Course Title: Jurisprudence of Gender Reassignment
Course Overview
Instructor: Shaykh Mohammad Faqihi
Academic Year: 2024–2025
Schedule: Saturday to Wednesday, 08:00 AM – 09:00 AM
Location: Dar Al-Hikmah Seminary, Ahmadabad St., Shekarshekan Intersection, Isfahan, Iran
Course Link: https://doroos.feqhemoaser.com
About the Course
With profound developments in medical science and the increasing possibility of surgical interventions in genital reconstruction, the subject of “gender reassignment” has emerged as one of the most complex “modern issues” (al-masā’il al-mustahdatha) in medical jurisprudence. This course examines the legal dimensions of this phenomenon through the lens of Islamic narrations. Although classical texts do not explicitly address this specific subject, general narrations concerning gender imitation—specifically the prohibition of women resembling men and vice-versa—are utilized as a primary jurisprudential basis.
The discussion centers on a critical analysis of jurisprudential opinions, particularly the stance of Ayatollah Khomeini in Tahrir al-Wasilah, and the distinction between fundamental gender change and the disclosure of hidden biological identity. The necessity of this course is underscored by the fact that gender reassignment is not merely a medical procedure but a phenomenon with profound legal consequences in areas such as inheritance, marriage, and religious obligations (takālif). Given the lack of explicit evidence in primary Islamic texts regarding modern surgery, a precise inferential analysis is required to address the needs of contemporary society.
An inferential-comparative methodology is employed throughout this course. In this approach, the physical possibility of gender transformation is first scrutinized from a specialist perspective, followed by a critique of the arguments for permissibility versus those based on social interests and the preservation of the family unit.
At the core of the curriculum, the arguments and challenges regarding gender reassignment are analyzed across three thematic axes. The first axis examines substantive feasibility, noting that many specialists argue a complete and fundamental change—transforming a person into the “real” opposite gender in essence—is not ontologically possible. Since current procedures primarily alter appearances and hormonal levels, rulings of permissibility are often contingent on the hypothetical possibility of a real, inherent change rather than the cosmetic reality.
The second axis explores contrasting jurisprudential views. The permissive view, such as that of Imam Khomeini, is based on the premise that no explicit scriptural proof (dalīl) exists in Islamic texts prohibiting the change itself. Conversely, other jurists rule the action as prohibited, citing severe negative social and familial consequences, such as identity crises and the collapse of the traditional family structure.
Finally, the course addresses the crucial distinction between “true gender transformation” and surgical interventions for intersex (Khunthā) individuals. In the latter case, surgery is identified not as a change, but as a means of “revealing the hidden or actual gender.” For these individuals, it is considered obligatory to adhere to the religious duties of their true biological gender once it is medically disclosed.
About the Instructor
Shaykh Mohammad Faqihi is a distinguished scholar at the Isfahan Seminary. He completed his high-level scholarly training (Kharij) under the mentorship of renowned Grand Ayatollahs, including Ayatollah Bahjat, Ayatollah Vahid Khorasani, and Ayatollah Javadi Amoli.
With decades of teaching experience and the training of numerous scholars, he is also recognized as an authority on Islamic ethics and theology. His jurisprudential works and commentaries demonstrate a rigorous academic approach, blending traditional seminary methodology with an analysis of contemporary issues. Within scholarly circles, he is esteemed for his erudition, dignified demeanor, and commitment to excellence in religious research.
