A Comparative Study of Gender Transition and Its Impact on Inheritance in the Jurisprudence of Shia and Sunni Schools

Abstract

Contemporary scientific and technological advances have made the issue of gender transition one of the most challenging topics in Islamic jurisprudence. The significance of this subject lies not only in its medical and social dimensions but also in its profound legal and jurisprudential consequences, particularly with regard to inheritance rulings. The purpose of this study is to comparatively examine the perspectives of Shia and Sunni jurists on gender transition and its implications for inheritance. The central research question asks: under what circumstances is gender transition considered permissible from the perspective of both schools, and, if acknowledged, what effects does it have on the division of inheritance?

The methodology of this research is descriptive-analytical, based on the study of classical jurisprudential sources and juristic opinions. The findings indicate that:

• In cases of physical intersex conditions (khunthā al-ḥaqīqī), both Shia and Sunni schools regard gender transition as permissible, insofar as it serves to uncover the person’s true identity.


• In cases where the individual is physically healthy and seeks transition merely for personal reasons, jurists unanimously prohibit the practice, regarding it as an alteration of divine creation.


• In cases of psychological intersex conditions (gender identity disorder), opinions diverge: Sunni jurists deem transition impermissible and uphold inheritance rulings according to the original gender, whereas Shia jurists—adopting a therapeutic approach—generally permit transition under certain conditions and often recognize the new gender in inheritance matters, though internal differences of opinion exist among them.

The main conclusion of this study is that while there is consensus among jurists on the prohibition of unnecessary gender transition, significant divergences emerge in cases involving physical or psychological disorders—especially regarding legal consequences such as inheritance. The core point of contention lies in whether precedence should be given to the original or the transitioned gender identity.