Ayman shape
In a historical ruling that took nearly two years to decide, a Bahraini was able to prove that his son born 20 years ago and registered as a “female” is a male, as the Sharia court ruled to correct his gender, while the Civil Court obligated the official authorities to prove this in the official documents, and to register it in their records to end the suffering of a young man that took two decades.
The incident, which has passed on two courts, was listed by the lawyer, lawyer, Dr. Abdullah Al -Ali, pointing out that his client has a daughter born in 2005, and she was born with a visible and restricted female member with the official authorities as a female, and upon reaching the age of puberty, she did not show signs of female attainment like menstruation, but signs of adulthood appeared in males from the roughness of the sound and the display of the applicants, as men did not happen like the rest of the females.
After conducting the necessary medical examinations, it was found that it carries the male chromosome (46 XY), and does not carry female genital organs such as the uterus and ovaries, causing it severe embarrassment and great psychological pain; Because of the contradiction between her external appearance and her real gender, which prompted him to file the lawsuit, and demanding that her gender correction from female to male, and obliging the Ministry of Health and the competent authorities to change her gender and name in identification papers.
The lawyer Al -Ali submitted the lawsuit before the Sharia court, and attached with it the medical reports that confirm his lawsuit, while the Ministry of Health prompted the non -jurisdiction of the Sharia court to consider the case and filed it in a non -adjective, but the lawyer Al -Ali indicated that the correction of the gender of the girl, falls within the jurisdiction of Sharia court Contemporary
The court said that the majority of jurists went on to reach that the male reaches if his beard comes out, or a security, as well as the emergence of courage and equestrian, and the enemy’s perseverance, and that the female reaches the emergence of breasts and the descent of menstruation; The birth is also cut.
The court referred to the decision issued by the “Islamic Fiqh Council in the Islamic World League” in 1989, which was considered on the issue of converting a male into a female, and vice versa, and the determinants he put on determining the male from the female, and that it is not permissible to convert one of them to the other type, and that the attempt to do so is a crime that deserves the perpetrator of punishment; Because it is a change to the creation of God.
The court explained that the Islamic Fiqh Academy has added: “As for those who met the signs of women and men in its members, it is often seen from his condition.
The court noted what was stated in the medical report and the conduct of clinical, laboratory, radiological and genetic examinations that the medical committee had been shown that the plaintiff suffers from the condition of the vague genital organs or the syndrome of illegal femininity, and the committee shows that it carries the chromosome (46 XY) for males, the high percentage of the male hormone (testosterone), with the presence of primitive male organs and the absence of any members Female genital, and what the committee concluded that the aforementioned is a male, and it has all the ingredients of masculinity, and it will need corrective operations later.
The court emphasized that its ruling does not have a change in the gender of the aforementioned or a change of the origin of the characteristic of the human race that God created on it or showing the attributes of another sex, because this change has come to prohibit Islamic law glue, but rather is to show the truth of the origin of his gender fixed with legal evidence and real facts.
The Sharia Court ruled to correct and amend the sex of Ibn Al -Da’i from a female to male, and after her jurisdiction in the consideration of requesting the amendment of the name, and ordered that it be referred to the competent civil court.
The second phase of the journey of dismissal in the plaintiff’s fate began with the Civil Court, in which the lawyer, Dr. Abdullah Al -Ali, the Sharia court ruling, and requested the judiciary to obligate the competent authorities to correct and amend the name and gender of the plaintiff in the documents, where the court referred the lawsuit to the Committee of Names and titles, which ended in its recommendation to the plaintiff’s answer to his request.
The Civil Court referred to the stable in the discrimination judiciary that the trial court has the authority to collect and understand the reality in the case and estimate the value of the evidence and the documents submitted in it, and said that based on the ruling of the Sharia court the judge changes the sex of the plaintiff to a mention, and what the names and titles committee concluded, the court ruled to compel the defendants – each with regard to it – to change the name of the prosecutor’s daughter and change its gender to mention in the official documents and register this with their records.
