نوع مقاله : پژوهشی
نویسنده
استادیار، گروه حقوق، واحد کاشان، دانشگاه آزاد اسلامی، کاشان، ایران.
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Transgenderism is one of the important issues that has always been the subject of debate from the point of view of jurisprudence and law. In this paper, an attempt is made to address this important question that what are the rules governing the blood money of transgenders from a jurisprudential point of view? The present paper is descriptive and analytical, and the mentioned question is investigated using the library method. According to the findings, transgenderism is a type of gender disorder in which the affected person is psychologically dissatisfied with their gender identity and tries to change gender. From a jurisprudential point of view, if a transgender person is recognized as a woman, the blood money of a woman is considered for her according to jurisprudential rules, but these people generally change their gender and become their desired gender identity, in this case, their blood money is subject to the changed gender. The criterion for calculating the blood money of a person who has changed gender is the time of claiming the blood money and not the time of the injury, therefore, the blood money of these people is calculated and demanded based on the new gender, even if the gender change is performed under the supervision of a specialist doctor and in compliance with medical standards between the time of the accident and the time of the claim, the blood money of the person will be still calculated with the new gender.
کلیدواژهها [English]