What has been discussed so far regarding gender change is, in the true sense, solid and unquestionable; however, it must be said: What is happening in the studies of this matter, in the external sense, is “gender elimination” not “gender change”; therefore, even if we believe that gender change is permissible, the events that are happening in the medical world today are nothing but castration and sterilization and the emptying of the apparent gender identity of individuals.

Dr. Azam Khush Surat Muffaq has a diverse field of study; but in recent years, he has focused more on the issue of women and the family, and has become more interested in the issue of trans people and gender change. Writing articles such as “A Legal Jurisprudential Study of the Effects of Gender Reassignment on the Financial Rights of the Wife” and “Comparison of Islamic Lifestyles in Individuals with and without Gender Dysphoria” is a result of his concern in this area. For several years, he has formed a scientific circle consisting of scholars of jurisprudence, religions, psychology, etc. to study the problems of gender dysphoria. He, who received his doctorate in comparative religious studies, believes that what is termed in the West is “gender redefinition” and not “gender reassignment.”In his opinion, many scholars have not yet conducted a detailed study of trans people, and some of the rulings they believe are due to ignorance of the precise definition of trans. We talked to her about what gender reassignment is and its jurisprudential dimensions. The details of the exclusive conversation on contemporary jurisprudence with this member of the faculty of the Women and Family at the University of Religions are as follows:

Contemporary Jurisprudence: Is the interaction of jurisprudence with homosexuality a moral deviation or a disease?

Mrs. Khush Surat: It should be noted that before entering the discussion of gender reassignment, a precise and scientific conceptualization of the terms in this field is considered a necessity and priority. Homosexuality is considered a sexual disorder, including lesbian and gay relationships, which have a clear status in the religious paradigm in terms of jurisprudential and moral rulings and are distinct from the concept of trans.

If you mean trans, it should be said that it is not considered a deviation and is not even considered a disorder according to the 5th version of the American DSM (Diagnostic and Statistical Manual of Psychiatric Disorders), which is a diagnostic and statistical guide to mental disorders. However, whether the standards and identification of disorders by an American Psychiatric Association are the criteria for our knowledge or not is a detailed topic that can be discussed in detail in the field of psychology; In a way, studying the process of different versions of this source reveals the meaningful and intelligent political developments of the Western system, which has been and is a place of reflection for researchers in this field.

Basically, trans refers to someone who has a clear gender physically and, like hermaphrodite or neutral, there is no ambiguity in their sexual structure, such that no trace of abnormality or disorder in the chromosomes of the cell or even disorder in the number of chromosomes is found in karyotype tests; however, the person is psychologically disgusted with their current gender and is interested in the opposite gender of their body, to the point that this incident causes them severe pain.

Contemporary Jurisprudence: What is the jurisprudential ruling on gender change? Is this subject to necessity or will it be permissible without necessity?

Mrs. Khush Surat: Regarding the mandatory ruling on gender reassignment, there have been various opinions from jurists regarding the evidence presented; therefore, the arguments of those in favor and those opposed to gender reassignment can be examined independently. However, what is being discussed in both categories of evidence is the issuance of a ruling based on the primary ruling and away from the urgency or conditions of the secondary ruling. Sometimes, the questioner even assumes the question is based on the secondary ruling and outlines the conditions in which, if the person does not enter the gender reassignment process, the possibility of suicide or any unreasonable action is assumed for him, but in response to the question, the fatwa is issued as a primary ruling and with clarification on it. The important point is that regardless of the ruling issued in the two perspectives and assuming the issuance of a permissive ruling, which is often attributed to the Imam (‘a), recognizing the issue and focusing on it, although it is not the responsibility of the jurist or his duty, is of utmost importance. Perhaps before the arrival of modernity and its requirements, understanding the issues was not difficult due to their simplicity; but now that complex issues are in different variables to give themselves a meaning, understanding the multidimensional issue seems essential in understanding the ruling and getting out of bewilderment and confusion.

Certainly, the issue of gender reassignment is one of these types of issues worthy of study, given its very important medical aspects and family functions, as well as its psychological and even social aspects.

What has been discussed so far regarding gender reassignment is, in the true sense, solid and unquestionable; however, it must be said: what is happening in the studies of this matter, in the external sense, is “gender removal” and not “gender change.” Therefore, even if we believe that gender reassignment is permissible, the events that are happening today in the medical world are nothing but castration, sterilization, and the emptying of individuals’ apparent gender identity.

Interestingly, the term gender reassignment in its origin, namely Europe, is not “change” as we understand it; therefore, in Europe itself, the term gender reassignment or sex reassignment is used in the sense of redefinition, not sex change in the sense of change!

Perhaps if the field of human knowledge were to expand to the point where, apart from emptying the sexual organs, it succeeded in transplanting organs along with their original functions, it could be claimed that, based on the arguments of those in favor, a ruling on the permission of gender reassignment could be issued; But at present, such a claim seems difficult to make.

Contemporary Jurisprudence: Is the way to deal with gender dysphoria the prescription of homosexuality or the prescription and even the obligation to change gender?

Mrs. Khush Surat: Legal confrontation is shaped in the policy structure of each country in accordance with the theology and ideology of that country. In some countries, such as Canada, based on a structured understanding of the problem of trans people (I emphasize trans people, not homosexuals), the solution to the problem is to accept a third gender, meaning that trans people are recognized with this identity; therefore, without entering the process of changing gender, they can legally be present in society as a trans person. Perhaps it can be said that this prescription in our religious paradigm is the prescription of lesbian and gay relationships!

But in the policy-making and legal system of no Islamic country, such provisions are not seen; Therefore, it is clear that homosexuality is a red line and within the limits of legal, moral, and religious prohibitions; but the requirement to change gender, given its actual lack of fulfillment, is also a matter of reflection!

Contemporary Jurisprudence: Do you have any final points or words?

Mrs. Khush Surat: It seems that policymakers need to think of measures that, in addition to overseeing the management of treatment and resolving the current problems of trans people, also include serious programs on their agenda for prevention. Understanding the factors that cause and the context of this phenomenon will definitely play a significant role in treatment or prevention.

If families with trans children know what harm their children’s exclusion from the family environment causes to them and to society, or if our educators, teachers, and instructors at various levels of education are familiar with the factors and symptoms of this issue, and if the media realizes the level of its extensive influence in the products it presents and, whether intentionally or unintentionally, not only does it not contribute to it but also thinks about preventing this trend, and if more attention is paid to monitoring the publications of this Islamic society, and if consultants, judges, and doctors are more vigilant than before, and if the policy-making institution includes educational and skill programs specifically for this affected group in the scope of its support mandate, and if a broad and deep level of enlightenment and awareness is carried out to the general public about the effects and harms of this trend, and if the scattered islands of concern in this field think around a table about cooperation and synergy, and if the paths taken by the Western world in terms of harms and the expression of the dangers and challenges encountered or the successes in this field of scientific study, if the pains of this group are heard before or after the action, and thousands of other ifs, we can hope that this process will be successfully concluded on the path of Islamic management.

Transgender people are the children of this land who, according to the law of humanity and Islam, deserve scholarly attention and a scholarly solution to their problem. Jurisprudence and jurisprudents are not responsible for solving this matter alone!