Sex change and its provisions in the marriage contract

Abstract

The issue of sex change is one of the new topics that was the result of medical development and the development of surgical operations, as well as the result of some people’s feeling that they belong to the other sex and not accepting their current sex for biological and psychological reasons, so they seek to change their sex to the sex they desire, and the change is either from male to female. Or vice versa, by performing surgical operations where the genital organs are removed and replaced with the genital organs of the sex he desires, as well as giving him hormones specific to the sex he is transformed into, all of which has effects resulting from this change, and among these effects is the marriage contract, If there is a valid and existing marriage, this marriage will be affected by the sex change operation. If the husband changes his sex to female, in this case homosexuality applies to him, and it is not possible to imagine the marital relationship remaining in such a situation. The same is true for the wife who undergoes the sex change surgery. We also cannot imagine the continuation of the marital relationship, and this situation would entail effects such as custody expenses and others. Therefore, we are trying in this regard to shed light on these effects that result from changing the sex, by looking at the concept of this change and the extent of its legitimacy in Islamic jurisprudence, and the extent of It also affects the marriage contract.