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Fatwa #364525 September 2001South Africa

What is the Islamic situation on humans born with both, male and female, sexual organs?

Answer

The jurists have discussed the laws of a hermaphrodite in great detail.

The definition of a hermaphrodite is one who is born with both male and
female organs. Before majority, in an instance where urine emerges through
the male organ or through the male organ first, then he will be regarded as
a man and the laws that apply to man will also be applied to him. If urine
is passed through the female organ or through the female organ first, then
the hermaphrodite will be considered a female.

After maturity, if the hermaphrodite shares more the appearance and
characteristic of a male or female, the hermaphrodite will be considered
accordingly.

In a case where distinction is impossible, then the hermaphrodite will
neither be considered a male nor female. A hermaphrodite's Salaat should be
performed in between the Saffs of males and females.

and Allah Ta'ala Knows Best

Mufti Ebrahim Desai
FATWA DEPT. <
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