خلاصة:
Gender reassignment is a process by which a person changes sex– that is, by which female sexual characteristics are substituted for male ones or vice versa due to the bisexuality of some people. Today, in many civilized countries worldwide, in order to remove the ambiguities and sexual disorders of the hermaphrodite, effective and useful medical, biological and psychiatric measures have been taken and continue to be taken. In Iran, the issues and problems of the hermaphrodite or the bisexuals have been raised with a new scientific perspective and the necessary facilities are provided for solving the problems of such people and gender reassignment through surgery, with the permission obtained from of judicial authorities (family court). Gender reassignment will have different legal consequences in varying degrees. In the Iranian legal system, gender reassignment has more individual and social legal consequences, which include the annulment of the marital relationship, the deprivation of the father's right, who has become a woman due to gender reassignment, of guardianship with regard to the ward, the deprivation of custody of children from a transgender parent, the change in the coparcener’s share of inheritance of such persons, and the like. Such legal consequences have a personal and individual aspect, but gender reassignment in Iranian law will also change the social rights of such individuals. For instance, if a man becomes a woman as a result of surgery, the value and validity of his testimony will be half the validity of a man's testimony, or such a person will lose his jurisdiction in the judiciary and will also not be able to become a president or these types of positions will be deprived of the transgender man.
ملخص الجهاز:
In this way, the Iranian Civil Code has followed the views of Islamic jurists regarding inheritance, but in the field of other matters, including marriage and other material, spiritual, and social rights, there is no explicit ruling in the Iranian legal system, and if necessary and in the absence of a legal solution, according to Article 167 of the Constitution, judicial authorities must refer to authentic Islamic sources or valid jurisprudential fatwas in issuing rulings related to the presented lawsuit; however, it seems that currently, for determining the gender of intersex individuals, it is necessary to seek the attention of specialists and experts in the sciences of medicine, biology, psychology, endocrinology and the like, is necessary.
9- Mamsuh and determining the predominant gender: In the Civil Code of Iran and regarding inheritance, there is no explicit ruling in this regard, but perhaps such an individual, in whom neither a male nor a female organ is observed, could be considered in the category of problematic hermaphrodites, and half the inheritance share of a son and half the inheritance share of a daughter could be assigned to them from the relevant class.
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