نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The present study was conducted with a descriptive and analytical method with the aim of analyzing the jurisprudential-legal process of the expediency assessment in transgender gender reassignment and explaining its constructive role in maintaining and promoting the general psychological order of society. The findings of the study show that the individual interest of transgender people is among the essential purposes of Sharia due to its direct connection with self-protection and mental health. In contrast, the release of this process without legal regulation confronts the psychological order of society with anomie and normative instability. From a jurisprudential and legal perspective, the individual interest of the patient and the general interest of society are not only not in conflict with each other, but can be combined and synergized through the exercise of sovereignty. The study concludes that the desired jurisprudential-legal solution is to design a “balanced expediency assessment model.” This model is realized through careful psychiatric screening, systematic quasi-judicial processes, legal protections after gender reassignment, and public education; This will, while protecting the fundamental rights of the individual, create the basis for strengthening public mental order and reducing collective anxiety in society.
کلیدواژهها English