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Egypt can be considered as the most knowledgeable country in the region with regard to law, policy, religious opinions, and judicial case law pertaining to transgender individuals. These issues encompass gender-affirming healthcare, legal recognition of gender, right to education, and criminalization. However, this does not imply that Egypt is progressive in terms of transgender rights. On the contrary, transgender individuals face increased restrictions on their human rights in Egypt. The country employs laws associated with morality and anti-sex work to criminalize gender nonconformity. Islamic religious opinions influence both policies on gender-affirming healthcare and legal recognition of gender. Consequently, access to gender-affirming healthcare is severely limited due to a prohibition on doctors providing such services.

The process of legally recognizing one’s gender is arbitrary and can be achieved through an administrative procedure. Nevertheless, if the application is rejected, transgender individuals have no choice but to seek recourse in administrative courts, which have a mixed track record in handling transgender cases and predominantly reject requests for legal recognition of gender based on sharia law. Despite these challenges, Egypt is the only country in the region with case law that guarantees fundamental constitutional human rights for transgender individuals. This landmark ruling was issued by the Supreme Court in 2006 to a transwoman who successfully changed her documents and legally became a woman.

De-facto: While Egypt does not have specific laws criminalizing social, medical, or surgical transition, gender nonconformity is effectively criminalized due to the enforcement of the following laws:

Punishment by imprisonment for a period ranging from three months to three years, as well as a fine ranging from 25 LE to 300 LE in the Egyptian administration, and from 250 Lira to 3000 Lira in the Syrian administration, is applicable in the following cases: (c) Individuals who engage in debauchery or prostitution on a habitual basis.

Article (25) Anyone who infringes a family principle or value of the Egyptian society, encroaches on privacy, sends many emails to a certain person without obtaining his/her consent, provides personal data to an e-system or website for promoting commodities or services without getting the approval thereof, or publishes, via the information network or by any means of information technology, information, news, images or the like, which infringes the privacy of any person involuntarily, whether the published information is true or false, shall be punishable by imprisonment for no less than six months and a fine of no less than fifty thousand Egyptian Pounds and no more than one hundred thousand Egyptian Pounds, or by one of these two penalties.

Article (27) In cases other than those stipulated herein, anyone who creates, manages, or uses a website or a private account on the information network for the purpose of committing or facilitating a punishable crime shall be punishable by imprisonment for no less than two years and a fine of no less than one hundred thousand Egyptian Pounds and no more than three hundred thousand Egyptian Pounds, or by one of these two penalties.

Egypt actively utilizes the aforementioned legal provisions and other related statutes to condemn non-binary gender expression. Below are a few instances exemplifying the persecution of transgender individuals:

While administrative processes exist to rectify personal information in the civil registry, there is a lack of a comprehensive legal framework for the recognition of legal gender. This has resulted in a diverse and occasionally inconsistent body of case law on the subject.

However, it is worth noting that the legal gender recognition process for transgender individuals is not explicitly addressed in the aforementioned law. Consequently, this can result in significant arbitrariness and a lack of guarantee for successful outcomes for transgender individuals. In cases where the initial request is not successful, the applicant is required to undergo a judicial review process within the administrative courts.

Restricted, explicit criminalization: The provision of gender affirming care is explicitly restricted by the medical code of ethics of 2003. This code established a sex correction committee with the purpose of reviewing cases of individuals seeking to change their gender. The committee comprises medical experts and a representative of Egypt’s Islamic authorities (Dar Alifta or Al-Azhar) in order to ensure that only cases conforming to the Islamic understanding of these treatments, i.e., only intersex individuals and not transgender individuals, are approved. Over the years, the medical members of the committee advocated for the inclusion of gender identity disorder (GID) as a valid reason for approving cases, but their religious counterpart opposed this. Although a few cases were accepted based on GID in 2013, the committee currently only accepts intersex cases.

Doctors who offer gender-affirming healthcare to transgender individuals may face professional disciplinary measures and potential criminal prosecution.

Doctors are unequivocally prohibited from performing sex reassignment surgeries. Gender correction procedures are exclusively permissible upon obtaining approval from the review committee within the Syndicate. Surgical interventions will solely be carried out subsequent to a comprehensive assessment, which includes a two-year psychiatric evaluation and hormonal treatment, as well as a thorough examination of the applicant’s hormones and chromosomal map.

Whoever causes, by mistake, the occurrence of a wound or harm to a person as a result of neglect, imprudence, carelessness, or nonobservance of the laws, decrees, regulations, and systems, shall be punished with detention for a period not exceeding one year and a fine not exceeding two hundred pounds, or either penalty. The penalty shall be detention for a period not exceeding two years and a fine not exceeding three hundred pounds, or either penalty, if the injury results in a permanent disability or if the crime occurs as a result of the felon’s gross breach of duties imposed by the norms of his position, profession, or trade, or as a consequence of using liquors or narcotics when preparing the error that resulted in the accident, or by refraining from helping the victim of the crime or the person who asked for his assistance, although he was able to extend help. The penalty shall be detention if the crime results in injuring more than three persons. If another condition of those prescribed in the previous clause is established to exist, the penalty shall be detention for a period of not less than one year and not more than five.

Egyptian Islamic authorities have issued numerous Fatwas (religious edicts) pertaining to matters concerning transgender individuals, commencing in 1981. These Fatwas exhibit a consistent line of reasoning, stipulating that surgical interventions should only be permissible for individuals who are intersex, as such individuals possess a biological imperative for such procedures. Conversely, transgender individuals are deemed to be afflicted with a psychological disorder, thus necessitating therapy rather than surgical intervention as a course of treatment. The following examples serve as illustrative instances of these Fatwas:

Sally Mursi, a former medical student at Al-Azhar Medical School, faced significant obstacles upon her transition. Al-Azhar, perceiving her transition as a transgression, declined her readmission. Moreover, Al-Azhar’s gender segregation policy inherently precluded Sally’s recognition as a woman, a stance zealously upheld by the university officials. Consequently, Sally was left with no recourse but to initiate an arduous legal battle in order to secure her right to education. This protracted legal struggle spanned a duration of 18 years, encompassing four principal phases of litigation.

Ultimately, the Supreme Administrative Court of Egypt rendered a verdict compelling Al-Azhar to reinstate Sally. The court based its decision on the grounds that Sally, having legally obtained female status, merited the same constitutional rights as any other female citizen. Among these rights was the fundamental entitlement to education, a prerogative that could not be impeded by any entity within the country.

Egypt implements compulsory military service for individuals registered as male on their official identification documents and who are over the age of 18. However, transgender individuals are exempted from this service due to their classification as “people with severe personality disorder,” which entitles them to a medical exemption based on their condition.


Case No. 1487/54 – Egypt

Litigation Degree: Second
Case No: 1487/54 JY
Issuing Court: Administrative Court
Judgment: Unfavorable, the Court affirmed Al-Azhar University to not readmit the plaintiff into it.
Subject: Right to Education to Transgender People after Obtaining Legal Gender Recognition
Judgment Date: 20/06/2000

Appeal against Previous Judgment No. 1487/54 JY – Egypt

Litigation Degree: Second
Case No: Appeal Case No 1487/54 JY
Issuing Court: Supreme Administrative Court
Judgment: Favorable, the plaintiff was readmitted to Al-Azhar University  
Subject: Right to Education to Transgender People after Obtaining Legal Gender Recognition
Judgment Date: 2006

 

Case No. 4019/50 JY – Egypt

Litigation Degree: Second
Case No: 4019/50 JY
Issuing Court: Supreme Administrative Court
Judgement: Favorable, the plaintiff was readmitted to Al-Azhar University  
Subject: Right to Education to Transgender People after Obtaining Legal Gender Recognition 
Judgement Date: 28/09/1999

 

Case No. 1988/21 – Egypt

Litigation Degree: Second
Case No: 21/1988
Issuing Court: Court of Appeals 
Judgment: Acquittal of Doctors 
Subject: Criminal Liability of Doctors Providing Gender-affirming Healthcare
Judgment Date: 07/12/1988

Case No 5432/42 JY – Egypt

Litigation Degree: First
Case No: 5432/42 JY
Issuing Court: Administrative Court
Judgment: Favorable, the plaintiff was readmitted to Al-Azhar University  
Subject: Right to Education to Transgender People after Obtaining Legal Gender Recognition 
Judgment Date: 02/07/1991

Fatwa 1288 – Egypt

Fatwa Number: 1288/1981
Issuing Date: Sha’ban 1401 H – 27th of July 1981 AC
Mufti: Shiekh Gad Al-Haq
Issuing Authority: Egyptian Dar Al-Ifta – Al-Azhar
Question: On a request sent from Mr. As A. from Malaysia, which includes that The Islamic Center of Research in Malaysia has asked him for a report on the Islamic Sharia law for performing surgery to turn a man into a woman and similar topics. And showing if there are law and jurisprudence texts to support that. The requester asked for a lawful verdict on that topic so that it could be sent to the Malaysian government.
Fiqh Rule: Performing surgery to turn a man into a woman or vice versa when it is used to show an existing organ that is hidden, which is not allowed based on just the desire to change.

Fatwa 953 – Egypt

Fatwa Number: 953/1997
Issuing Date: May 1997
Mufti: Shiekh Atya Saqar
Issuing Authority: Egyptian Dar Al-Ifta
Question: What does religion think about what has spread and what is spreading of some people turning from one sex to another using medical treatment and surgeries?
Fiqh Rule: Surgeries are permitted for those with ambiguous sex (intersex), and it is an obligation in this case, once confirmed by a trusted doctor. It is forbidden for just a desire to change sex from female to male or from male to female (gender identity disorder- transgender).

Fatwa Shiekh Ali Gomaa – Egypt

Issuing Date: 07/11/2016
Mufti: Shiekh Ali Gomaa
Issuing Authority: Al-Azhar
Question: There has been a lot of discussion in various media outlets about a condition known as Gender Identity Disorder. Many individuals have come forward, claiming to suffer greatly and lead unhappy lives due to this condition.
Fiqh Rule: Surgeries are only permitted in cases diagnosed as Khuntha (Intersex) and are not allowed in cases of mental illness such as gender identity disorder.

Fatwa Shiekh Mohamed Sayed Al Tantawi – Egypt

Issuing Date: 08/06/1988
Mufti: Shiekh Mohamed Sayed Al Tantawi
Issuing Authority: Al-Azhar
Question: What is the opinion of religion on the matter of a student of medicine at the al-Azhar university, who has been subjected to a surgical operation (removing his male organs) in order to turn him into a girl?
Fiqh Rule: Surgeries are permitted for those with ambiguous sex (intersex) and its an obligation in this case, once confirmed by a trusted doctor. It is forbidden for just a desire to change sex from female to male or from male to female (gender identity disorder- transgender).