Jurisprudential analysis of the consequences of gender change in financial rights in marriage

Document Type : Original Article

Author

Assistant Professor, Department of Islamic Studies, Faculty of Literature and Humanities, Razi University, Kermanshah, Iran

10.22126/tbih.2024.10247.1003

Abstract

Gender change is one of the most important issues that has attracted the attention of jurists and lawyers. The present study aims to answer this question, what is the consequence of gender change in dowry, alimony, and Marriage expenses? With the descriptive-analytical method, it has been concluded that transgender in a marriage, according to a theory called (discovery), if the husband changes gender after intercourse, the wife has the right to receive the Marriage Portion, and if the husband before intercourse, Gender reassignment, or if the wife changes gender, the wife is not eligible to receive the Marriage Portion. Also, the right to alimony depends on the marriage itself, and either husband or wife can take the marriage expenses from the other if they have the right. 

Keywords

References

Smock, P. J (1999). Manning. W. D., & Gupta. S. The effect of marriage and divorce on women’s economic well-being. American Sociological Review, 64, 794–812.
Amato, P. R (2000). The consequences of divorce for adults and children. Journal of Marriage and the Family, 62, 1269–1287.
 

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