Sexual reassignment operations between medical necessity and legitimate and legal restrictions
A comparative jurisprudential jurisprudence study
The phenomenon of transsexualism has spread in Western societies according to the psychological desire of a person, regardless of his physical structure; The male sexual organs are removed and transformed into an artificial vagina, injected with femininity hormones with femininity, and subjected to cosmetic operations in order to enlarge the breasts. and converting him to the opposite sex, because he believes that his physical sex is completely incompatible with his psychological sex; Therefore, he had to undergo a complex of complex sexual transformation processes..
But in fact, although his outward appearance suggests that he has been sexually transformed, this metamorphosis cannot change his biological makeup; For example, it is impossible for this transgender to reproduce because there is no ovary or uterus and does not menstruate, and the same is true for a transgender woman; It cannot ejaculate like normal men, because of the lack of semen.
The problem that we deduce in this case is the ruling on performing such operations from a jurisprudential and legal point of view, the position of the judiciary on the issue of sexual conversion, and the ruling of the treating physician and the person being treated? Can this transferred person ask the court to allow him to change his gender in which he was recorded in his official papers from male to female or vice versa based on medical reports prepared by specialized experts proving that the gender of this person and his psychological and sexual tendencies are different from those recorded in the civil status records and his members The apparent nationality, so he is asked based on that to change his gender, and to allow him to perform a surgical operation that enables him to change his male sexual organs to female sexual organs or vice versa, especially since the external appearance does not necessarily reflect the gender? He demands what is termed sexual change that is not related to fixing and correcting sex because of his birth of mixed male and female sexual organs due to the presence of the ovary and testicle systems combined.
Rather, this person was born physically healthy as a straight male, or a complete female, but he feels psychologically with a psychological problem that his physical gender does not correspond to what he feels, feels and thinks of, “and this is what makes sexual intersection also different from lesbianism and sodomy, where the person does not claim at all He is not the sex that he is, but feels that he is emotionally and sexually brought on by people who are of his gender.” So, what are the provisions relating to sexual conversion operations in the positive criminal law and Islamic criminal jurisprudence?
.6قائمة المصادر والمراجع:
أحمد محمود سعد: تغيير الجنس بين الحظر والإباحة، أصل الكتاب أطروحة دكتوراه في القانون المدني، مصر، دار النهضة العربية، ط1، 1993/1413هـ، ص138.
علي حسين نجيدة: صور التقدم الطبي وانعكاساتها القانونية في مجال القانون المدني التلقيح الصناعي وتغيير الجنس، مصر، 1990-1991.
أنس محمد إبراهيم بشار: تغيير الجنس وأثره في القانون المدني والفقه الإسلامي، رسالة دكتوراه، مصر، جامعة المنصورة، كلية الحقوق، 1424هــ/2003م.
تشوار الجيلالي: الزواج والطلاق تجاه الاكتشافات الحديثة للعلوم الطبية والبيولوجية، الجزائر، ديوان المطبوعات الجامعية، 2001.
علي علي سليمان: تعليق على حكم في قضية تغيير الجنس، المجلة الجزائرية للعلوم القانونية والاقتصادية والسياسية،1996، ج34، رقم 04.
الشهابي إبراهيم الشرقاوي: تثبيت الجنس وآثاره دراسة مقارنة في الفقه الإسلامي والقانون الوضعي (أصل الكتاب أطروحة دكتوراه) ، مصر، دار الكتب القانونية، 2003.
فواز صالح: جراحة الخنوثة وتغيير الجنس في القانون السوري، سوريا، مجلة جامعة دمشق، المجلد 19، العدد الثاني.
حكم محكمة القضاء الإداري في الدعوى رقم 5432/42ق.
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