JURISPRUDENTIAL AND LEGAL BASES FOR PERMISSION OF GENDER CHANGE

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MIRKHANI EZATT OS SADAAT; MOHAMMAD TAQIZADEH MAHDIYEH

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Journal Paper

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Journal: MEDICAL FIGH QUARTERLY Year:2012 | Volume:3-4 | Issue:9-10 Page(s): 65-99

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Title

JURISPRUDENTIAL AND LEGAL BASES FOR PERMISSION OF GENDER CHANGE

Author(s)

MIRKHANI EZATT OS SADAAT | MOHAMMAD TAQIZADEH MAHDIYEH | Issue Writer Certificate

Keywords

GENDERQ2

GENDER CHANGEQ4

HERMAPHRODITE (BISEXUAL)Q4

GENDER IDENTITY DISORDER (TRANSSEXUAL)Q4

GENDER QUEER (ASEXUAL)Q4

Abstract

Since in the legal system of Islam, part of injunctions pertain to the GENDER of human beings, and in many injunctions such as atonement, inheritance, maturity, guardianship, Hajj pilgrimage, apostasy, etc, one can observe the distinction drawn between the rights of the two GENDERs (male and female – in accordance with their peculiar nature), therefore, proper cognizance of a person’s GENDER as well as personal rights and duties, which fall in the category of the issue of rights, becomes of vital importance in this system.In order to determine this cognizance, the possibility or impossibility of GENDER change should be studied, and in case of issuance of permission by jurisprudents, it is essential to analyze the jurisprudential bases for such a change. Through precise study of jurisprudential injunctions and rules, one can say that the right of GENDER change arises for a person if medical treatment requires such a necessity, or if there is more important factors involved. The jurisprudential and legal injunctions for a person who undergoes GENDER change, depends on determination of that person’s sex identity and the responsibility of the doctor involved, depending on the jurisprudent who issues the relevant edict in this regard.Therefore, since the issue of GENDER change is something new in medicine, the necessity to explain the rights and duties of such persons fall in the purview of our jurisprudence, which means that Shi’ite jurisprudence on which depend the proper administration of the various affairs of life of mankind, should present the appropriate answers to this subject in order to ensure the rights and duties of such persons. Since the bases of discussions should be precise, this research paper focuses on studying the various aspects of this topic.The article, after studying the concept of GENDER change and its types, attempts to analyze the points arising from this discussion within the framework of Ijtehad, according to the Shi’ite School of Islam.

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APA: Copy

MIRKHANI, EZATT OS SADAAT, & MOHAMMAD TAQIZADEH, MAHDIYEH. (2012). JURISPRUDENTIAL AND LEGAL BASES FOR PERMISSION OF GENDER CHANGE. MEDICAL FIGH QUARTERLY, 3-4(9-10), 65-99. SID. https://sid.ir/paper/195141/en

Vancouver: Copy

MIRKHANI EZATT OS SADAAT, MOHAMMAD TAQIZADEH MAHDIYEH. JURISPRUDENTIAL AND LEGAL BASES FOR PERMISSION OF GENDER CHANGE. MEDICAL FIGH QUARTERLY[Internet]. 2012;3-4(9-10):65-99. Available from: https://sid.ir/paper/195141/en

IEEE: Copy

EZATT OS SADAAT MIRKHANI, and MAHDIYEH MOHAMMAD TAQIZADEH, “JURISPRUDENTIAL AND LEGAL BASES FOR PERMISSION OF GENDER CHANGE,” MEDICAL FIGH QUARTERLY, vol. 3-4, no. 9-10, pp. 65–99, 2012, [Online]. Available: https://sid.ir/paper/195141/en

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