Document Type : Research Paper
Authors
1
Department of Islamic Studies, Faculty of Literature and Humanities, Malayer University, Malayer, Iran
2
Ph.D student in Islamic Azad University, Mahalat branch
10.22034/fm.2024.410200.2048
Abstract
One of the crimes committed inthe society isadultery,which Sharia has set a limit for the perpetrators of such anact, but there is adifferenceof opinion regardingthe implementation of the limitfor people with bisexual or transgender disorders,and nocoherent research has been doneabout itamong Islamic religions.The purpose ofthis research isto explain thejurisprudence of the crime ofadultery ofbisexual and transgender people inImamiyyah and Shafiyyah jurisprudence by referring to the books ofthese tworeligions toanswer thefollowing questions:If acrime iscommitted bybisexual people,istheSharia limit imposed onthem?Ifthe crime ofadultery is not proven forsuch people,how much will be thepunishment for them?Regarding transgender people whohave a tendency to beof the opposite sex,in the event of the crime of adultery,will the Shari'ah limit apply to them or not? Therefore, using the library method and electronic resources, this research has been investigated in a descriptive, analytical, and critical manner about the jurisprudence foundations of the Imamiyyah and Shafiyyah religions.The Imamiyyah and Shafiiyyah jurists are of the opinion that regarding the problem neuterthese people, due to the existence of doubts about the existence of the main or redundant penis in them, according to the rule of "Dara'a",about They are removed from them, but they are subject to ta'zeer for committing a haram act, but in the case of unproblematic khanthas (i.e. bisexual people whose being female or male is dominant over the other sex), they join one of the groups of women or men . Therefore, adultery and, as a result, the sexual crimes of sexual intercourse,rape, and adultery are realized in their case, and the Shariah limit must apply to them, and the reduction of punishment is not included in them. Also, the jurists are of the opinion about transgenders that their illness does not raise criminal liability,therefore, in case of committing the crime of adultery, they are entitled to the Islamic punishment.
Keywords
)