Source: Fatawa of the Scholars of Hadith
The root "Khunth" refers to softness and inclination.
Terminological Definition:
It refers to a person who possesses the physical traits or characteristics of both male and female, or one who does not have clear indicators of either gender.
A person who has clear signs of either being male or female. The gender is determined based on these signs.
◄ Khuntha Mushkil:
A person in whom the indicators of both genders are either unclear or equally present. Determining the gender in such a case is difficult.
Such a person is born with both sets of organs or lacks complete signs of a single gender. There is no sin upon them as this is their natural state.
◄ Unnatural Khuntha:
These are individuals who imitate women in behavior, dress, or speech. Hadiths have strongly condemned such imitation and invoked curses upon it.
◄ If facial hair develops or the person is capable of impregnating someone, he is considered male.
◄ If menstruation occurs, breasts develop, or lactation is possible, she is considered female.
If a person’s gender remains indeterminate, marriage is not permissible, as it may result in same-gender relations, which are prohibited in Islam.
◄ Khuntha Ghayr Mushkil:
If gender determination is achieved, marriage may proceed according to the identified gender.
◄ A Khuntha Mushkil may not marry until gender clarity is achieved.
◄ Marriage of sexually incapable individuals is valid, but transparency about their condition is essential.
◄ Al-Mughni by Ibn Qudamah, Vol. 7, p. 319
◄ Shaykh Muhammad ibn Salih al-‘Uthaymeen, Al-Sharh Al-Mumti‘, Vol. 12, pp. 160–161, 211
◄ Manar al-Sabil by Shaykh Ibrahim ibn Muhammad ibn Salim Duwaiyan, Vol. 2, p. 911
❖ Question
The Qur'an states that Allah grants sons to whom He wills, daughters to whom He wills, and to whom He wills, He gives neither sons nor daughters. So what about those whom Allah has created neither male nor female? Why are the Qur'an and Hadith silent on this issue? Were such beings not created 1400 years ago?❖ Answer
All praise is due to Allah! Such individuals are referred to in Arabic as "Khuntha" and in Urdu as "Hijra" or "Khusra". These individuals existed during the time of the Prophet Muhammad ﷺ, and Islamic law contains clear rulings regarding them. Jurists have detailed discussions on their rulings in classical jurisprudential texts. Shaykh Salih Al-Munajjid has extensively discussed this subject in his fatawa.➊ Definition of Khuntha
Linguistic Definition:The root "Khunth" refers to softness and inclination.
Terminological Definition:
It refers to a person who possesses the physical traits or characteristics of both male and female, or one who does not have clear indicators of either gender.
➋ Types of Khuntha
◄ Khuntha Ghayr Mushkil:A person who has clear signs of either being male or female. The gender is determined based on these signs.
◄ Khuntha Mushkil:
A person in whom the indicators of both genders are either unclear or equally present. Determining the gender in such a case is difficult.
➌ Natural vs. Unnatural Khuntha
◄ Natural Khuntha:Such a person is born with both sets of organs or lacks complete signs of a single gender. There is no sin upon them as this is their natural state.
◄ Unnatural Khuntha:
These are individuals who imitate women in behavior, dress, or speech. Hadiths have strongly condemned such imitation and invoked curses upon it.
➍ Rulings Regarding Khuntha Mushkil
◄ Upon reaching puberty, the gender is determined by whichever characteristics become evident.◄ If facial hair develops or the person is capable of impregnating someone, he is considered male.
◄ If menstruation occurs, breasts develop, or lactation is possible, she is considered female.
➎ Marriage Rulings
◄ Khuntha Mushkil:If a person’s gender remains indeterminate, marriage is not permissible, as it may result in same-gender relations, which are prohibited in Islam.
◄ Khuntha Ghayr Mushkil:
If gender determination is achieved, marriage may proceed according to the identified gender.
➏ Issue of Sexual Desire
If such a person possesses sexual desire but their gender is indeterminate, they are advised to practice patience and are recommended to observe fasting, as instructed by the Prophet Muhammad ﷺ.➐ Marriage of a Sexually Incapable Person
Marriage is permissible for a sexually incapable person, provided they disclose their condition. If the woman consents, the marriage can take place. However, if this is concealed prior to marriage, the woman has the right to annul the marriage.➑ Summary
◄ Intersex individuals existed during the time of the Prophet Muhammad ﷺ, and Islamic law has addressed their rulings.◄ A Khuntha Mushkil may not marry until gender clarity is achieved.
◄ Marriage of sexually incapable individuals is valid, but transparency about their condition is essential.
❖ References
◄ Shaykh Salih Al-Munajjid, Fatawa and jurisprudential references: Al-Mawsu‘ah Al-Fiqhiyyah, Vol. 20, pp. 21–23, and Vol. 31, p. 16◄ Al-Mughni by Ibn Qudamah, Vol. 7, p. 319
◄ Shaykh Muhammad ibn Salih al-‘Uthaymeen, Al-Sharh Al-Mumti‘, Vol. 12, pp. 160–161, 211
◄ Manar al-Sabil by Shaykh Ibrahim ibn Muhammad ibn Salim Duwaiyan, Vol. 2, p. 911
