do not have a specific guideline concerning transgender, and the Muslim countries do not follow any homogenous law due to the contextual cultural construction. This paper argues, without addressing the cultural practices of Islam, the proper conceptualization of transgender identity is not possible. Although it is also the case, only the Islamic perspective, will give us a narrow understanding of hijras who are one of the transgender communities in Bangladesh. To do so, this paper will analyze the dynamic relation between Islam and transgenderism in Bangladesh with a special reference to sharia law and explore the asymmetrical power relations to construct the reality of the ‘Trans’ as well as the cultural perception of the hijra in Bangladesh.

References

39 Cites in Article

Reference Format

Abu Dawud (2008). Sulaiman bin Asha.
Paul Agius,Marian Pitts,Anthony Smith,Anne Mitchell (2010). Sexual behaviour and related knowledge among a representative sample of secondary school students between 1997 and 2008.
M Alipour (2014). <i>Living Out Islam: Voices of Gay, Lesbian, and Transgender Muslims</i>by Scott Siraj al-Haqq Kugle.
Al-Sarakhsi (1986). Muhammad Ibn AbiAshal. Al-Mabsut.
James Beckford (2001). Social movements as free-floating religious phenomena.
Bethan Beirut (2016). Pakistani activists plan to build trans-friendly mosque in Islamabad.
Daniel Burke (2016). American Muslims Denounce Orlando Shooting, Extremism. News.
George Chauncey (2008). Gay New York: Gender, urban culture, and the making of the gay male world, 1890-1940.
Lynn Conway (2002). How frequently does transsexualism occur.
Murray Couch,Hunter Mulcare,Marian Pitts,Anthony Smith,Anne Mitchell (2008). The religious affiliation of gay, lesbian, bisexual, transgender and intersex Australians: A report from the private lives survey.
Kimberle Crenshaw (1991). Mapping the Margins: Intersectionality, Identity Politics, and Violence against Women of Color.
John,Estelle Freedman (1988). Intimate Matters: A History of Sexuality in America, 3rd edition by John D’Emilio and Estelle B. Freedman, and: Documenting Intimate Matters: Primary Sources for a History of Sexuality in America ed. by Thomas A. Foster (review).
John (2012). Sexual politics, sexual communities.
Claire Dente (2015). The Intersection of Religion and Sexual Orientation: Pedagogy and Challenges.
Michel Foucault (1978). The history of sexuality, volume I.
Sheila Furness,Philip Gilligan (2009). Religion, belief and social work.
Kristopher Goodwill,Albert (2000). Religion and the Spiritual Needs of Gay Mormon Men.
David Greenberg,Marcia Bystryn (1982). Christian Intolerance of Homosexuality.
Mohd Ishak,Shuhaimi Bin,Sayed Haji,Shah Sikandar,Haneef (2014). Sex reassignment technology: the dilemma of transsexuals in Islam and Christianity.
Zia Jaffrey (1996). The invisibles: A tale of the eunuchs of India.
Humaira Jami (2005). Condition and status of hijras (transgender, transvestites etc) in Pakistan.
Fazlul Karim (1994). Mishkat al-Masabih.
Sabina Kinkartz (2017). Everyone is welcome at Berlin's Ibn Rushd-Goethe Mosque.
E Laumann,S Ellington,J Mahay,A Paik,Y Youm (2004). The Sexual Organization of the City.
Edward Laumann,Robert Michael (2001). Sex, love, and health in America: Private choices and public policies.
Edward Laumann,Jenna Stephen Ed Ellingson,Anthony Mahay,Yoosik Paik,Youm (2004). The sexual organization of the city.
Afsaneh Najmabadi (2011). Verdicts of Science, Rulings of Faith: Transgender/Sexuality in Contemporary Iran.
Serena Nanda (1999). Neither man nor woman: The hijras of India.
Laura Olson,Wendy Cadge (2002). Talking about homosexuality: The views of mainline Protestant clergy.
Crystal Park,Raymond Paloutzian (2005). One step toward integration and an expansive future.
Larry Petersen,Gregory Donnenwerth (1998). Religion and Declining Support for Traditional Beliefs about Gender Roles and Homosexual Rights.
Eric Rodriguez,Suzanne Ouellette (2000). Gay and Lesbian Christians: Homosexual and Religious Identity Integration in the Members and Participants of a Gay‐Positive Church.
Abdulaziz Sachedina (2009). Islamic biomedical ethics: principles and application.
Aoun Sahi (2016). coercive questioning (that is, where a suspect's silence can be used in evidence against him or her) can be used in matters under s (as amended) of the Official Secrets Act 1911. There are also wide powers under the Companies Act 1985 to require officers and agents of companies to assist inspectors appointed to investigate the company. Refusal to answer questions can be sanctioned as a contempt of court 431) and as a criminal offence 447). A person can also be required to answer questions to him or her by a acceptances of them under the Drug Trafficking Offences Act 1986. The closest English law comes to creating a duty to give one's name and address is the power given to the police under s 25(3) of PACE 1984 (above). Effective abolition of the right silence The Government ignored the recommendations of the Runciman Commission and, in ss 34-37 of the CJPO 1994, effectively abolished the right to silence. 'Abolished' may be too strong a word because everyone still has the right to remain silent in the same circumstances as they did before the 1994 Act; what has changed is the entitlement of a judge or prosecuting counsel to make adverse comment on such a silence. The issue has now been addressed by the European Court of Human Rights (ECtHR). The leading case is Condron v UK [2000] Crim 679. In 2000, two convicted drug dealers won a landmark ruling in Europe that the UK Government's curbs on the right to silence denied them a fair trial. The ECtHR in Strasbourg stated that, where juries are allowed to draw adverse inferences from silence under police questioning, they must be properly directed by the judge. In a key finding, it ruled that the Court of Appeal should look not just at whether a conviction was 'safe', but also at whether a defendant received a fair trial. The ruling will be likely to lead to other appeals. The case, backed by Liberty, the human rights group, was brought by William and Karen Condron, who were convicted of supplying drugs in 1995. The pair, who did not answer police questions, were jailed for four years. The ECtHR said that the jury had not been properly directed. As a result, the couple's right to a fair trial, as guaranteed by Art 6 of the European Convention on Human Rights, was breached. It awarded each defendant £15,000. Silence could not be regarded as 'an absolute right', the court said, and drawing inferences was not itself in breach of the right to a fair trial, but caution was needed. The jury should have been directed that, ' .. .if it was satisfied that the applicants' silence...could not sensibly be attributed to their having no answer, or none that would stand up to cross-examination, it should not draw an adverse inference'. The law report from Times appears below..
Randal Schnoor (2006). Being Gay and Jewish: Negotiating Intersecting Identities.
Kelly Schuck,Becky Liddle (2001). Religious conflicts experienced by lesbian, gay, and bisexual individuals.
Shanon Shah (2016). Constructing an alternative pedagogy of Islam: the experiences of lesbian, gay, bisexual and transgender Muslims.
Bhasker Solanki (2016). Hill, Jane, (born 10 June 1969), presenter, BBC TV News, since 1997.
Constance Sullivan-Blum (2004). Balancing acts: Drag queens, gender and faith.

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No external funding was declared for this work.

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The authors declare no conflict of interest.

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How to Cite This Article

Rezwana Karim Snigdha. 2019. \u201cAn Obscure Perception of Transgender in Islam: A Case of Hijra in Bangladesh\u201d. Global Journal of Human-Social Science - C: Sociology & Culture GJHSS-C Volume 19 (GJHSS Volume 19 Issue C5): .

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GJHSS Volume 19 Issue C5
Pg. 29- 36

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Crossref Journal DOI 10.17406/GJHSS

Print ISSN 0975-587X

e-ISSN 2249-460X

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GJHSS-C Classification: FOR Code: 160199

Submission ReceivedDecember 14, 2018
Peer Review Double Blind
Handling Editor
Accepted January 5, 2019
Published January 15, 2019

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November 19, 2019

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