Foundations of Gender and Rulings on Intersex Individuals in Islam◈ Gender Determination in Islam
From an Islamic perspective, gender determination is a part of Allah’s eternal decree and is an unchangeable reality. It is established at the time of birth through physical sexual organs, and a person’s gender cannot be altered through psychological inclinations or hormonal changes. Jurists define Khuntha (intersex) and issue rulings based strictly on this fundamental principle.
◈ Shar‘i Definition of Khuntha
A Khuntha is a person with ambiguous genitalia, meaning that they possess both male and female reproductive organs, or neither organ is clearly identifiable.
(Reference: ʿAllāmah Ḥaṣkafī in Ḥāshiyat Ibn ʿĀbidīn, Vol. 6, p. 727)
◈ Types of Khuntha
✔ Khuntha Ghayr Mushkil (Unambiguous Intersex):
A Khuntha whose genitalia clearly indicate gender, for example, if the place of urination determines male or female status, then such a person is termed Khuntha Ghayr Mushkil.
✔ Khuntha Mushkil (Ambiguous Intersex):
A Khuntha whose gender cannot be clearly determined, and there is no obvious inclination toward either sex. This situation is complex, and multiple juristic methods are employed for determining the ruling, based on the principles of Shari‘ah.
◈ How Gender is Determined for Khuntha
1. Based on the Place of Urination:
Islamic jurists primarily determine the gender of a Khuntha by observing the organ used for urination.
It is narrated from Sayyidunā ʿAlī (RA) and other Companions that inheritance and other rulings were based on this principle.(Muṣannaf ʿAbd al-Razzāq, Vol. 8, p. 389)
“A Khuntha will inherit based on the organ used for urination. If urination occurs through the male organ, he is male; if through the female organ, she is female.”
(Ibn Qudāmah, al-Mughnī, Vol. 9, p. 108)
2. Additional Criteria for Khuntha Mushkil:
- If urination occurs from both organs, gender is determined based on which organ emits urine first.
- After puberty, attention is given to physical developments such as beard growth or breast development.
◈ Gender Determination in Light of Genetics
Modern genetic science affirms that gender is fundamentally determined by visible physical organs, which are formed based on genotypic structures. Even in exceptional cases, gender determination remains rooted in external anatomy, such as in conditions like "XX male" or "XY female."
◈ Jurisprudential Rulings Related to Khuntha
① Inheritance Laws:
- If a Khuntha is confirmed to be male, he receives the male’s share in inheritance.
- If confirmed to be female, she receives the female’s share.
- If Khuntha Mushkil, then they receive half the share of both male and female.
(Ḥāshiyat Ibn ʿĀbidīn, Vol. 6, p. 727)
② Rulings on Marriage:
- If confirmed male, marriage is permitted with a female.
- If confirmed female, marriage is permitted with a male.
- If Khuntha Mushkil, marriage is not permitted until gender is definitively established.
③ Prayer and Acts of Worship:
- For Khuntha Mushkil, rulings from both male and female perspectives are considered in matters of prayer, attire, and congregational alignment.
◈ Shar‘i Ruling on Gender Reassignment
✔ Ruling on Organ Alteration:
Undergoing surgery to change sexual organs—such as a man transforming into a woman or vice versa—is considered ḥarām (forbidden) in Shari‘ah. This is because it constitutes unnatural interference in the creation of Allah.
According to jurists, gender is based on primary sexual organs, and surgical alteration of external appearance does not change one's gender.
◈ Psychological Claims of Gender Change
- A claim to have changed gender due to psychological or conscious perception is not legally valid in Islamic law.
- A person is bound to the gender Allah created them with.
- The Qur’an condemns tampering with Allah’s creation through satanic whispers:
"وَلَآمُرَنَّهُمْ فَلَيُغَيِّرُنَّ خَلْقَ اللَّهِ"
"And I will surely command them so they will change the creation of Allah."
(Sūrat al-Nisā’, 4:119)
◈ Social Conduct with Transgender Individuals
Islam emphasizes respect for every human being, but this does not imply overlooking the rules of Shari‘ah.
- If someone claims to be a different gender due to psychological or conscious feelings, Islam commands good conduct toward them.
- However, such claims do not carry legal weight in Sharī‘ah and cannot be validated.
- The Prophetic biography contains examples of proper guidance for such individuals, without legitimizing any action that contradicts Islamic rulings.
❀ Conclusion
In Islam, gender is a fixed reality, determined by biological organs at birth, and is not subject to change either through genetics or psychology. The Shari‘ah outlines clear and definitive rulings for both Khuntha and Khuntha Mushkil, verified by the consensus of Islamic jurists.
Gender reassignment and psychological claims to switch gender are prohibited from a Shar‘i standpoint.
