تغيير الجنس : دراسة فقهية قانونية مقارنة

الملخص EN

This study addresses the transsexual concept as new phenomenon, which have emerged with development of medical technology and its applications to humans, so it is important to distinguish whether transsexual occurs for a mere desire or for organic reasons that the hermaphrodite suffers from.

The significance of this study arises as the transsexual goes further that the person who changes his sex demands access to all rights enjoyed by normal people in the same sex in which he has been transferred, the thing that contradicts with many legal provisions and principles, therefore, many Problems have been raised, some of which related to the consequences of the transsexual in all respects such as the matter of legal position and the previous relationships if the person who changed his gender was married, what will their marriage end to? Will surgical intervention be a legitimate medical treatment to eliminate the patient’s psychological pains, which he allegedly suffers from? Is it possible to consider the patient consent only to infringe the integrity of his body and change his gender in response to his desire, amid the absence of legal provisions governing such matter? What is the position of the different legal systems on the issue of transsexual? Is surgical intervention of physicians on those who desire to change their sex a medical necessity that protects such physicians from responsibility? In order to answer these questions, it is important to be familiar to all transsexual aspects.

Given the lack of legal and scientific research conducted in this area, I adopt the comparative analytical methodology of all legal and legitimate aspects to help conducting this study by shedding the light on the legislations of the States that have organized provisions that are in line with our legislations and find out what other provisions have been organized in this regard.

This study came out to a number of results, the most important of which is that changing sex is legally admissible when the sex is changed to its natural course, in contrast with changing sex for mere desire, which is legally prohibited.

Transsexual of one of the married couple shall terminate the marriage bond, as they both become of the same sex.

The patient satisfaction with sex transfer for mere desire, while all his vitals are stable, is negligible.

The surgical intervention by physicians to transfer the sex of a person, whose genitals are stable, for mere desire, shall not exempt such physicians from responsibility.