This is a picture of a beautiful flower.
Sina Kiani

In order to understand the meaning of gender, it is necessary to first define the concept of sex. Sex is defined as the classification of individuals based on physical, biological, and reproductive characteristics. From a classical perspective, individuals are classified as male, female, or intersex. Sex is generally seen as an inherent and predetermined aspect. However, many theories also consider the concept of sex to be socially constructed, and the classification of individuals based on biological and physical characteristics to be a result of cultural, social, and intellectual factors. Gender is defined based on sex. Gender is a normative and regulatory framework in which individuals are placed according to their assigned sex and are expected to conform to the roles associated with that sex. Gender is contextual and location-specific. In every culture and society, gender and gender roles are defined and supported in different spaces. In Iran, gender is officially divided into two categories: masculinity and femininity. As a result, individuals are either “male” or “female.” In

Transgender people in Iran

Transgender, also known as gender variant or transgender, in its literal meaning refers to beyond gender and refers to individuals who do not accept the societal and cultural norms of gender and perform gender roles beyond the boundaries of gender norms. In other words, transgender individuals have a different gender identity from their assigned gender at birth and are essentially not classified by gender. Various types of transgender have been defined in Western gender discourse. These individuals can be transgender (transsexual), cross-dressers, intersex, or genderqueer.

In Iranian laws, only transgender individuals are conditionally accepted. A transgender person is someone who has a different gender identity than their assigned sex. In other words, a transgender person has a gender identity that does not align with their current sex. One of the distinguishing factors of transgender individuals and transgenderism is the issue of gender reassignment. The issue for a transgender individual is to change their sex to the opposite sex and align their gender identity with their desired sex. Transgender individuals are in the process of transitioning between two genders and this change ultimately leads to a change in sex and alignment of gender identity with their desired sex. Based on this, according to Shia jurisprudence, individuals must be in harmony and be either male or female in terms of gender and sex. As seen in the laws related to gender reassignment in Iran, obtaining a gender reassignment permit is subject to conditions that include the statement above.

In fact, only those who have gender ambiguity disorder or are intersex are allowed to undergo sex reassignment surgery. While Shia authorities and Ayatollah Khomeini have given this permission to those who have been medically and psychologically determined to need a sex change, they have given it with two conditions:
First, that the transsexual condition is real and definite; therefore, those whose condition is suspected are not allowed to undergo a sex change. Second, the sex change must be complete; meaning, for example, a woman must be completely transformed into a man after the sex change and vice versa, so that the laws and regulations mentioned in our religion for women or men can be applied to them.

Iran’s multiple and conflicting gender policies regarding sexual identities, gender identities, and non-normative sexual orientations are a result of disregarding the foundations of human rights. The public space in Iran is generally masculine and heteronormative. The current Islamic laws are based on male dominance and patriarchy, and are also completely heteronormative. In this context, sexual and gender identities and expressions beyond the defined and permissible categories in the law are not only not accepted, but will also face punitive and corrective policies.

According to the laws of Iran, specific regulations have been defined for each gender in all religious, economic, cultural, and political domains. For example, women do not have the right to become president or judge, and men will inherit twice as much as women. Women do not have the right to enter stadiums to watch men’s sports competitions. These regulations also apply to transgender individuals. Most importantly, laws related to preserving Islamic values are also very important. The type of appropriate clothing and adherence to Islamic hijab, criminal laws regarding gender reassignment in Iran, medical exemptions for transgender individuals in military service, and policies on gender reassignment that allow individuals to change their gender in a vague space created by the government, all play a role in shaping the lives of transgender individuals in Iran. It should also be noted that while the discourse on sexuality and gender in Iran is expanding, transgender individuals are becoming more visible and different biological forms are slowly becoming accepted in the official discourse on gender in Iran. Non-con

In Iran, gender is defined as binary in all identification documents and legal papers. If you wish to express different sexual behaviors or actions, it will not be accepted under any circumstances. These legal pressures and clearly defined spaces have led to the efforts of non-normative activists to be pushed underground in society. In society, you will not be able to act as a transgender person in the highly sexualized space of Iran. Regardless of the law, the social norms of Iranian society are not currently accepting of transgender individuals. Even the civil movement in Iran is not prepared to include transgender individuals. In most social movements and civil movements in Iran, there is no space for transgender individuals and even non-heteronormative individuals are not considered.

The most important issue that human rights movements in Iran are pursuing is the alignment of Iranian national laws with human rights laws. The efforts made are mostly focused on this alignment and reporting cases of human rights violations in Iran. The Iranian government considers these human rights efforts as subversive, Western, imperialist, and aimed at destroying Islamic culture, and responds to them with equal force. The wave of arrests, punishments, and discriminatory laws is evidence of the government’s all-encompassing support for the public space of the Islamic country.

These legal efforts in recent decades have also achieved some successes. However, these achievements have not meant the acceptance of the rights of the Kurdish people by the Iranian government. Most of these efforts have been focused on challenging the Islamic Republic of Iran in international forums and human rights issues, and pressuring Iran to recognize the rights of Kurdish people. This is something that has been repeatedly denied by high-ranking Iranian officials. The Iranian government has ignored the Kurdish people and denies their existence.

Laws in Iran currently do not have the capacity to accept transgender individuals, as it seems that the legal and religious foundations in Iran will not allow for these changes. Gender construction in Iran, which is based on Shia jurisprudence and traditional Iranian patriarchal culture, does not provide a suitable platform for the growth and development of transgender individuals. Perhaps, like other modern conceptual and identity domains defined within the framework of modern society, the success of transgender individuals in Iran also depends on the transition to a modern society where laws recognize and uphold human rights and where civil society and democracy are established.

Notes:

1. Hadi Tehranian, Mehdi, Collection of Articles and Speeches from the Second Seminar on Islamic Perspectives in Medicine, Vol. 2, pp. 80-81.

2. Musavi Khomeini, Sayyid Ruhollah, Writing of the Means