Legal Position of Changing Sex in Iranian Law and Common Law System

Subject Areas : All jurisprudential issues

Amir Rezaee Foomani ¹ , Sayed Mohammad Reza Ayati ²

1 - دانش آموخته دکتری دانشگاه آزاد اسلامی، واحد علوم و تحقیقات، رشته‌‌ی حقوق خصوصی، تهران، ایران
2 - استاد دانشگاه آزاد اسلامی، واحد علوم و تحقیقات، گروه فقه و حقوق، تهران، ایران

Received: 2014-11-26 Accepted : 2014-12-31 Published : 2015-01-21

Keywords: Transsexualism, Iranian law, Common Law, If Gal Position,

Abstract :

Transsexualism is one of the most challenging social phenomenon in the world. Some of the people consider it as an abnormal behavior and some of the physicians think of it as a disease that must be cured. There are some methods for its treatment the most important of them is changing sexuality through surgery.Since Law seeks to control the social relations, the position of law as to this problem must become clear. So the vital question is: what is our legal system’s response? In this paper, after difining changing sexuality legally and medically and explaining jurisprudential and legal opinions, I conclude that in Iranian legal system in the case of necessity the judge can permit changing sexuality.