النوازل الفقهية في الحج والعمرة للمتحولين جنسياً، وتقييد حقهم الفردي. دراسة فقهية تأصيلية

Abstract

This thesis aims to present and clarify the Islamic legal ruling on the performance of Hajj and Umrah rituals by transgender individuals, and to regulate their individual rights in this regard. Multiple methodologies were adopted in this study, most notably: the inductive, analytical, comparative, and descriptive methods.

The study concluded that restricting individual rights refers to limiting a person's unrestricted exercise of a legitimate right if a prevailing interest necessitates it, such as preventing harm, preserving public order, or considering exceptional circumstances. The effects of gender transition on the rituals of Hajj and Umrah, and the restriction of individual rights therein, are numerous, including matters related to the prohibitions of Ihram, the Tawaf and Sa’i, and the stoning of the Jamarat.

Accordingly, it is recommended to establish a joint Shariah-medical committee within the Ministries of Health and Islamic Affairs to study such cases, along with encouraging researchers in Islamic jurisprudence and forensic medicine to conduct field studies documenting actual cases.