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Breakout Session 2 (Global): Shariah Law vs. Self-Identity: The Transgender Rights Debate in Pakistan and Muslim countries

Nayyab Ali

Session summary

In 2018, Pakistan passed the Transgender Persons (Protection of Rights) Act, a landmark law granting transgender individuals the right to self-identify and access legal protections. However, in 2020, a petition was filed in the Federal Shariat Court (FSC) challenging the Act, arguing that it was incompatible with Islamic principles. The case has reignited a national debate on the intersection of Shariah law, gender identity and human rights in a Muslim-majority country.

This session will examine how Shariah law is being used to challenge transgender identity and expression in Pakistan, exploring:

The key arguments of the petition against the 2018 Act, including concerns over self-identification and the perceived recognition of sexual minorities.

The counter arguments from Islamic scholars and legal experts who support transgender rights within an Islamic framework.

The role of Pakistan’s parallel legal system (civil vs. Shariah law) in shaping the rights of transgender individuals, Islamic rulings, including fatwas from Tantawi and Khomeini, as well as the legal precedent set by Malaysia’s court ruling decriminalising gender expression.

The session will also provide insights into how transgender activists in Pakistan are navigating this legal and religious landscape, working to protect their rights within an Islamic framework while countering misinformation.

Whether you are a legal expert, activist, policymaker, or simply interested in the complexities of religion, law, and gender identity, this session will offer a thought-provoking and balanced discussion.

11:15 am

23 October 2025

Biography

Nayyab Ali is the Executive Director of Transgender Rights Consultants Pakistan and a prominent advocate for transgender rights. With a rich background in policy advocacy, she has been instrumental in shaping laws for transgender inclusion, including contributing to the drafting of the Transgender Persons (Protection of Rights) Act, 2018. Nayyab is the first transgender woman in a Muslim country to contest an election for the National Assembly. She has received numerous accolades for her work, including the Franco-German Prize for Human Rights and Rule of Law. Nayyab has been recognized as an International LGBT Activist and regularly advises global organisations like UNDP on gender inclusion and health equity. She is also the In-Charge of the Gender Protection Unit of Islamabad Police, overseeing the establishment of similar units nationwide. Passionate about empowering marginalised communities, Nayyab’s work focuses on creating safer, more inclusive spaces for transgender individuals, while advocating their economic empowerment and legal protection.

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