The permissibility of marriage involving an intersex person (khunthā) in Islam depends on their determined gender and the rulings of different schools of thought.
Islamic jurisprudence addresses intersex individuals and their rights, including marriage. The key factor is determining whether the individual is predominantly male or female, based on physical characteristics and/or self-identification.
Here's a breakdown:
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Determination of Gender: Islamic scholars emphasize the need to determine the individual's primary gender through physical examination, internal organs, and hormonal evaluations. In some cases, the individual's own preference and self-identification may be considered.
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Marriage Based on Determined Gender: Once the gender is determined, marriage rules apply accordingly:
- If determined to be male: The intersex person can marry a woman.
- If determined to be female: The intersex person can marry a man.
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Khunthā Mushkil (Problematic Intersex): This refers to individuals where the gender is difficult or impossible to determine. The Hanbali school, according to Al-Khiraqī (1993), tends towards allowing these individuals to marry based on their self-validation as either male or female. However, this is not a universally accepted opinion across all schools of Islamic jurisprudence.
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Considerations and Caution: Marrying a khunthā mushkil involves navigating complex issues, and it's recommended to seek guidance from knowledgeable Islamic scholars to ensure adherence to Islamic principles and to protect the rights and well-being of all parties involved.
It is important to remember that this is a complex issue with varying opinions among Islamic scholars. Careful consideration and consultation with knowledgeable individuals are crucial in making informed decisions.
