جستجوی مقالات مرتبط با کلیدواژه « تغییر جنسیت » در نشریات گروه « علوم سیاسی »

LGBTQ rights have increasingly gained importance in an era of globalization and cultural diversity. Human rights are founded on certain principles such as the inherent dignity of humans and the equality of all people. The Universal Declaration of Human Rights and relevant international treaties prohibit all forms of discrimination, e.g., those based on sexual orientation, and emphasize equal rights for everyone. Therefore, the LGBTQ community should have equal rights like everyone else from the perspective of human rights. However, LGBTQ relationships are considered against human nature by Islamic law, which is founded on the ethical precepts and standards of Islam. Accordingly, Islamic law not only opposes such relationships but also rejects the possibility of granting the LGBTQ community equal rights. The discrepancy in the approaches and attitudes of these two legal schools has resulted in major national and international challenges and conflicts over LGBTQ rights. Therefore, this descriptive-analytical study aimed to address the challenges and conflicts between these two legal schools regarding LGBTQ rights. According to the findings, there are significant philosophical and conceptual gaps between Islamic law and human rights, which have led to serious obstacles in this area. Human rights are predicated on equality, whereas Islamic law is based on ethical and religious principles. As a result, Islamic law takes a more pragmatic and realistic view of LGBTQ rights.

Fundamental human rights are at the top of human rights, and governments and international organizations have also emphasized their observance. It is based on this that the approved laws and regulations should be approved around these rights and always consider human dignity and the goals and philosophy of rights (achieving justice and facilitating people's lives).One of the most important rights of every human being is the right to self-determination, which is emphasized by jurisprudence, domestic law and international law. One of the things that mankind has always faced and due to the progress of knowledge and technology, there is a more scientific view of it, is the issue of gender change of transgender people. In fact, science has proven that some people have gender and identity disorders and there is a need to change the current gender through medical surgery. Domestic and international laws and regulations and jurisprudential standards have agreed to this despite the conditions. In the meantime, attention to these rights by every individual and institution as well as in the legal system and judicial procedure is obligatory, and in real, facts should not be sacrificed for credit.

Abstracts: Transgender is one of the emerging issues that the international community is facing and with the advancement of medical science and psychology, it has become more possible to do so. Due to the growing tendency of these people in the four corners of the world to the process of Transgender, this issue has gradually become one of the most important and challenging issues. And it is crossed in mind repeatedly whether this practice is legitimate from the point of view of jurisprudence and sharia or not. There is no material and spiritual harm to explain and describe the issue Transgender and pay attention to human dignity and the principle of freedom, protection of privacy and attention to the rule of no harm and that in Islam. This has led to the expansion of research on Transgender in the world and especially in the Islamic world, and to make the best use of its benefits in performing the best practice. This is in line with the teachings of Islam in terms of principles and principles. The common principles between this universal matter and Islamic teachings are: the principle of freedom, the principle of human dignity, the principle of negation of harm, etc. The purpose of this research is the same approach throughout the Islamic world and the international community. The permission to research in this regard is associated with restrictions that are significant in the Sunni religions and some religions of Christianity. There is

With the advancement of science and technology, new phenomena are emerging every day. These new issues, in turn, lead to new legal issues that have not existed in the past. One of these issues is gender reassignment, which is faced with the lack of prohibition in the Holy Quran and hadiths, as well as the silence of the legislator, but one of the most obvious characteristics of Imami jurisprudence is the ability and talent to participate in all scientific fields and new issues. Contemporary, according to the two principles of dynamism and definite belief in religious texts and sources, have kept the light of jurisprudence on in order to produce and spread the science of jurisprudence. In this article, we will discuss the jurisprudential principles of the legitimacy of gender reassignment and also analyze the effects of the legitimacy of gender reassignment on the legal order of the current issue in Iran.

Gender reassignment is a relatively new topic that can be discussed and analyzed in the fields of Sharia and jurisprudence,medical sciences and ethics,psychology and law.Due to the differential approach of the legislator towards men and women in different chapters of criminal law, there are ambiguities and consequently questions about the effects of gender reassignment in crimes and punishments.To pay wergild. In fact, gender reassignment means the transformation of the sex of a boy into a girl or vice versa as an external and emerging phenomenon that raises many jurisprudential and legal questions.One of the questions raised in this regard is the effect of bisexual change on the payment of blood money.What effect does bisexual change have on the payment of blood money?The present article is a descriptive-analytical study and examines the question using the library method.The results showed that the criterion for receiving wergild is the time of demand.That is, a person who wants wergild, at the time of claiming it, whatever gender he is, the same amount of wergild will be paid.Gender reassignment gives the petition for wergild (the time of claiming wergild).At this time,his ransom will be the ransom of the man.Or if a person is a man at the time of claiming the wergild, then until he receives the wergild, he changes his gender and becomes a woman,the male wergild is paid to him;Because the time of claiming wergild is important and the time of the accident or the time of paying wergild is not the criterion