Lawyer
Fowzia Janahi defend in civil court for many cases relating to gender identity
disorder that comes to its office in order to file lawsuits demanding to
correct gender identity disorder, Janahi assured that the gender identity of
the person can be discovered in the eighth week of pregnancy by certain hormones that send messages to the fetus's brain, which in turn transfer the
message to gonad to do its job and then return the message to
the brain, but in case of Gender identity disorder, Gonad does not return the
message to the brain resulting in the seizure disorder. Psychologist and Endocrinologist
have proven that there is a basic determinant of sexual identity called gender
lines in the brain, which is responsible for identification and feeling of the
brain of sex to which it belongs.
Janahi
added that science discovered that the criteria for determining sex from genital
or chromosomes is not sufficient for identification, and that
there is a fundamental criterion for determining the sex of the baby, which are
genes, hormones and places and time of secretion. Studies confirmed that the transgender people carry the mind
of the sex they turned to, because the chemical structure composition of the
brain varies from male to female, and
that chromosome (Y) and chromosome (X) are only encouraging determinants for
the qualitative composition between
male and female.
From the
point of view of Sharia, the origin in the treatment of diseases is obligatory
and permissibility, and the criterion in determining the disease is the opinion
of the specialized doctors, as Allah Almighty said " O ask the people of the message if you do not know",
and in the case of legitimate necessity,
which permits the forbidden, scholars unanimously agreed that this surgery is
permissible, because preserving life is one of the five legitimate necessities indisputably.
Life that requires to be preserved is a normal life that not afflicted
by the disease and deprives it of happiness and prevents it from permissible
possessions,
The
Standing Committee for Scientific Research and Fatwa in the Kingdom of Saudi
Arabia issued a fatwa that the patient must subjected himself to the experts of
the specialist doctors, if they verified that the appearance violates the reality,
the person shall submit himself to them because the matter in this case is to
show the truth of the disease of the
patient and remove what in his body and himself of ambiguity.
Several
similar fatwas were issued by Al-Azhar scholars in Egypt; the last fatwa was
the fatwa of Al-Azhar scholar Hassan al-Janayni, preceded by the issuance of
these fatwas the former Sheikh Al-Azhar Jad al-Haq Ali Gad al-Haq- May Allah be
merciful to him- and it doesn't met with objections from Al Azhar scholars
until now.
Lawyer
Fowzia Janahi confirmed that the patients of identity disorder lives a continuous tragedy, where most of these
patients suffer from financial hardship prevents them from starting
psychological or surgical treatment for their condition which may lead them to
commit suicide, and the patient usually gets a job unworthy of him, as well as
the community does not accept patients of identity
disorder either before a correction or
after.
At the
same level, Higher Civil Court of Appeal considering an appeal filed by lawyer Janahi against the issued ruling of
dismissing case to correct gender identity for a patient of gender identity
disorder, by requiring government agencies to change the name and type of her
client in the official records on the basis that her sexual identity is
contrary to her outside appearance. She noted that her client subjected to
psychological treatment and multiple surgeries in order to correct the outside appearance
to match with real identity, and the Supreme Administrative Court ruled to dismiss the case for not changing the chromosome of the female to male, so Janahi
appealed the ruling.
