التحول الجنسي وأثره على أحكام الزواج في ضوء الفقه الإسلامي: دراسة استقرائية تحليلية Gender Transition and Its Impact on Marriage Rulings in Light of Islamic Jurisprudence: An Analytical and Inductive Study

Abstract

Wedding ceremonies are always conducted between a man and a woman, who are considered as complementary garments for each other, as Allah the Almighty said: "They are clothing for you and you are clothing for them". In our present era, the issue of gender transition has become widespread in the world to a large extent, to the extent that it is no longer just a treatment for correcting one's gender, but it has become a means for gender transition simply out of the desire for a change in gender. A man or a woman may feel that their gender does not align with their nature, which pushes them towards gender transition. When gender reassignment surgery is performed to change to the opposite sex, problems arise regarding marriage and matrimony. For example, if a woman transitions her gender to a man, is it permissible for him to marry another woman now that he has become a man? Similarly, if a man transitions his biological sex to a woman, is she allowed to marry another man now that she has become a woman after the gender transition? Furthermore, does the marriage contract remain valid between the spouses if one of them transitions their biological sex to another gender? Also, will the right to maintenance continue? What is the ruling regarding her residence in the event of a gender change? These jurisprudential questions require us to search for answers. As for this study, it will attempt to find answers to the questions raised by choosing the inductive and analytical approach.