Islamic Law

Islamic Law

Investigating the rights related to alimony, in gender change in Iranian law with its comparative study in Imamiyyah and Hanafi jurisprudence

Document Type : Original Article

Authors
1 PhD student in private law, Naraq branch, Islamic Azad University. Naraq, Iran.
2 Assistant Professor, Department of Law, Naraq Branch, Islamic Azad University, Naraq, Iran.
Abstract
The issue of change of physicality and its consequent effects is one of the emerging issues that the jurisprudence and legal community is still suffering from support and implementation challenges related to it.
Gender change shakes various works related to the rights and duties of couples. Among them are the rights related to alimony of people related to it, including spouses and children. On the other hand, considering the lack of allocation of Iran's legal texts in the search, the answer may be found in fatwas and original jurisprudential sources. In this search, which has been done with a descriptive and analytical method, it is possible to consider aspects and surroundings of possible doubts by comparing it with Hanafi jurisprudence, which has theories about the current issue.
Therefore, with this approach, we noticed the difference in this field between Imamiyyah and Hanafi jurisprudence of Sunnis, which needs to be analyzed. In this regard, the jurists of the Imamiyyah consider the rights related to alimony to the first husband without distinction due to the connection with the sperm, and they consider the change of gender to the wife as long as the marriage survives and before the annulment of the marriage, and to the children as well, as if they are obligated to alimony. In Hanafi jurisprudence, they have two opinions by differentiating between sexual and gender change or spiritual and gender change.
the nullity of the marriage from the first day due to the discovery of the opposite sex and contrary to the intention of the parties, they consider the child without lineage. But in the spiritual change of physicality, while considering the nullity of marriage, they consider the alimony of the persons liable to alimony to be settled and the lineage established.
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