Question
In the Quran, Allah says that He grants sons to whomever He wills, grants daughters to whomever He wills, and to whomever He wills He grants neither sons nor daughters. So regarding the one whom Allah created neither male nor female, why are the Quran and Hadith silent? Did such creatures not exist 1400 years ago?
Answer
Al-hamdu lillah! Such a creature is called “mukhannath” in Arabic, and “hijra” or “khusra” in Urdu. This creature existed even in the time of the Prophet ﷺ, and the Shariah contains clear rulings regarding them. The jurists have described detailed rulings concerning them in their books. The subject has been discussed in detail in the fatawa of Shaykh Salih al-Munajjid.
➊ Definition of Mukhannath
Linguistic definition: Khunth means softness and inclination, and in terminology it refers to a person in whom the parts or signs of both male and female are present, or who has no clear sign of either sex.
➋ Types of Mukhannath
◄ Khunthā ghayr mushkil: A person in whom the clear signs of either male or female are present. In such a case, their sex is determined accordingly.
◄ Khunthā mushkil: A person in whom the signs of male and female are not fully clear, or in whom the signs of both are present. In this case, it is difficult to determine their sex.
➌ Congenital Mukhannath and Unnatural Mukhannath
◄ Congenital mukhannath: This is a person in whom both parts are present from birth, or in whom the complete signs of one sex are absent. In the Shariah, there is no sin upon such people, because this is their natural condition.
◄ Unnatural mukhannath: Those individuals who imitate women in their movements, clothing or speech; concerning them, the Hadith contains curses.
➍ Rulings for Khunthā Mushkil
◄ Their sex is determined when signs appear after puberty.
◄ If a beard grows, or if they make someone pregnant, they will be considered male.
◄ If they menstruate, breasts appear, or milk comes out, they will be female.
➎ The Matter of Marriage
◄ Khunthā mushkil: If a person’s sex cannot be determined, then marrying them is not permissible, because it is possible that they are a male marrying a male, or a female marrying a female, and in the Shariah a marriage must be between one sex and the other sex.
◄ Khunthā ghayr mushkil: If a person’s sex is determined as male or female, then marriage can be arranged accordingly.
➏ The Matter of Desire
If a person has desire but their sex cannot be determined, they are commanded to be patient, and in accordance with the guidance of the Prophet ﷺ, they are urged to fast.
➐ Marriage of a Sexually Incapable Person
The marriage of a sexually incapable person is permissible, provided they make their condition clear, and if the woman consents, their nikah can take place. If this matter is concealed before the nikah, the woman has the right to have the nikah annulled.
➑ Summary
◄ The existence of the mukhannath or hijra was present even in the time of the Prophet ﷺ, and the Shariah has clarified their rulings.
◄ A khunthā mushkil cannot be married until their sex becomes clear.
◄ Sexually incapable persons may marry, but it is necessary that their condition be known.
References
◄ Shaykh Salih al-Munajjid, regarding fatawa and jurisprudential issues:
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◄ Shaykh Muhammad ibn Salih al-Uthaymin,
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