Can a Woman Marry a Non-Binary Person?


Hanafi Fiqh

Answered by Mawlana Ilyas Patel

Question

I’m wondering about the Islamic view of marrying a non-binary person. I’m a woman; the other person was born male, but they look more female now because they take estrogen. However, they identify as non-binary. Is that okay according to the Islamic ruling?

Answer

I pray you are in good faith and health. Thank you for your question.

It is not permissible to marry a non-binary person. Additionally, if the person is taking estrogen, it indicates a gender identity that may not align with your preferences. It may be better to find a male spouse, as this would be a more suitable option for you.

Allah Most High said, “And one of His signs is that He created for you spouses from among yourselves so that you may find comfort in them. And He has placed between you compassion and mercy. Surely in this are signs for people who reflect.” [Quran, 30:21]

Allah Most High has created women in the same genus as man, and they are made their wives as lifelong partners. Men and women are created from the same matter, yet there is a world of difference in their build, appearance, looks, character, habits, morals, disposition, etc. If one seeks to recognize God, even this creation provides an excellent example of His supreme power. The wisdom behind the creation of this particular sex is said to be “so that you may find tranquility in them.” If one ponders, it becomes evident that all the requirements of men from women end up drawing peace of mind, tranquility, and comfort. The Quran has put all that in one word. [Shaf’i, Ma’arif al-Quran]

I would like you to go through the valuable answers and links below. You will receive guidance and direction in sha Allah.

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I pray this helps with your question.

[Mawlana] Ilyas Patel
Checked and Approved by Shaykh Faraz Rabbani

Mawlana Ilyas Patel is a traditionally-trained scholar who has studied within UK, India, Pakistan, Syria, Jordan and Turkey.

He started his early education in UK. He went onto complete hifz of Qur’an in India, then enrolled into an Islamic seminary in UK where he studied the secular and Alimiyyah sciences. He then travelled to Karachi, Pakistan.

He has been an Imam in Rep of Ireland for a number of years. He has taught hifz of the Qur’an, Tajwid, Fiqh and many other Islamic sciences to both children and adults onsite and online extensively in UK and Ireland. He was teaching at a local Islamic seminary for 12 years in the UK where he was a librarian and a teacher of Islamic sciences.

He currently resides in UK with his wife. His personal interest is love of books and gardening.