Upon reviewing the existing laws in Iran, we find that there is no specific stance regarding gender-based crimes against transgender individuals. On the other hand, we know that in the absence of clear legislation, we must refer to jurisprudence, legal principles, and domestic and international customs. Therefore, to overcome this issue, the proposed article will examine legal principles and international documents in this regard

"To explain the subject, we first present an example. If two men are caught in the act of sexual intercourse, the crime committed is sodomy, and its punishment is execution. However, what is the situation if one of the parties claims to be transgender and states that they had intercourse with the man based on their inner gender (in this case, female)?

If we accept that inner gender is the criterion, the crime committed would be fornication. Now, if both parties claim that they married each other based on their inner gender, then if we respect their marriage according to their inner gender, they have committed no crime."

"In this situation, due to the legislator's silence, we refer to other sources.

Initially, it's necessary to understand what the criterion for a person's gender is. Based on verse 1 of Surah Al-Nisa, 189 of Al-A'raf, and 21 of Ar-Rum, humans are equal, and the difference lies in piety. Although men and women differ outwardly, they have more differences in their spiritual characteristics. Therefore, the criterion for gender is internal and psychological rather than external. On the other hand, marriage is of great importance to members of society, and transgender individuals spend a long time from the time they become aware of this disorder or when they undergo gender reassignment and receive a court order. It cannot be expected that they avoid marriage. Research shows that transgender individuals who are not accepted by society with their true gender and are denied rights related to their gender, such as the right to marry, may even commit suicide. However, in the verses of the Quran and based on rational principles, engaging in actions that lead to destruction is reprehensible.

Numerous narrations recommend marriage and discourage celibacy, all of which are stated generally for all members of society and do not exclude transgender individuals."

"Another objection raised against the marriage of transgender individuals pertains to the narrations prohibiting homosexuality. However, the sexual relations of transgender individuals are entirely different from homosexuality. Homosexual individuals engage in acts contrary to their true gender, meaning their outward and inner gender. They have no objection to their gender and accept it, refusing to change it. Nevertheless, they engage in relationships outside of the established framework.

Conversely, a transgender person has an inner gender that differs from their outward appearance, and they engage in relationships according to their true gender. Furthermore, transsexualism is genetic, whereas the root of homosexuality lies in the mind and soul of individuals.

One of the main objections from opponents of transgender marriage, considering their outward gender, is the comparison of these individuals to intersex persons. However, an intersex person has a dual gender, both outwardly and inwardly, such that neither the male nor the female sex prevails in their appearance or spirit, making marriage impossible for them. A transgender person, however, has a dominant inner gender that contradicts their outward appearance.

To examine the stance of international laws, international documents have also been reviewed.

1) The Principle of Non-Discrimination: All individuals in society are entitled to equal rights, a principle confirmed in all international documents and laws. Of course, the intent here is that all individuals have the right to benefit from rights based on their true gender."

Based on the text you provided, the following points seem to be your key arguments regarding "privacy" and "the right to adoption" for transgender individuals:

Privacy: All individuals have the right to choose a spouse based on their true gender. Individuals should have an identification document that matches their real identity. Questioning or interrogating individuals about their gender status should not occur.

Right to Adoption: One of the objections raised against the marriage of transgender individuals is the inability to have children.

This situation is also true for non-transgender individuals (inability or unwillingness to have children), but their marriages are not invalidated or prohibited. Therefore, prohibiting the marriage of transgender individuals for this reason is not logical.

Marriage has multiple objectives, including procreation, but other objectives, such as achieving companionship, remain valid even if procreation is not possible.

International documents have resolved this issue through the possibility of adoption. This allows transgender individuals to experience having children, and in turn, a child gains parents.

New forms of family have also been accepted in international documents.



Overall Conclusion:

Considering Islamic jurisprudence, legal principles, and international law, and based on the principle of presumption of innocence, punishment of these individuals should be avoided. A marriage performed based on one's true gender and inner self is valid, and sexual intercourse within the framework of a marriage contract is not considered a crime. This conclusion is evident in all international documents, legal principles, and Islamic jurisprudence.