The effects of Trans sexuality in crimes and punishments.

Document Type : Research Paper

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Abstract

As the problem of sex reassignment is one of new problems raised in modern time on the one hand and this principle that juristic judgments and legal rules are subject to goods and evils as well as temporal and spatial necessities is an undeniable principle on the other, contemporary jurists have declared their opinions on that problem using dynamic jurisprudence in such a way that even one single jurist could not be found that he has not dealt with it. Despite declaring different verdicts on that on the part of jurists and the considerable number of those who request that, the problem of sex reassignment is not dealt with in the current legal rules in the country. Considering the legal principle that crimes and punishments are to be declared by Law, sex reassignment is not only a crime but a lawful act. In the majority of criminal acts mentioned in the Law, gender plays no role in the process of prosecution and punishment of the accused and the criminal – though in some of them, such as not paying family expenses, gender is the determining fact. Thus, by sex reassignment, punishment would be abolished in some cases

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Jurisprudence the Essentials of the Islamic Law
Volume 46, Issue 2 - Serial Number 2
November 2013
Pages 299-320

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