Gender Confirmation in Islam: Religious Perspectives and Comparison of Laws in Islamic Countries

Gender confirmation is a very complex and sensitive issue that has received increasing attention in recent years. This topic has various religious, legal, and social aspects. Gender confirmation is forbidden or faces significant restrictions in many religions and some countries. Islam, as the most complete divine religion, has specific laws regarding this procedure, and individuals can undergo it if they meet the necessary conditions. What exactly is the religious view on gender confirmation in Iran and other Islamic countries? Under what conditions is gender confirmation considered permissible (Shar'i) and legal in Iran? Stay with us to fully familiarize yourself with the answers to these questions.

Understanding the Concept of Gender Confirmation in Islam

To accurately and fully examine the view of Islam on gender confirmation, we must distinguish between two different concepts: Sex Correction and Gender Reassignment.



Sex Correction

This type of transition is specific to those who, from birth, face problems of gender ambiguity or duality (intersex) due to genetic and physical conditions. In this case, the individual has both male and female characteristics simultaneously. Consequently, doctors determine their true sex through hormonal and genetic tests and careful examinations. From a jurisprudential (Fiqhi) perspective, this type of procedure is accepted by most jurists because it is a type of determination of true identity and does not interfere with the original creation.

Elective Gender Confirmation (Gender Reassignment)

This type of transition is specific to individuals who are not psychologically aligned with their gender identity. In fact, the individual feels incongruence with their physical body and psychologically considers themselves to be the other sex. For example, a person with a female body has male feelings and characteristics, and vice versa. This type of surgery must be performed after specialized counseling sessions, psychiatrist approval, and necessary medical examinations. There is a disagreement among jurists in many Islamic countries over the religious decree (fatwa) regarding this type of gender reassignment. Many jurists oppose it and consider it a distortion of God's creation.

Gender Confirmation in the Quran and Hadiths

There is no direct mention of gender confirmation surgery in the Quran and Hadiths. However, jurists use analogy (Qiyas), independent reasoning (Ijtihad), and jurisprudential arguments to analyze it. Based on this, individuals who are intersex from birth and have gender ambiguity can undergo gender confirmation and attain their true identity. Jurists believe that the creation will not be distorted in this procedure.

The issue is different for transsexual individuals or those who are psychologically different from their gender identity. Some jurists agree with it, and others oppose it. Some jurists believe that based on the argument that this mismatch between gender identity and the physical body causes severe social and psychological suffering and problems, correcting it leads to psychological peace and harmony with physical and psychological reality.

Fatwas and Jurisprudential Views on Gender Confirmation

Islamic jurisprudential views and fatwas differ between the Shia and Sunni perspectives. There are also disagreements even among many Shia and Sunni scholars. Therefore, you must read the view of your own Marja (Source of Emulation) regarding this procedure.

Shia Perspective

In the Shia school of thought, most jurists agree with gender confirmation surgery. For example, Ayatollah Khomeini, Ayatollah Khamenei, Ayatollah Sistani, and Ayatollah Makarem Shirazi consider this procedure permissible for individuals with gender identity disorder or intersex individuals. However, all the required conditions for this procedure must be met. Some other Shia scholars, such as Ayatollah Safi Golpaygani, do not consider gender confirmation permissible and view it as a distortion of God's creation.

Sunni Perspective

The Sunni school of thought contrasts with the Shia view and generally opposes gender confirmation surgery, but they make an exception for intersex individuals or those with gender ambiguity. For example, Al-Azhar of Egypt and Sheikh Ibn Uthaymeen do not consider elective gender confirmation permissible and only allow it for intersex individuals and those with a disorder.

Is Being Transgender Forbidden (Haram) in Islam?

Being transgender is not absolutely forbidden (Haram) in Islam and depends on the type of transition and the person's condition. For example, for individuals with gender ambiguity from birth, gender confirmation surgery is permissible from both the Sunni and Shia perspectives. Regarding transsexual individuals, the views are different, as mentioned above. Therefore, a definitive ruling about the prohibition of being trans in Islam cannot be issued for everyone.

Gender Confirmation Laws in Muslim Countries

Given the difference in views between Shia and Sunni regarding gender confirmation surgery, this procedure also has its own specific laws in different countries.



Iran

Iran is one of the few Muslim countries where gender confirmation is officially permissible and lawful from both a jurisprudential and legal perspective. Before the operation, the person must have specialized counseling sessions to confirm that the physical body does not align with their gender identity. Psychological counseling, hormone therapy, and surgery are performed in Iran under the supervision of experienced specialists, and individuals can continue living with their true identity with greater satisfaction after the operation.

Turkey

Turkey is another Islamic country that considers gender confirmation surgery legal. Individuals can receive their official documents with the new identity and gender after completing the administrative, medical, and psychiatric stages. Despite sufficient knowledge, equipment, and specialization in this country, the cost of treatment in Turkey is relatively high, and trans people often face social and psychological pressure and discrimination.

Egypt

In Egypt, elective gender confirmation surgery is generally forbidden, and individuals who undergo this procedure face the risk of legal prosecution. Intersex individuals may be operated on by doctors in some cases, but there is no specific and defined law for this procedure either. The community also exerts significant pressure on trans individuals in this country.

Malaysia

In this country, gender confirmation is also forbidden and illegal. Medical support for these individuals is very limited, and even medical practitioners who perform this procedure will face prosecution. Cultural and social pressure is very severe in this country, and trans people often face pressure and discrimination in the workplace and society.

Saudi Arabia

In this country, gender confirmation surgery is not legal. Medical interventions for trans people are limited or inaccessible. The dominant Sunni jurisprudence in this country does not permit gender confirmation, and there are severe legal and social restrictions for these individuals.

UAE (United Arab Emirates)

Gender confirmation is not legal in the UAE, and official documents will not be issued for individuals who transition. Gender affirmation surgery is rarely performed illegally in this country, and individuals travel to other countries for this procedure.

Qatar

In Qatar, gender confirmation is also forbidden, and trans individuals do not enjoy official rights or medical support. The dominant Sunni jurisprudence in Qatar considers gender confirmation forbidden, and legal and social restrictions have made life difficult for trans people.

Tunisia

Gender confirmation is not legally performed in Tunisia. This has led to the formation of a black market and underground centers that perform gender confirmation under less than ideal conditions and at a very high price.

Why Do Many Muslim Transgender Individuals Choose Iran?

Many trans individuals from other countries choose Iran for gender confirmation surgery. This has several main reasons. As mentioned above, gender confirmation is not legal and involves prosecution in most Islamic countries. In Iran, if the person meets the necessary conditions for the operation, gender confirmation is completely permissible (Shar'i) and legal, and new identification documents will be issued to the individuals after the operation. Furthermore, the medical and healthcare system in Iran is advanced and professional, and many doctors in the field of gender confirmation surgery have performed numerous successful operations so far.

On the other hand, the cost of gender confirmation in Iran is much lower compared to other countries like Turkey or European countries. Besides the points mentioned, psychological and medical follow-ups and societal acceptance in Iran have led individuals to have greater psychological peace and feel more satisfied after the operation.



Conclusion

Gender confirmation is a very complex issue in Islam. This procedure is categorized into two types: Sex Correction for intersex individuals and Elective Gender Reassignment. The view of Islam on gender confirmation is varied. Most Shia jurists, such as Ayatollah Khomeini and Khamenei, agree with it, while some other scholars do not consider it permissible. Most Sunni jurists also do not permit elective gender confirmation surgery. This procedure is illegal in many Islamic countries like Qatar, Saudi Arabia, and the UAE, but in Iran, it is fully accepted both religiously and legally, and official identification documents are issued to individuals after the operation. This has led many individuals from other countries to travel to Iran for gender confirmation.

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FAQ

What is the view of Imam Khomeini on gender confirmation?

Imam Khomeini believes that this procedure is permissible for individuals with gender ambiguity and disorder.

What is the view of Al-Azhar, Egypt, on gender confirmation?

Al-Azhar and most Sunni jurists oppose elective gender confirmation and consider it a distortion of God's creation.

Which Islamic countries permit gender confirmation?

Iran and Turkey.

Can Muslims undergo gender confirmation surgery in Iran?

Yes, gender confirmation surgery and changing legal documents are permissible in Iran, and religious fatwas support this path.

Is being transgender forbidden (Haram) in Islam?

Not absolutely. It depends on the type of gender confirmation.