Gender transition: Yes, or no? (Book)
- abstract
Gender transition: Yes, or no? (in persian: تغییر جنسیت آری یا نه؟) is a Persian work that addresses the topic of gender change and related discussions about androgyny in the fields of medical, family and social jurisprudence. This book is the result of lectures by Ayatollah Yadollah Duzduzdani Tabrizi, compiled by Mohsen Dalir. The author presents arguments such as Verse 195 of Surah Al-Baqarah (Verse of Destruction), Verse 119 of Surah An-Nisa (Verse of Changing Creation), and the notion of resembling the opposite gender, ultimately concluding that gender transition is not permissible. He also discusses androgyny and the permissibility of changing the gender of androgynous individuals, considering the removal of an extra member in non-conflicted androgynous individuals as not fundamentally constituting gender change, deeming this action permissible. However, Duzduzdani does not permit gender change in non-conflicted androgynous individuals. The majority of the book is dedicated to discussions related to androgyny and the gender change of androgynous individuals.
A brief review of the book
"Gender Transition: Yes, or No?" is a book written in Persian and the result of lectures by Ayatollah Mirza Yadollah Abbaszadeh Rafiie, commonly known as Duzduzani Tabrizi. He is a prominent instructor of advanced jurisprudence and principles at the Qom seminary and a respected Shia authority (marja'). This work, authored by Mohsen Delir, consists of 120 pages and was first published by Asar Amin in 2008, with a second edition released by Sharq Khial in Qom. It is stated by the book's compiler that expert advice was sought throughout the writing process (p. 13), and the back cover asserts that it is the first published jurisprudential and demonstrative work on this subject. There are deficiencies in the book regarding citations, with numerous quotations and some narratives lacking proper references, particularly on pages 74-76 and page 92. Additionally, the titles of certain discussions could have been chosen more carefully; for example, on page 51, it may have been more suitable to use 'The Inadmissibility of resembling the Opposite Gender' rather than 'Resembling the Opposite Gender'.
Book structure
"Gender Transition: Yes, or No?" consists of three main parts: The first part provides scientific and fundamental insights regarding gender (p. 15), the second part discusses gender transition (p. 27), and the third part outlines the signs of gender transition in androgynous individuals, as well as the distinction between conflicted and non-conflicted androgyny (p. 67). In the first part, the author provides foundational information regarding the nature of gender and its evolution, addressing subjects categorized as 'Indicators of Gender' (p. 17), 'Sexual Identity and the related Disorders' (p. 20), 'Gender Disorders' (p. 23), 'Chromosomal Abnormalities' (p. 23), and 'Hormonal Anomalies and Ambiguity in Genitalia' (p. 24). The second part of the book is dedicated to the topic of gender transition and the related issues. The author presents the opinions of Islamic jurists, critiques their arguments, and subsequently examines the evidence put forth to support the prohibition of gender transition. The third part of the book, which comprises a large part, focuses on the indicators of gender in androgynous individuals, the criteria for identifying conflicted and non-conflicted androgyny, and the discussion surrounding gender transition or, in the author's words, gender determination.
The possibility of gender transition
In a section of the book, the author explores the concept of gender transition as presented in the Quran (p. 45) and in the context of creation (p. 46). It appears that these two topics can be regarded as an introduction to the discussion on the prohibition of gender transition; however, they may also serve as evidence against the permissibility of gender change. The author first refers to verses 49 and 50 of Surah Ash-Shura, which discuss God's role in determining the gender of the fetus, fundamentally denying the possibility of such an action and asserting that it is beyond human control. The writer further asserts that the signs used to determine human gender can be classified into three groups: 1. Observable characteristics like genitalia, 2. Internal indicators such as menstruation and the existence of sperm or ova, and 3. Genetic markers, namely the presence of XX or XY sex chromosomes. He believes that only observable characteristics can be inadequately altered by humans, which he describes as 'toys' instead of natural organs. Thus, gender transition is fundamentally unattainable.
Reasons for the prohibition of gender transition
To support his claim regarding the prohibition of gender transition, the author of the book has cited various reasons, including verses from the Quran and the prohibition of resembling the opposite gender.
verse 195 of Surah Al-Baqarah
The author's primary argument against gender transition is based on verse 195 of Surah Al-Baqarah, commonly referred to as the verse of destruction (p. 33): «وَلَا تُلْقُوا بِأَيْدِيكُمْ إِلَى التَّهْلُكَةِ» (And do not throw yourselves into destruction with your own hands). The author believes that this verse can be applied to the discussion of gender transition by interpreting the preposition 'ب' in an emphatic sense. According to the author, the word «ید» (hands) signifies power and capability, thus the meaning of the verse would be: 'Do not waste your abilities and do not corrupt or squander them.' (p. 39) Referencing the principle of 'non-specificity of the case', the author dismisses the application of the verse solely to the topic of jihad and the prohibition against causing the destruction of social forces, considering it also applicable to the mutilation of body parts. Ultimately, in his view, this verse not only prohibits gender transition but also indicates the prohibition of actions such as sterilization, asserting that no one has the right to undertake actions that may lead to the loss of their essential bodily functions or parts (p. 40).
A verse on the alteration of creation
The author presents verse 119 of Surah An-Nisa, known as the verse of the alteration of creation, as the second argument on the prohibition of gender transition: «وَلَآمُرَنَّهُمْ فَلَيُغَيِّرُنَّ خَلْقَ اللَّهِ « (p. 41). Two different interpretations of «خَلْق اللّه» (creation of Allah) have been proposed; one suggests it refers to 'the creation of God,' which is the apparent meaning of the verse, while the other interprets it as 'the religion of God,' a view accepted or favored by figures such as Tabarsi, Allameh Tabatabai, and Ayatollah Khoei. Rejecting the view that interprets "creation of Allah" as the religion of God (p. 44), the author states that, in his opinion, despite the various perspectives in the interpretation of "creation of Allah," this verse also indicates the prohibition of changing gender from male to female and vice versa (pp. 41-46).
The prohibition of resembling the Opposite Gender
The prohibition of resembling the opposite gender is the author's third reason for the prohibition of gender transition; based on the conclusions drawn in previous discussions, which indicate the impossibility of genuine gender transition, it appears to the author that the outcome of such an action ultimately amounts to nothing more than resembling the opposite gender, which has been clearly defined and deemed impermissible (p. 52).
Gender indicators in androgynous individuals
The third part of the book, "Gender transition: Yes, or no?", which comprises a large part, focuses on "the indicators of gender in androgynous individuals and identification of conflicted and non-conflicted androgyny". In this section, the author elucidates twelve signs mentioned in narrations and jurisprudential literature for identifying androgynous individuals, which include: the presence of urine, the urgency of urination, the delay of urination, menstruation, nocturnal emissions, sexual intercourse, pregnancy, breast development, beard growth, rib count, and hairlessness . The author notes that the signs from the fourth to the ninth are not mentioned in many early and later jurisprudential sources. In a discussion titled 'The Fourth to Ninth Signs in Jurisprudential and Narrational Sources,' he elaborates on the sources and references related to these topics (82-83). The author first refers to the words of Ibn Aqil, noting that some, like Sheikh Hurr Ameli, have considered it a narration (p. 85). He then cites a narration from 'Rawdat al-Wa'izin' and a narration from 'Khesal' as support for these signs. According to the author, although Ibn Aqil's report and the narration from 'Rawdat al-Wa'izin' have significant implications regarding the subject at hand and mention some of these signs, they are isolated reports without proper chains of transmission (pp. 85 and 87) and therefore not acceptable. However, the narration from 'Khesal' is credible in terms of its source and has strong implications regarding the validity of the three signs: nocturnal emissions, menstruation, and breast development (p. 88). The author states that nocturnal emissions and menstruation are two definitive signs, and perhaps that is why they are not mentioned by the Islamic jurists (p. 84). According to the author, "beard growth of" is not mentioned as a sign in any narration, and he himself expresses doubts regarding this sign (P. 90).
Gender identification based on urine discharg
The author recognizes the gender identification of an androgynous individual based on the urine discharge from one of the two passages, relying on five narratives (p. 71-76). Furthermore, based on the authentic narration of Hisham, he considers the precedence of urine from one of the passages as an indicator of gender (p. 77); however, he does not accept Kafi's narration on this matter due to its weak chain of transmission and its status as a mursal (p. 79). The author does not accept the delay of urination as a gender indicator (p. 79-82), and rejects the consensus mentioned in this regard due to the possibility of it being based on evidence. Similarly, he considers the reliance on the Mursal of Kafi to be inadequate due to the problem with its chain of narration (p. 82).
Rib count
The author has proposed counting the ribs of an androgynous individual as a tenth sign, which, if validated, could also assist in determining the gender of an androgynous person. In this context, the author refers to the opinions of some earlier and later Islamic jurists regarding the ruling and its narrative source (p. 91). and, after citing the narratives (p. 92), he points out the differences in the number of ribs mentioned in these narrations. Duzduzani, as the first objection, explicitly states the inconsistency of these narrations with anatomical science (p. 101) and evaluates the discrepancies in the accounts as unsolvable (p. 102). He questions how three narrations suggest that the number of ribs in women is greater than in men, while one narration claims that the number of ribs in men is greater (p. 104). His fourth objection concerns the absence of such a sign in the narrations of other Imams and even in those attributed to Amir al-Mu'minin (AS), considering this an indication of the fabricated nature of these narrations (p. 105). Furthermore, he references other narratives that contradict the reasoning presented in the report of Shuraih (p. 105). The author explicitly states that there are seven narratives under discussion (see p. 108), yet fails to mention three additional ones. In the end, he raises a rhetorical question that presents considerable doubts about this indication and abstains from giving a ruling on the narratives, neither endorsing nor dismissing them (p. 109).
lot
The author discusses in a section of the book the validity of lot for determining the gender of an androgynous person, a belief some have adopted after the failure of other indicators. The primary evidence for this group consists of four narratives, two of which the author references in the book of Kafi, while for the third and fourth narratives, he merely states, 'The third and fourth narratives share the same theme' (p. 112). Ultimately, he does not accept the validity of lot for determining the gender of a conflicted androgyny.
Genetic sex determination
Following the previously mentioned eleven signs, the book explores the possibility of determining gender through genetics and provides explanations on the subject. The author initially accepts the feasibility of identifying and determining gender based on the type of chromosomes, stating that such a conclusion is not unlikely. However, by referencing a claim from certain scientific articles that question the criteria related to chromosome type and gender, the author argues that if this claim is true, genetic tests can no longer be relied upon for gender determination based on chromosomes (pp. 114-115).
The order of significance of indicators
The author discusses the sequence of these signs in relation to the theory of the precedence of signs concerning the manner and quality of urination. However, he believes that the presence of any reliable sign is sufficient for gender identification, and the order among them is irrelevant. Additionally, he points to the statement of Sahib al-Jawahir, affirming that not only does he recognize all specified and unspecified signs as valid, but he also embraces any trustworthy sign, even those based on conjecture, that may clarify the state of a conflicted androgyny (p. 116).
Jurisprudential ruling on androgynous transition
In the discussion on gender transition, the author explores the jurisprudential considerations surrounding this issue in relation to both conflicted and non-conflicted androgyny. The author argues that the removal of redundant organs in non-conflicted androgenous individuals does not constitute a gender transition; it can at most be referred to as a gender correction or reassignment. However, the act of changing an individual's gender from what is discernible based on established criteria to the opposite gender remains prohibited and forbidden (p. 59). The author discusses two possibilities regarding the conflicted androgyny and critiques them: (p. 60) Firstly, the absolute permissibility of gender reassignment for conflicted androgyny (p. 61) is argued on the basis that, given the existing ambiguity regarding the essential or non-essential nature of the organ, the removal of one would not constitute the destruction of faculties or alteration of creation. (p. 61) The author refutes this argument and maintains that even after undergoing gender reassignment, the individual remains subject to the same rulings applicable to the conflicted androgyny. (pp. 64-65) An alternative perspective posits that conflicted androgyny may be decided through emotional disposition (p. 66), yet this is not mentioned in the main text or footnotes. The author asserts that there is no religious basis for the validity of emotions in gender identification, nor is there any indication of such validity in the narratives. (66)
Sexual relations following gender transition
A section of the book 'Gender Transition: Yes, or No?' has been developed to clarify the rulings and details regarding gender transition. The permissibility or impermissibility of sexual relations following gender transition, the imposition of penalties in cases of prohibition, as well as the obligation of ritual purification (ghusl) and the invalidation of fasting are among these rulings. According to the author of the book, those who have issued a fatwa permitting this transition do not face specific problems with the related rulings; even considering the author's jurisprudential opinion against this action, the rulings concerning many practices, such as matters of gender relations (mahram or non-mahram), are clearly defined and will not change since no gender transition has occurred. However, according to the opponents, the jurisprudential response to certain issues that arise after marriage and sexual relations will encounter difficulties (pp. 56-57). According to the author, if both parties in a marriage have undergone gender reassignment, the sexual relationship between them involves one extraneous member entering another extraneous member, thus neither a ritual purification (ghusl) is required nor is the fast invalidated. If only one party has undergone gender reassignment, the same principle applies, and the act of penetration does not carry specific rulings; however, if ejaculation occurs, the individual who ejaculated is required to perform a ritual purification, and their fast will be invalidated. Furthermore, if their actions are recognized as sexual intercourse in a conventional sense, the author advises caution, stating that, as a precaution, ritual purification is obligatory for them, and their fast is also rendered invalid. Regarding the prohibition of sexual relations and the imposition of penalties, the author believes that since at least one party involved in the act has an extraneous member, the penalties for adultery or sodomy do not apply; however, the possibility of punishment exists. The author also suggests that it is not unlikely for a sexual encounter between a woman who has undergone gender reassignment and another woman who is biologically female to be classified as lesbianism. The author has not addressed the scenario in which a man engages in anal intercourse with another man who has transitioned to female, nor has he provided a ruling on that matter.