Ruling of Transsexuality and its effect in marriage Contract According to Saudi System and Kuwaiti Law ( A Comparative Study )

Abstract

Our world lives a dual system (male and female), the social balance in roles performance and the continuation in the conservation of offspring among the world communities. Against this order, which forms the general base، there are some exceptions regarding those who suffer from sexual identity disorder. They stand in a mysterious area belongs to both sex types (male and female, meanwhile, there is nothing to make it clear whether they are males or females. This aspect is considered as the psychological justification in the tendency to get rid of this case to demand a transsexuality, which is illegal in all cases because it is not authorized by all lawmakers since it is a single justification and not supported by another one.

At the time transsexuality becomes a legitimate right، whether by hormone medicaments or by surgical operations، it will result in some effects especially those relate to marriage contract، which this study cares about, regarding the continuation and nature of ending the marital relationship according to the Saudi system and Kuwaiti legislation.

This study has concluded several results and recommendations, which the most significant of them all is setting up organized and clear laws concerning transsexuality according to legislation point of view, "provisions and procedures".

Keywords: sex change, straightening sex, bisexual, homosexuality, sex change processes, marriage contract.