The Legal Effects of Sex Change on Marriage based on the Islamic Jurisprudence and Common Law

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SAFARI MOHSEN; AMIR SHAHKARAMI SEYED MEHRDAD

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Paper Information

Journal: COMPARATIVE LAW REVIEW Year:2018 | Volume:9 | Issue:1 Page(s): 285-308

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Information Journal Paper

Title

The Legal Effects of Sex Change on Marriage based on the Islamic Jurisprudence and Common Law

Author(s)

SAFARI MOHSEN | AMIR SHAHKARAMI SEYED MEHRDAD | Issue Writer Certificate

Keywords

TranssexualQ1

HermaphroditeQ1

Gender IdentityQ1

Gender Recognition ActQ1

Gender Recognition CertificateQ1

Abstract

Soon after the acceptance and legalization of Transsexual surgery, Transsexuals' stability of marriage turns into a concern for both jurists and judges. Whether their marriage remains stable after surgery is a question which is still left unanswered. In cases when only one of the couples undergoes the surgery, marriage is generally believed to be abrogated, but in other cases when both partners do the surgery simultaneously, there are disagreements in verdicts. Based on the British common law system the Transsexual partner is obliged to abrogate the marriage for six months until his or her gender is identified. In the United States however, no ban is imposed on marriage in such cases. The present paper aims to discuss the current ideas in this regard and survey the fact in common law and Islamic perspective.

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APA: Copy

SAFARI, MOHSEN, & AMIR SHAHKARAMI, SEYED MEHRDAD. (2018). The Legal Effects of Sex Change on Marriage based on the Islamic Jurisprudence and Common Law. COMPARATIVE LAW REVIEW, 9(1 ), 285-308. SID. https://sid.ir/paper/246319/en

Vancouver: Copy

SAFARI MOHSEN, AMIR SHAHKARAMI SEYED MEHRDAD. The Legal Effects of Sex Change on Marriage based on the Islamic Jurisprudence and Common Law. COMPARATIVE LAW REVIEW[Internet]. 2018;9(1 ):285-308. Available from: https://sid.ir/paper/246319/en

IEEE: Copy

MOHSEN SAFARI, and SEYED MEHRDAD AMIR SHAHKARAMI, “The Legal Effects of Sex Change on Marriage based on the Islamic Jurisprudence and Common Law,” COMPARATIVE LAW REVIEW, vol. 9, no. 1 , pp. 285–308, 2018, [Online]. Available: https://sid.ir/paper/246319/en

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