Islamic Ruling on Khunthā (Intersex/ Hermaphrodite), Eunuchs, and Marriage Issues
Source: Fatāwā ʿUlamāʾ Ahl al-Ḥadīth
❖ Question
The Qur’an mentions that Allah grants sons to whom He wills, daughters to whom He wills, both sons and daughters to whom He wills, and keeps barren whom He wills. But what about the one whom Allah has not made clearly male or female? Why does the Qur’an and Sunnah appear silent on this? Did such people not exist 1400 years ago? Kindly explain in detail.
❖ Answer
Al-ḥamdu lillāh, waṣ-ṣalātu wa-s-salāmu ʿalā Rasūlillāh, Ammā Baʿd!
Such individuals are referred to in Arabic as “mukhannath” and in Urdu as hijra or khusra. This creation did exist in the time of the Prophet ﷺ, and the Sharīʿah has provided full guidance regarding them. The fuqahāʾ (jurists) have discussed these issues in detail.
① Definition of Khunthā
- Linguistic: One who is neither fully male nor fully female, or who has both sets of organs.
- Sharʿī:
◈ A person with both male and female sexual organs.
◈ Or one with neither organ, only a urinary opening.
② Types of Mukhannath
- Mukhannath (with fatḥah on the nūn): A man who imitates women in speech, behavior, and mannerisms.
◈ If natural, no sin.
◈ If deliberate, it is cursed in authentic aḥādīth. - Khunthā:
◈ Khunthā ghayr mushkil: Clear signs show male or female identity.
◈ Khunthā mushkil: No clear signs, or conflicting signs exist.
③ Determining Gender
- Before puberty:
◈ If urine exits from male organ → male.
◈ If from female organ → female. - After puberty: Look for signs.
◈ Male signs: beard, ejaculation from male organ, ability to impregnate, courage.
◈ Female signs: breasts, milk, menstruation, childbirth. - If no signs: look at inclination.
◈ Inclined to women → male.
◈ Inclined to men → female.
◈ No inclination → remains “mushkil.”
④ Ruling on Marriage
- Khunthā ghayr mushkil: May marry according to clarified gender.
- Khunthā mushkil: Marriage not valid until gender clarified.
Ibn Qudāmah (رحمه الله): If a khunthā mushkil claims to be male or female, the claim is accepted only according to inclination and desire. (al-Mughnī 7/319)
Shaykh Ibn ʿUthaymīn (رحمه الله): Marriage of khunthā mushkil is not permissible until gender is determined. (al-Sharḥ al-Mumtiʿ 12/160)
⑤ If Desire Exists
- Such a person is advised to be patient and fast.
- The Prophet ﷺ said:
“Whoever among you can afford marriage, let him marry, for it restrains the gaze and protects chastity. Whoever cannot, let him fast.” (al-Sharḥ al-Mumtiʿ 12/161)
⑥ Sexually Impotent Person
- If a man is impotent but not intersex, marriage is permissible, provided he discloses his condition.
- The woman has the right to annul the marriage.
- al-Mawsūʿah al-Fiqhiyyah (31/16): Sexual weakness is a valid cause for annulment.
- If the woman accepts, the marriage is valid for companionship, love, and other purposes.
◈ Conclusion
- Khunthā mushkil (uncertain gender): Marriage invalid until gender is clarified.
- Khunthā ghayr mushkil (clear gender): Marriage valid according to gender.
- Impotent man: Marriage valid but concealment is sinful.
Medical expertise may be sought to determine the true condition.
والله أعلم بالصواب
