Why Does Iran Ban Homosexuality but Allow Sex Change Surgery?

This is surprisingly old news. Iran criminalizes homosexuality while making sex reassignment surgery legal. When I first heard this, I thought it was recent news. I thought, "Maybe Iran has become more liberal in its culture." Imagine my surprise to see that this was very old news, like its over 10 years old.

[Disclaimer: Upon publishing this blog post, this is a months old draft I had that was incomplete, I tidied up the words for easiness to read without outright removing my findings and observations, then completed it as best as I can.]

"What does this mean?" was my first thought. Iran is an Islamic country (the majority of its population is Muslim, and Islamic law is applicable there), so its laws are bound (or at least should be bound) to the teachings of Islam.

Does this mean that Islam, as a religion, acknowledges the claim that a person's "true gender" is different from their biological sex? Does Islam subscribe to the idea that sex and gender are two different concepts?

Ehh... Seeing as Iran seems to be the only country legalizing this, the answer is probably not. But then that raises another question.

If that's the case, why does Iran allow sex reassignment surgery in the first place? Is Iran interpreting Islam differently? Is it committing heresy from the perspective of mainstream Islamic theology? A pragmatic reason (for money)? Or is there another explanation entirely?

That's what we are going to find out today.

Facts to know before we tackle on the topic

Homosexuality Is Illegal in Iran

Iran criminalizes same-sex sexual activity. Depending on the offense and the circumstances, the punishment can range from flogging to the death penalty. Same-sex marriage is also not legally recognized.

Sex Reassignment Surgery Is Legal (but limited)

Despite criminalizing homosexuality, Iran legally allows sex reassignment surgery. In fact, it is one of the few countries in the Middle East where people can legally undergo sex change surgery.

Not Everyone Can Simply Request Surgery

Applicants usually have to undergo psychological and psychiatric evaluations, receive a diagnosis of gender dysphoria, and obtain legal approval before they can change their official documents. In other words, people dragonized with gender dysphoria are the only people who qualifies to undergo sex change surgery.

Trans are legally the gender they changed into

Technically, in the eyes of Iran, as long as the surgery was done in the country and they approved the surgery to undergo, the person who changed their gender is legally recognized as the gender they changed into.

In other words, if a man legally transitions to a woman through Iran's approved process and the state recognizes the change, then if the same person marry and made love with another guy, in the eyes of Iran's law, it is not considered homosexuality behavior and thus not illegal (Whether it is haram or not is debatable).

https://www.berghahnjournals.com/view/journals/ame/20/1/ame200103.xml

(Not gonna lie, this sounds like a loophole for gay relationships to happen. Because, it's one thing to "treat" a mental condition and another to acutally LEGALLY change their gender.)

Iran does not view Homosexuality and Being Transgender as the Same Thing

As mentioned earlier, Iran does not view homosexuality and being transgender as the same thing. Homosexuality is considered a sin and a crime under its interpretation of Islamic law, while being transgender is treated as a mental sickness.

In the late 1980s, Muhammad Sayyid Tantawi of Egypt issued a fatwa supporting the right for those who fit the description of mukhannathun to have sex reassignment surgery; Tantawy seems to have associated the mukhannathun with the concept of hermaphroditism or intersex individuals. Ruhollah Khomeini of Iran issued similar fatwas around the same time. Khomeini's initial fatwa concerned intersex individuals as well, but he later specified that sex reassignment surgery was also permissible in the case of transgender individuals. Because homosexuality is illegal in Iran but gender transition is legal, some gay individuals have been forced to undergo sex reassignment surgery and transition into the opposite sex, regardless of their actual gender identity. Due to Khomeini's fatwas allowing sex reassignment surgery for intersex and transgender individuals, It is sanctioned as a supposed "cure" for homosexuality, which is punishable by death penalty under Iranian law. The Iranian government even provides up to half the cost for those needing financial assistance and a sex change is recognised on the birth certificate. - Wikipedia

Possible Reasons

A way to legalize the existence of Homosexual people / People suffering from Gender Dysphoria without committing Haram

Homosexual relations is haram, that is a closed and shut-case.

Framing homosexuality as a medical condition, specifically, gender dysphoria, however, will save/spare the lives of people who are "suffering" from this mental ailment from the death penalty.

A source of revenue for the country

Judging how Iran is making this program of theirs available to foreigners and even actively promoting it, we can safely assume that they have financial incentives to keep this program legalized.

For more information about this check these websites: