Furthermore, transsexual body has gained meaning through religious and medical discourses by others within a framework of power relations. Moreover, intersectional analysis of the interviews demonstrate legal misrecognition of transsexuality creates space for a discourse which in itself leads to misrecognition of other gender identities such as homosexuals and women transsexuals. Using twenty semi structured interviews for data gathering, intersectional content analysis, and feminist methodologies, the findings indicate that Iranian transsexual persons have reconstructed and redefined gender and gender relations that informs their understanding of gender and sexuality beyond the existing Islamic legal and social norms. The law’s limited understanding of transsexual identity has amounted to misrecognition of transsexual person’s status within law and society. Sex change surgery is allowed through Islamic law, and not Iranian legislation, in response to the existing social facts and norms, on the one hand, and structural cooperation with medical system, on the other. However, this has not resulted in either the legalization of sex change surgery, nor in the recognition of transsexual identity within Iranian substantive law.
Therefore, a medical and judicial process of transition has been regulated accordingly. Sex change surgery has been practiced in Iran under juristic legal opinion (fatwa) in 1982. This paper investigates transsexuality within Iranian law and society in order to understand the complexity of power relations between various social structures, discourses and practices that emerge to produce knowledge and constitute transsexual gender identity, yet again within social and individual gendered relations.
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