Volume 6, Issue 3 (2021)                   2021, 6(3): 121-132 | Back to browse issues page

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Abbasian Peraskanloo P, Kaviani Fard H, Shafiei Mazandarani S M. Analytical Study of Quranic and Jurisprudential Arguments of Trans People after Gender Reassignment based on Imam Khomeini's Views. Quran and Medicine 2021; 6 (3) :121-132
URL: http://quranmed.com/article-1-523-en.html
1- PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran
2- Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran , hamid.kaviani.fard@gmail.com
3- Assistant Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Qom Branch, Islamic Azad University, Qom, Iran
Abstract:   (3845 Views)
Purpose: The purpose of this study is to study and explain the rights of trans people after gender reassignment from the perspective of the Qur'an and with emphasis on the jurisprudential ideas of Imam Khomeini. Imam Khomeini (RA) was one of the first contemporary jurists to allow transgender people to change their gender. Transsexual or TS is one of the disorders of sexual identity. Sexual identity disorders are problems that a person has in believing and accepting their own gender, and in fact lives in society with the behavior and social character of the opposite sex. Transgender people are among the last group of sexual disorders, which includes a very small number in any society, and according to statistics, three to four people out of every hundred thousand people are affected by this disease. For example, a person may have male sexual organs while his or her gender personality is female or vice versa. This conflict may be evident in the mind, private behavior, or social behavior. Although these people are allowed to change their gender from a jurisprudential and religious point of view, their rights are very little in Iranian law. Therefore, in this research, an attempt is made to explain the Quranic and jurisprudential arguments of the rights of these people.
Materials and Methods: This research has been carried out by the method of library studies and in a descriptive-analytical manner, which has been obtained and analyzed by referring to the Holy Quran and jurisprudential-legal evidences.
Findings: Although some jurists, citing some verses of the Qur'an, such as لَتَبْدِیلَ لِخَلْقِ اللّه (Romans: 30) have not considered gender reassignment permissible, but attention to other verses of the Holy Qur'an (Hajj / 78, Maeda / 6, Baqara / 185 and 285) It indicates that in the religion of Islam.
Conclusion: there is no haraam ruling, and therefore, if any haraam ruling, despair and hardship is required from any ruling, according to the above verses, this ruling is negative and is useful from the description page, and therefore not changing gender, which is haraji. It is allowed. From Imam Khomeini's point of view, gender reassignment has significant effects on the issue of privacy, guardianship, child custody, inheritance, etc., each of which needs to be explained and studied.

 
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Type of Study: Research | Subject: Special
Received: 2021/06/8 | Accepted: 2021/09/18 | Published: 2021/12/21

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