1- Department of Law, Mazandaran University, Iran
2- -
Abstract: (7117 Views)
Changing gender is one of the important subjects, which is of great significance in medicine and law. Although, these subjects were existed in the past, owing to the development of technology and medical science, it has recently improved a lot. Nowadays, according to the view of Islamic Jurisprudents and in the most legal systems, this action will be quite lawful provided that the doctors recognize its effects of this action should be considered. One of these effects would be the relationship of couples with each other. For instance, does the contract of marriage will be remind or cancelled? What will happen to the dower (the money that hausband is obliged to give to his wife)? What about the waiting period (Iddah), inheritance, guardianship, custody and…. Generally, in a contract that the kind of gender has not role, changing gender has no effect. But, in a contract that the kind of gender play a fundamental role, it will be cancelled from the moment that it has been changed, and does not have any effect on the previous acquired rights.
Received: 2008/04/21 | Accepted: 2008/11/24 | Published: 2008/12/20