The ruling on gender reassignment from the perspective of Islamic sharia and Iraqi law an analytical comparative study an extracted research

Volume 3 , Issue 2 , December 2025 , Pages 374-397

Authors

Asst.Prof.Dr. Anwer Abubakr Kareem Karim 1 ; Asst.Prof.Dr. Navid Naghshbandi Naghshbandi 2 ; Yasin Mahmood Mohammed Mohammed 3

1 University of Sulaimani, Faculty of Law

2 University of Kurdistan,Faculty of Humanities and Social Sciences,Department of Shafi`i Jurisprudence

3 Master`s student, Al-Shafi`i Department of Theology and Fiqh

DOI logo 10.17656/11970

Keywords

Abstract

In recent decades, the medical field has witnessed significant advancements, particularly in surgical techniques related to gender correction. These developments have led to a reconsideration of various medical and social issues associated with gender transformation. Additionally, the expansion of communication technologies has contributed to the global spread of this phenomenon, including within Islamic societies. This growing prevalence has prompted scholars in the fields of Sharia and law to examine its various dimensions.Gender transformation procedures can be classified into two main categories. The first consists of gender correction surgeries for medical reasons, which aim to address congenital anomalies and achieve alignment between an individual’s biological structure and gender identity. The second type involves gender transformation surgeries without medical necessity, conducted solely based on personal desires without substantiated medical justifications.In this context, there has been a growing need to address this phenomenon through a comprehensive approach that considers legislative and regulatory aspects defining its legal and medical frameworks while also taking into account the associated social and psychological dimensions. Some legal systems have tackled this issue by establishing standards to regulate these procedures, whether in determining cases that warrant medical intervention or ensuring oversight of the institutions responsible for performing such operations.Accordingly, addressing this phenomenon requires the development of policies and legislation that prevent the misuse of medical advancements for illegitimate purposes while also providing solutions that align with public health requirements and societal balance. Furthermore, the necessity of setting clear standards to govern these procedures and establish regulatory frameworks remains a crucial issue requiring continuous research to ensure that this phenomenon is managed based on well-founded scientific principles.Some legislative frameworks have addressed this matter, as it was explicitly referenced in the amended Iraqi Anti-Prostitution Law of 2024, highlighting the need for its regulation within well-defined legal parameters.Thus, gender transformation remains a controversial issue that necessitates further research and study to ensure that regulatory frameworks align with medical and scientific advancements while maintaining a balance between legislative and ethical considerations on the one hand and the evolving medical and social landscape on the other

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  • First online29 December 2025
  • Published at29 December 2025

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