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?
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.
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.
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.