چکیده:
With the acceptance and legitimacy of sex change surgery in various legal systems, the effect of sex change on the marriage contract of an individual after the sex change of either spouse or both spouses is one of the most important issues that jurists and legal scholars have addressed. Whether the marriage contract remains valid after sex change is the most important question that experts in various legal systems have tried to answer. In some cases, such as the sex change of one of the spouses or the sex change of both spouses at different times, jurists unanimously believe in the dissolution of the marriage; while in other cases, such as the simultaneous sex change of both spouses, there is disagreement about the dissolution or validity of the marriage contract. In Britain, the common law system under the Gender Recognition Act requires individuals who have undergone sex change to annul their marriage contract within six months for their gender to be recognized. However, in some states of America, sex change does not lead to the annulment or invalidity of the marriage. This paper attempts to address the subject and nature of the issue, state its jurisprudential and legal rulings, and express various viewpoints in this regard in Islamic jurisprudence and the common law system.
خلاصه ماشینی:
In Britain, the common law system under the Gender Recognition Act requires individuals who have undergone sex change to annul their marriage contract within six months for their gender to be recognized.
Determining the status of the marriage contract after sex change has attracted the attention of contemporary jurists, and writings have been devoted to expressing and collecting the opinions of jurists on this subject; however, an issue that has not been addressed so far is the failure to address this issue because the difference between the two groups of individuals who undergo sex change has not been taken into account; while sex change, in the specific sense of the word, applies only to transsexual individuals, and intersex individuals undergo surgery to determine their gender, and the marital status of each group must be examined separately and with reference to civil law.
In the following, and initially, the opinion of jurists in this regard will be stated, and the type of legal ruling that applies to the marriage contract of individuals who have undergone sex change will be studied, and finally, the way the common law system deals with this issue will be examined.
633), only real sex change causes the dissolution of the marriage contract, and superficial sex change, although permissible in cases of necessity, is not considered by this group of jurists to determine gender based on the genitals, and superficial sex change cannot create the genitals in a real form, therefore, according to the principle of presumption, the effects of the previous gender still apply to the transsexual individual.
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