Question:
Assalamualaikum wrm.wbt.,
I want to ask regarding the ruling of shaking hands or hugging a transgender.
Answer:
Waalaikumussalam wrm. wbt.
Alhamdulillah, praise and thanks to Allah for the countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
First and foremost, Islam is the religion of blessing for all mankind to strengthen the bonds of brotherhood. Islam encourages its ummah to spread salam and shake hands with one another. This is clear according to a hadith from Al-Barra’ RA, he said, the Prophet PBUH said:
مَا مِنْ مُسْلِمَيْنِ يَلْتَقِيَانِ فَيَتَصَافَحَانِ إِلاَّ غُفِرَ لَهُمَا قَبْلَ أَنْ يَفْتَرِقَا
“Two Muslims will not meet and shake hands having their sins forgiven them before they separate.”
Sunan Abu Daud (4773)
Hence, from this hadith it is sunnah for a man to shake hands with another man, the same as it is sunnah for a woman to shake hands with another woman. Refer Hasyiah Al-Baijuri ala Ibn al-Qasim (1/178)
However, scholars state there is an exception for the sunnah ruling for a group of people known as amrad al-jamil. Amrad according to jurists are those who do not grow beards or hair according to the what is usual for men. Refer Bujairimi ala Khotib (3/324). Amrad meant by scholars are men who are similar or resembles women.
Imam al-Nawawi Rahimahullah in al-Majmu’ (4/476) emphasize the need to be cautious from shaking hands with Amrad stating “looking at an amrad without any necessity is haram according to the sahih opinion in the madhhab.”
He stated that the prohibition is without any reason, except with one’s own child.
Likewise, in madhhab Imam Ahmad who is stricter who said that shaking hands to congratulate one another is permissible among the same gender, but not with an amrad. Refer Hasyiah al-Raud al-Murbi’ (2/522)
Imam Ibn Abidin from Hanafiyyah in his Hasyiah (1/283) took the opinion which divides it into two rulings:
- If the amrad is not attractive (beautiful more than usual) and does not lead to fitnah, then he is considered as a normal guy, hence, it is not haram to look at him.
- If the amrad is attractive (more than usual) and it can lead to fitnah, then it is divided into two: i) looking without the intention of talazzuz which means with desires and it is safe from fitnah, such as when a man looks at his son who is an amrad, it would usually with the intention of ii) talazzuz and with desires, then it is haram to look at him.
Hence, Imam Baijuri in his Hasyiah (1/178) stated a methodology “Anything that is haram to be look at is also haram to be touched,” for a physical contact would have a greater effect towards one’s desires. The exception from this methodology of looking at an ajnabi if there is a necessity in the matters of trade, accepting and giving a gift, however, it is still prohibited to touch an ajnabi in these affairs.
The basis of the prohibition of shaking hands with the amrad is very clear. Islam does not degrade the amrad, but the prohibition is to prevent transgressions. Clearly today when cases of homosexuality have been increasingly reported. Starting from cases of a teacher sodomising his student to cases of homosexual acts between adults. This is wisdom!
The conclusion to this question, we analogically deduced the prohibition of shaking hands with the amrad with transgender. This is prioritized for the ‘illah is to prevent a person from falling into sin and transgression. The amrad are those who naturally have an attractive appearance. However, for transgenders, they purposely change their appearance to resemble a gender different from when he was born. Thus, the prohibition of shaking hands with desires with the transgender is stronger in terms of its ‘illah. This ruling is also applicable for khunstha musykil cases.
However, we consider it the responsibility of preachers who are doing dakwah to these group of people to lead them back to the righteous path. The following we present the dhawabit for preachers or officers who are responsible to lead the transgenders:
- If it is for the purpose of dakwah towards the group, it can be considered through two conditions. If the group are from those who always showcase their transgressions or challenge the Islamic rulings with their sinful activities (mujaharah bi al-su’), then the appropriate approach is a firmer approach where they should be handed over to the authorities. It is not advisable to go and shake hands or hug them.
- Meanwhile, if they are from among transgender who is not against Islamic rulings and are only confused with their identity and are committed or still hoping to live in accordance with the Syariah of Islam, then these people should be treated kindly and it is permissible to shake hands with them sufficient according to necessity. However, if it can excite one’s desires or lead to fitnah, then shaking hands or hugging them should be avoided.
The general ruling for those who socialize with transgender in their work affairs and others:
- It is impermissible for a man to shake hands and hug other men who resemble a woman if it excites their desires when looking at him. It is not an insult towards the man but to prevent fahisyah which is a transgression that may happen in the future. However, if it does not excite one’s desires when a man first looks at him, then it is permissible to look and shake hands with him.
- Likewise, it is impermissible for a woman to shake hands or hug another woman who resembles a man (tomboy), if it is with desires and can lead to fitnah. If it is without desires and safe from fitnah, then it is permissible.
Wallahua’lam.