❖ Question:
How does the birth of a Khunthā (intersex person) occur, and what Sharʿī rulings apply to such a person?
❖ Answer by: Fadīlat al-ʿĀlim Faḥd Anṣārī ḥafiẓahullāh
❖ Birth of a Khunthā
The birth of a Khunthā is like that of any other human being; however, it is a manifestation of Allah’s divine will and wisdom.
A person is classified as Khunthā when they are born with both male and female genital traits or when their sexual identity is ambiguous.
❖ Types of Khunthā According to Islamic Scholars
Islamic scholars categorize Khunthā into three types:
➊ Khunthā Dhakar (Intersex inclined toward male)
✔ The person exhibits more male-oriented characteristics (physiologically or behaviorally).
✔ In such cases, rulings of men will apply:
- Male dress code
- Male roles in worship
- Inheritance equal to a male's share
➋ Khunthā Unthā (Intersex inclined toward female)
✔ The person displays dominant female traits.
✔ Such individuals will follow the rulings of women, including:
- Ḥijāb and modesty rules
- Female-specific acts of worship
- Inheritance equal to a female's share
➌ Khunthā Mushkil (Ambiguous intersex)
✔ This type displays no clear dominance of either gender.
✔ Their condition is rare and complex, making gender assignment difficult.
✔ In such cases, Islamic jurists and scholars, in consultation with medical experts, determine rulings based on:
- Individual circumstances
- Societal conditions
- Objectives of Sharīʿah
❖ Inheritance Rulings for a Khunthā
✔ Inheritance is determined based on the gender inclination:
- If inclined toward male, then inheritance is as per male shares
- If inclined toward female, then inheritance is given as per female shares
✔ For Khunthā Mushkil, inheritance is distributed based on ijtihād (qualified juristic reasoning) by scholars after careful investigation and evaluation.
❖ Summary
❖ The birth of a Khunthā is part of Allah’s wisdom and decree.
❖ Sharʿī rulings depend on the dominant gender traits of the individual.
❖ A Khunthā Dhakar follows rulings of men, and a Khunthā Unthā follows rulings of women.
❖ A Khunthā Mushkil requires juristic evaluation for rulings and inheritance matters.
❖ Inheritance distribution is based strictly on the individual's identified or determined gender.
وَاللّٰهُ أَعْلَمُ وَعِلْمُهُ أَتَمُّ
And Allah knows best, and His knowledge is complete.
