OPERATION SUBSTITUTION AND IMPROVEMENT SEX |
God Almighty as the Kholik in this world, it has created too. This includes the earth and its inhabitants. As the inhabitants of God has created in which humans and animals with type In accordance with paragraph Al qur'an which reads: "... Verily We created you from a male and female and made you into nations and tribes that ye may know each other. But even so, the reality is happening in this world there is also a born abnormally or have genital deformities. There-sex couple, there is also a single-sex but it is not clear whether the man is that woman. To clarify the status of marriage and inheritance, should people with venereal disease were operated on to change or genitals menyemprnakan? What is the legal operating on gender? How marital status and perwarisannya after the surgery?
To find the answers to the questions above, in a paper titled "Substitution OPERATION AND IMPROVEMENT sex" is, God willing, will be briefly peeled and thoroughly. Humans are born under normal circumstances a male gender or female because it has one of the genitals or vulva dzakar normal because in accordance with the sexual organs, not allow Islamic law to perform sex change operations. However, if the sex-change operations will be undertaken because there is a specific reason, the Islamic law allows. If someone has genital organs of two / double is to clarify the identity of kelaminya, he may turn off the operation of sexual organs and keep the other genital organs in accordance with the inner sexual organs. For example a person has two opposite genitals, and in addition he also has a uterus and ovaries are the main characteristics for female sex, then he should, even at the recommended surgery to remove his penis after confirming gender identity.
If someone has genital organs of a less than perfect shape, for example, he has a vagina that is not perforated and he has a uterus and ovaries, so she can, even in recommended by the religious to give the operation a hole in her vagina, and vice versa. which could ultimately he plunges into the world of prostitution and gay subject very dangerous for himself and society. Therefore, if the progress of medical technology can improve physical health and psychological / mental nature of the transvestite sex through surgery, then Islam allow, even encourage / look good, because it will achieve its maslahah greater than his mafsadah.
After marriage and the operation, rights and marriage laws and kewarisanya? This depends on the nature and purpose of sexual opersi do. it means changing God's creation by gender replacement surgery from male to female or vice versa, then the marital status remains, so as heir kedudukanya example, he remains berstartus with the original type as kelaminya at the time of birth. Therefore, a woman who perform sex change operations became a man, no right to demand the same warisanya the man, because he still legal status as a woman.
In addition, sex-change surgery can lead to conflict in the household, because the spouse who had undergone sex change operations that can not undergo kewajibanya as husband / wife is normal. Because it concerned can file for divorce through the courts on the grounds spouse (partner) is unable to execute his duty as a husband / wife is normal (vide PP. No. 9 Year 1975 article 19, paragraph (e). Similarly, opinion writers, employees recording of marriage / marriage (KUA or Civil Registry) may not keep records of marriage / marriage between men and women who have had a sex change operation, since contrary to the purpose of marriage, ie, forming a happy home and conserved based on Belief in God Almighty (vide Law No. 1tahun 1974 on Marriage), and obtain a legitimate descendants and pious (Note the Qur'an Surat Al-Rum verse 21 and Al-Nahl verse 72). For those who have sex change operations memjalani it will no longer give offspring, and can not also meet the needs of the biological / sexual normally.
But if the nature and purpose of the operation was only for sex tashhih / takmil, meant only to improve / refine then he should immediately apply to the judiciary for the legitimacy of the status of the "new" to avoid potential conflicts in marriage and inheritance.
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