Excerpt from “Islāmī Qānūn-e-Wirāthat” by Maulānā Abū Nuʿmān Bashīr Ahmad
The term “Khunthā” literally means softness, flexibility, or ambiguity.
A Khunthā is a person whose gender is uncertain — one in whom it is unclear whether they are male or female.
Khunthā is divided into three categories:
① Khunthā Mudhakkar (Masculine Hermaphrodite):
One in whom any sign of maleness appears, such as the growth of a beard or moustache.
② Khunthā Mu’annath (Feminine Hermaphrodite):
One in whom any sign of femaleness appears, such as menstruation or the development of breasts.
③ Khunthā Mushkil (Ambiguous Hermaphrodite):
One in whom neither male nor female signs appear, or in whom both signs are found.
A Khunthā Mudhakkar is treated as male, and a Khunthā Mu’annath is treated as female.
The discussion of inheritance specifically concerns the Khunthā Mushkil, whose gender is indeterminate.
Khunthā Mushkil is of two kinds:
① Ghayr Muntazir al-Ḥāl (Non-Expectant Case):
This refers to a Khunthā whose condition is not expected to become clear, such as an adult hermaphrodite.
According to the majority of scholars (jumhūr), such a person will be given the lesser of the two possible shares — one calculated assuming the person is male, and the other assuming the person is female.
The smaller share is granted because it is the certain (yaqīnī) portion.
If in one case the person is an heir and in the other is excluded, then they will be deprived of inheritance altogether.
According to Imām Shaʿbī رحمه الله, the Khunthā should receive half of each share — i.e., half of the male’s portion and half of the female’s portion.
② Muntazir al-Ḥāl (Expectant Case):
This refers to a Khunthā whose condition may later become clear, such as a child hermaphrodite.
In this case, the Khunthā and the other heirs will receive the smaller share for now, and the remainder will be held in reserve until the gender becomes evident.
The method is as follows:
If a deceased person leaves behind heirs including a Khunthā Mushkil, the estate is first divided twice — once assuming the Khunthā is male and once as female.
After combining the results, each heir’s smaller share is distributed, and the remaining portion (e.g., 3 parts) is kept aside until the Khunthā’s gender is determined.
❖ Linguistic Meaning
The term “Khunthā” literally means softness, flexibility, or ambiguity.
❖ Definition
A Khunthā is a person whose gender is uncertain — one in whom it is unclear whether they are male or female.
❖ Types of Khunthā
Khunthā is divided into three categories:
① Khunthā Mudhakkar (Masculine Hermaphrodite):
One in whom any sign of maleness appears, such as the growth of a beard or moustache.
② Khunthā Mu’annath (Feminine Hermaphrodite):
One in whom any sign of femaleness appears, such as menstruation or the development of breasts.
③ Khunthā Mushkil (Ambiguous Hermaphrodite):
One in whom neither male nor female signs appear, or in whom both signs are found.
❖ Note
A Khunthā Mudhakkar is treated as male, and a Khunthā Mu’annath is treated as female.
The discussion of inheritance specifically concerns the Khunthā Mushkil, whose gender is indeterminate.
❖ Method of Distribution for Khunthā Mushkil
Khunthā Mushkil is of two kinds:
① Ghayr Muntazir al-Ḥāl (Non-Expectant Case):
This refers to a Khunthā whose condition is not expected to become clear, such as an adult hermaphrodite.
According to the majority of scholars (jumhūr), such a person will be given the lesser of the two possible shares — one calculated assuming the person is male, and the other assuming the person is female.
The smaller share is granted because it is the certain (yaqīnī) portion.
If in one case the person is an heir and in the other is excluded, then they will be deprived of inheritance altogether.
According to Imām Shaʿbī رحمه الله, the Khunthā should receive half of each share — i.e., half of the male’s portion and half of the female’s portion.
② Muntazir al-Ḥāl (Expectant Case):
This refers to a Khunthā whose condition may later become clear, such as a child hermaphrodite.
In this case, the Khunthā and the other heirs will receive the smaller share for now, and the remainder will be held in reserve until the gender becomes evident.
❖ Calculation Method
The method is as follows:
- Prepare two separate inheritance problems (masā’il) — one treating the Khunthā as male, and the other as female.
- Compare the two results:
- If there is tawāfuq (agreement), multiply one denominator’s wafq by the other’s total.
- If there is tabāyun (no common multiple), multiply one total by the other total.
- The product is called “Jāmiʿat al-Khunthā” (the common denominator).
- Determine each heir’s share as follows:
- The share received under the male assumption is multiplied by the female problem’s denominator.
- The share received under the female assumption is multiplied by the male problem’s denominator.
- The heir receives the smaller of the two results, while the remainder remains reserved until the Khunthā’s condition becomes clear.
❖ Example
If a deceased person leaves behind heirs including a Khunthā Mushkil, the estate is first divided twice — once assuming the Khunthā is male and once as female.
After combining the results, each heir’s smaller share is distributed, and the remaining portion (e.g., 3 parts) is kept aside until the Khunthā’s gender is determined.
Summary
- Khunthā Mushkil refers to a person whose gender cannot be ascertained.
- Their inheritance is determined through dual assumption (male and female).
- If the case is non-expectant, the smaller share is given permanently.
- If the case is expectant, the smaller share is given temporarily, and the rest is held until clarification.
