Bismillāhi Raḥmāni Raḥīm
Date: 1st Rabbiu- Thānni, 1442 A. H / 16th November, 2020
Subject: Al-Farā’id (The Islamic Law of Inheritance)
Lesson: 102
Topic: Hermaphrodite’s Inheritance (Mirāth Al-Khunthā): Part 1
Salām Alaykum Warahmatullāh Wabarakātuh,
Dear Participants,

One of the beauties of Islām and its law (Sharī‘ah) is that it is all inclusive in its scheme of application. Under Islamic law of inheritance, every eligible heir is captured and he or she is not expected to be denied the rightful shares of inheritance except through the institutionalized impediment to inheritance (Mawāni’ al-Mīrāth). In recognition of this fact, we intend to discuss the inheritance rights of hermaphrodite under Islamic law.
It is must be noted that there are two distinct genders (Masculine and Feminine) recognized by the Qur’ān and they are both included in the scheme of inheritance distribution as enunciated in Surah al-Nisāi. However, no such explicit analysis, recognition nor provision was made exclusively for hermaphrodite (Al-Khunthā) which sometimes occurred among human being. It is on this premise of non-provision that the Muslim Jurists devised rules for the inheritance right of Al-Khunthā in order to protect them financially and recognize their legitimacy as heirs.
Literarily, hermaphrodite (Al-Khunthā) means “double” and in classical Arabic and under Islamic Jurisprudence, it is also known as “Al-Mukhanath”. Scientifically, in gender classification of mammals, there are three distinct groups; the masculine, feminine and neuter or androgynous. The last classification (neuter or androgynous) is medically believed to be someone who does not conform to arbitrarily quantified criteria for the male and female body and has confusing sex; hence, such person is termed “hermaphrodite”. Medically, hermaphrodite is termed “Disorder of Sexual Development- DSD” or “Pseudohermaphroditism”. Furthermore, under Islamic law, there are two types of hermaphrodite; namely:
a. Al-Khunthā Al-Mushkil (Ambiguous Hermaphrodite): This is a type of hermaphrodite that possesses both male and female sexual organs, or has neither but whose urinary tract ends with an aperture. This Al-Khunthā Al-Mushkil is also referred to as “Transgender”
b. Al-Khunthā Ghayr Al-Mushkil (Easy to Discern Hermaphrodite):This type of hermaphrodite possesses and exhibits both masculine and feminine traits but one is predominant.
Inshā’ Allāh, we shall continue the discussion in our next class.
Jazākumullāhu Khayran for reading today’s lesson.
Yours in Islām
©Busari Muhammad Jamiu (Abū ‘Ᾱishah)
The Founder/Instructor
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