By Hossein Alizadeh, IGLHRC, Guest Contributor, 21.11.2011

The most outspoken advocate for the Transgender community in Iran has published  a new book on Legal and Religious rules governing Iranian transgender community. The book, "Sex Change, From Legal and Islamic Jurisprudence Perspective" is authored by a Shiitte Clergyman, Hojatol-Islam Dr. Mohammad Mahdi Karimi Nia, who is the Research Director of the Law and Islamic Jurisprudence Center at the Qum Seminary, the most prestigious religious school in Shitte Islam.

The 480 page book is mostly based on Dr. Kariminia's research for his PhD thesis on religious rulings on transgenders in Shiitte Islam.  Dr. Kariminia is one of the most outspoken advocates for transgender community in Iran, who has used his religious and academic status to educate fellow Shiitte clergymen about concept of transgender and their rights.

The book documents 250 questions and answers between various Shitte clergymen and their followers on various aspects of transgender's status in Islam. As Mr. Kariminia says, the first religious Fatwa on sex change was issued some 45 years ago by the late Ayatolllah Khomieni, who as the leader of Iran in 1985 issued a Fatwa (religious ruling), legalizing the sex reassignment procedure. According to the book, so far, 10 high-ranking Shiittee Clergymen issued similar fatwas in support of sex reassignment surgery.  These fatwas allowed the Iranian government- including the Justice Department, The Legal Medicine Organization, and the State Welfare Organization- to recognize and support transgender community through the sex-reassignment process.

Dr Kariminia's research indicates that the first documented case of sex-reassignment in Iran took place some 81 years ago, back in 1927, when a doctor by the name of Khalatbari performed a surgery on an 18-year-old man. "The surgery was successful and the patient adopted a female name "Kobra", at the end of the process."

The author of the book argues that in Shiitte Islam, "undergoing sex reassignment surgery" is not a religious requirement for transgender individuals, but if they feel that they have to go through this process, "there is nothing in Islam that bans it."  The book discusses in great detail the legal and religious rights of transgender individuals, in relation to their spouse, their siblings, their parents and their children. Issues such as inheritance, child custody, and marriage for transgenders is fully in this book.

Given the structure of the Shiitte Islam, the findings of this book can be used as a valuable advocacy tool in other countries with sizable Shiite population, including Iraq, Bahrain, Lebanon, Pakistan, and Kuwait.

 

The Book is available in Persian and can be ordered from its publisher,

"The Jurisprudence Center of Pure Imams" (http://markazfeqhi.com/ )

Hossein Alizadeh is the Middle East and North Africa Program Coordinator at the International Gay and Lesbian Human Rights Commission (IGLHRC).