چکیده:
Gender reassignment is defined as 'the conversion of an individual's gender from male to female, from female to male, from neutral to male, from neutral to female, from male to neutral, or from female to neutral,' which in a general definition includes gender reassignment in animals and even plants. Regarding gender reassignment in psychologically neutral individuals (transsexual), there is serious disagreement. Some Shia jurists consider it permissible, whereas all Sunni scholars believe in the prohibition of gender reassignment. Of course, some Shia jurists have also believed in the prohibition of gender reassignment. From the perspective of Shia scholars who believe in the permissibility of gender reassignment, there is no evidence for the prohibition of this emerging phenomenon. One of the most important reasons cited by those who believe in the prohibition of gender reassignment, with reference to verse 119 of Surah An-Nisa, is that changing God's creation is forbidden. By referring to interpretive books, it becomes clear that this verse does not essentially refer to the new discussion of gender reassignment. Others, to prove the prohibition of gender reassignment, have cited verse 49 of Surah Ash-Shura. In response to this argument, it seems that gender reassignment is a possible matter, and if it occurs and the subject changes, the Sharia rulings of the opposite gender will apply to the person. Another reason is the citation of verse 30 of Surah An-Nur, which also does not seem to refer to the prohibition of gender reassignment. From the perspective of Imam Khomeini (may his glory be sanctified) and some other jurists, gender reassignment is not forbidden, but it causes the invalidity of the previous marriage and transforms family titles such as brother, sister, uncle (paternal), aunt (paternal), uncle (maternal), and aunt (maternal), and also the inheritance share of the person who has undergone gender reassignment is based on the new gender.
خلاصه ماشینی:
Among contemporary jurists, Ayatollah Khoei has also denied a third gender for hermaphrodites, believing that: Although in external reality, a third being or gender called a hermaphrodite may be found, the Divine Legislator has not given it validity, and in terms of religious obligation (ta'abbud) and Islamic Sharia, humans are divided into two categories: male and female; therefore, hermaphrodites fall under one of those two sexes, male or female (quoted in: Sadr, 1996, vol.
Most contemporary Shiite jurists believe in its permissibility; such as the Ayatollahs: Imam Khomeini, Mohammad Moemen Qomi, Sayyid Mohsen Kharazi, Mohammad Fazel Lankarani, Yousef Sanei, Hossein-Ali Montazeri, Mohammad-Ebrahim Jannati, Sayyid Abdul-Karim Mousavi Ardebili, Hossein Nouri, Sayyid Ali Khamenei and Sayyid Ali Sistani (see: Khomeini, 1366, vol.
The second Quranic evidence stated to prove the prohibition of gender reassignment Other Shia jurists (Madani Tabrizi, 1418, vol.
Ayatollah Madani Tabrizi, a contemporary Shia Marja' (source of emulation), is the only jurist who, by citing the aforementioned verse, believes in the prohibition of surgical procedures for the purpose of gender reassignment.
Whenever the signs of the opposite sex appear in an individual through surgical operation, gender reassignment has not actually occurred, this act is forbidden (haram), and in terms of religious obligations, the individual retains the ruling they had before the change of external organs (Madani Tabrizi, 1418, vol.
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