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

Authors

  • mohammad alqheiwi كلية الحقوق/ جامعة الإسراء

Keywords:

legal effect, gender transfer, civil status

Abstract

This research dealt with the idea of ​​the legal impact of gender reassignment operations on civil status, studying its analysis, and this problem started 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 with the aim of converting 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 the absence of legislative regulation in most Arab countries, including Jordan, and on this basis, I divided the research into three sections, which dealt with in the first section, the nature of gender conversion in Positive law. In the second section, she dealt with the legal regulation of gender transfer in law and Sharia, and in the third section, the concept of civil status and its elements.The researcher used the descriptive analytical method, in order to see the position of the various legal organizations and the position of countries that allow or prohibit gender conversion, and since the Arab trend goes to permitting gender correction and prohibiting gender change.

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

2023-03-30

Issue

Section

Articles