Reproductive medical technology: legal implications for "third gender" from Western and Islamic perspectives

Technological advances in the field of medicine and health sciences not only manipulate normal human body and sex but also provides for surgical cum hormonal cure for hermaphrodites, the so called “third sex”. Consequently, sex assignment surgery not only has become a standard care for babies born w...

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Main Author: Haneef, Sayed Sikandar Shah
Format: Proceeding Paper
Language:English
Published: 2013
Subjects:
Online Access:http://irep.iium.edu.my/34381/
http://irep.iium.edu.my/34381/1/Reproductive_Medical_Technology.pdf
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author Haneef, Sayed Sikandar Shah
author_facet Haneef, Sayed Sikandar Shah
author_sort Haneef, Sayed Sikandar Shah
building IIUM Repository
collection Online Access
description Technological advances in the field of medicine and health sciences not only manipulate normal human body and sex but also provides for surgical cum hormonal cure for hermaphrodites, the so called “third sex”. Consequently, sex assignment surgery not only has become a standard care for babies born with genital abnormalities in the West but even in some Muslim rich nations such as Saudi Arabia. On positive side, it goes a long way in saving children born with abnormal sexual reproductive system from many legal interdictions which they experienced during pre-sex corrective surgery. The larger ethical and legal questions which it raises, however, have prompted certain states to give legal recognition to such children as “third sex”. The main issue therefore, is how to balance the child`s right to gender identity and her right against coerced reproductive corrective surgery during infancy. The paper, therefore, intends to highlight some reflections on this point particularly from Islamic legal perspective.
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spelling iium-343812014-02-20T01:45:18Z http://irep.iium.edu.my/34381/ Reproductive medical technology: legal implications for "third gender" from Western and Islamic perspectives Haneef, Sayed Sikandar Shah KBP1 Islamic law.Shariah.Fiqh KBP42 Legal education. Study and teaching Technological advances in the field of medicine and health sciences not only manipulate normal human body and sex but also provides for surgical cum hormonal cure for hermaphrodites, the so called “third sex”. Consequently, sex assignment surgery not only has become a standard care for babies born with genital abnormalities in the West but even in some Muslim rich nations such as Saudi Arabia. On positive side, it goes a long way in saving children born with abnormal sexual reproductive system from many legal interdictions which they experienced during pre-sex corrective surgery. The larger ethical and legal questions which it raises, however, have prompted certain states to give legal recognition to such children as “third sex”. The main issue therefore, is how to balance the child`s right to gender identity and her right against coerced reproductive corrective surgery during infancy. The paper, therefore, intends to highlight some reflections on this point particularly from Islamic legal perspective. 2013-12 Proceeding Paper NonPeerReviewed application/pdf en http://irep.iium.edu.my/34381/1/Reproductive_Medical_Technology.pdf Haneef, Sayed Sikandar Shah (2013) Reproductive medical technology: legal implications for "third gender" from Western and Islamic perspectives. In: International Conference on Innovation Challenges in Multidisciplinary Research & Practice (ICMRP 2013), 13-14 December 2013, Kuala Lumpur, Malaysia. http://www.globalilluminators.org/wp-content/uploads/2013/08/proceeding-final.pdf
spellingShingle KBP1 Islamic law.Shariah.Fiqh
KBP42 Legal education. Study and teaching
Haneef, Sayed Sikandar Shah
Reproductive medical technology: legal implications for "third gender" from Western and Islamic perspectives
title Reproductive medical technology: legal implications for "third gender" from Western and Islamic perspectives
title_full Reproductive medical technology: legal implications for "third gender" from Western and Islamic perspectives
title_fullStr Reproductive medical technology: legal implications for "third gender" from Western and Islamic perspectives
title_full_unstemmed Reproductive medical technology: legal implications for "third gender" from Western and Islamic perspectives
title_short Reproductive medical technology: legal implications for "third gender" from Western and Islamic perspectives
title_sort reproductive medical technology: legal implications for "third gender" from western and islamic perspectives
topic KBP1 Islamic law.Shariah.Fiqh
KBP42 Legal education. Study and teaching
url http://irep.iium.edu.my/34381/
http://irep.iium.edu.my/34381/
http://irep.iium.edu.my/34381/1/Reproductive_Medical_Technology.pdf