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Coming Home? Legal developments relating to transgender communities and implications for Muslim Family law
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Ali, Shaheen Sardar (2019) Coming Home? Legal developments relating to transgender communities and implications for Muslim Family law. In: Rehman, Javaid and Shahid, Ayesha and Foster, Steve, (eds.) The Asian Yearbook on Human Rights and Humanitarian Law. The Asian Yearbook on Human Rights and Humanitarian Law, 3 . Brill, pp. 3-17. ISBN 9789004401716
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Official URL: https://doi.org/10.1163/9789004401716_002
Abstract
This article interrogates how ‘claims’ based on sexual identities and orientation that were, until recently, neither publicly articulated nor officially accommodated in State law, are raised and dealt with in legislation and case law in Pakistan. Focussing on transgender communities in Pakistan, known variously as ‘hijra’, ‘khusra’ or ‘khwajasara’, it analyses implications of their successful claims for civil and political rights as well as application of family laws to them. Using legislation and case law from Pakistani courts, this article highlights the far-reaching potential for challenging established and entrenched norms in Muslim family law in Pakistan as a result of identity rights accorded to transgender persons. The article calls for a more nuanced interpretation of the formal success of transgender rights arguing that, in practical terms, recognition of their claims may result in rather limited advantages.
| Item Type: | Book Item | ||||||
|---|---|---|---|---|---|---|---|
| Divisions: | Faculty of Social Sciences > School of Law | ||||||
| Series Name: | The Asian Yearbook on Human Rights and Humanitarian Law | ||||||
| Publisher: | Brill | ||||||
| ISBN: | 9789004401716 | ||||||
| Book Title: | The Asian Yearbook on Human Rights and Humanitarian Law | ||||||
| Editor: | Rehman, Javaid and Shahid, Ayesha and Foster, Steve | ||||||
| Official Date: | 11 July 2019 | ||||||
| Dates: |
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| Volume: | 3 | ||||||
| Page Range: | pp. 3-17 | ||||||
| DOI: | 10.1163/9789004401716_002 | ||||||
| Status: | Peer Reviewed | ||||||
| Publication Status: | Published | ||||||
| Access rights to Published version: | Restricted or Subscription Access | ||||||
| Description: | ISSN: 2452-0578 |
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