Volume 17, Issue 58 (4-2023)
MLJ 2023, 17(58): 325-341 |
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Ghadiri M, Roshan M, SaeedArab H R. Jurisprudence and Legal Discourse About
Subjectology of Transsexual’s Gender. MLJ 2023; 17 (58) :325-341
URL: http://ijmedicallaw.ir/article-1-1594-en.html
URL: http://ijmedicallaw.ir/article-1-1594-en.html
1- Family Research Institute, Shahid Beheshti University, Tehran, Iran.
Abstract:
Background and Aim: Since the first fatwa on the permission to reassign the sex of transsexuals, the legislator still has not had a clear approach regarding the situation of transsexuals. The "family protection act" considered sex reassignment surgery as the criteria to identify transsexuals. However, the "protection of children and juveniles act" considered sexual identity disorder as the criteria. Nonetheless, it seems those insufficient and inefficient approaches are caused by the lack of efficient theorizing. On the one hand, efficient theorizing depends on correct thematic analysis and on the other hand, the correctness of the thematic analysis depends on finding valid references and making accurate criteria for identifying the issue. Therefore, the first step in theorizing and passing this legal challenge is the thematic evaluation of the gender of transsexuals.
Methods: The research method is descriptive-analytical and data collection has been done in a library.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The criterion of Muslim scholars of Islamic jurisprudence for gender subjectology has been the apparent gender (especially sex organs) and the reference for gender identification has been considered common sense. On the contrary, the new approach emphasizes gender identity and the opinion of gender experts for identifying transsexuals' gender.
Conclusion: The criterion of gender identity, in addition to being efficient in identifying transsexuals and separating them from other similar conditions, is free of abstractions due to specialized accuracy and therefore can help the legislator in solving legal gaps and adopting a clear approach in identifying transsexuals. From the point of view of jurisprudence, it is possible to accept this approach by using the capacities of dynamic jurisprudence and pass dogmatism and static thematic.
Please cite this article as:
Ghadiri M, Roshan M, SaeedArab HR. Jurisprudence and Legal Discourse About Subjectology of Transsexual’s Gender. Medical Law Journal. 2023; 17(58): e23.
Methods: The research method is descriptive-analytical and data collection has been done in a library.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Results: The criterion of Muslim scholars of Islamic jurisprudence for gender subjectology has been the apparent gender (especially sex organs) and the reference for gender identification has been considered common sense. On the contrary, the new approach emphasizes gender identity and the opinion of gender experts for identifying transsexuals' gender.
Conclusion: The criterion of gender identity, in addition to being efficient in identifying transsexuals and separating them from other similar conditions, is free of abstractions due to specialized accuracy and therefore can help the legislator in solving legal gaps and adopting a clear approach in identifying transsexuals. From the point of view of jurisprudence, it is possible to accept this approach by using the capacities of dynamic jurisprudence and pass dogmatism and static thematic.
Please cite this article as:
Ghadiri M, Roshan M, SaeedArab HR. Jurisprudence and Legal Discourse About Subjectology of Transsexual’s Gender. Medical Law Journal. 2023; 17(58): e23.
Type of Study: Original Article |
Received: 2023/01/19 | Accepted: 2023/04/20
Received: 2023/01/19 | Accepted: 2023/04/20
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