The legal effect of gender reassignment operations on civil status Analytical study

Authors

  • mohammad alqheiwi كلية الحقوق/ جامعة الإسراء

DOI:

https://doi.org/10.35682/jjlps.v15i1.477

Keywords:

legal effect, gender transfer, civil status, sex correction, reasons for conversion

Abstract

This research dealt with the idea of the legal impact of sex reassignment operations on civil status, an analytical study, and this problem began a long time ago, but at the present time this phenomenon has spread very quickly with the development of science, so that these people are performing surgeries in order to change their sex From male to female or from female to male, and all of this has an impact on the civil status of the individual, and in light of the absence of legislative regulation in most Arab countries, including Jordan

   On this basis, I have researched the nature of gender transfer in positive law, the legal organization of gender transfer in law and Sharia, and the concept of civil status and its elements. And I used the descriptive analytical approach, in order to look at the position of the different legal organizations and the position of the countries that allow or prohibit the transfer of sex, and since the Arab approach goes to the permissibility of the correction of the sex and the prohibition of the change of the sex

   The researcher reached the most important result and the most important recommendation:

  • Whereas, Islamic law analyzes sex-correction operations, when the aim is to treat or correct a congenital defect that afflicted a person, after verifying medical reports and the opinion of specialists.
  • The researcher recommends working on the issuance of legal legislation regulating the issue of gender conversion, so that we can technicalize this type and control its spread and control, to be a deterrent to reduce it so that it does not become a phenomenon, because the issue is very dangerous and the impact exceeds the person and reaches the community.

Published

30-03-2023

How to Cite

alqheiwi"محمدا.خ.ع. . (2023). The legal effect of gender reassignment operations on civil status Analytical study. Jordanian Journal of Law and Political Science, 15(1). https://doi.org/10.35682/jjlps.v15i1.477

Issue

Section

Articles