Re: Some of the answers to the questions that I've asked...
Hermaphrodite/Heejray
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Question: Some people in Pakistan are born half males and females. Also known as 'heejray'. What does Islam have to say about such people, as they do not choose to be like this, but they are born with some male organs and with some female organs. How does Islam look at them, how are we suppose to treat them and any other details related to it would be good.
Dear questioner:
Al-Salâm `Alaykum wa Rahmah Allah wa Barakâtuh.
A person who is physically in between a man or a woman with respect to sex organs may have surgery to make that person according to the sex to which that person is closest. Thereafter, that person will take the ruling of that sex in all matters.
If a hermaphrodite is similar to women by the presence of breasts, a menstrual cycle or urinates like a woman, then he should be treated as a woman and undergo a surgery to remove his male member. But, if he is urinates like men (according to a doctor’s assessment) hair grows on his face, or other signs of masculinity are present, then he should be treated as a male. He should not get married until his predominant gender is clear. This would generally only be clarified after puberty.
Fatwâ Department Research Committee of IslamToday chaired by Sheikh `Abd al-Wahhâb al-Turayrî
Please read the following discussion from our archives for further clarification:
By Sheikh Fahd al-Yahyâ
Professor at Imam University
All praise is due to Allah,
The scholars have listed some signs to help determine the sex of a hermaphrodite. Thereafter the rulings can be determined.
- Urination. This is the most important and comprehensive indication, since it is the only one that exists before puberty. This is the sign that the people of knowledge agreed on. Ibn al-Mundhir said: “The people of knowledge that we know of have agreed that the hermaphrodite will inherit according to how he urinates. If he urinates in the same way that the male does, then he is a male, and likewise, if he urinate in the same way that the female does, then he will be considered a female.
We can determine the hermaphrodite’s sex by consideration of urine by looking from where he urinates. If he urinates from the male organ then he is a male. If he urinates from female organ then he is a female. Basically, he is urinating from the original organ while the other opening will be determined to be the defect.
If he urinates from the two openings, then the initial one to operate will be considered. This is observed for each time that he urinates and greater frequency will be the decisive factor. If the two openings are exactly the same, then we should look for other signs.
Ejaculation of sperm. If semen comes out from the male organ, he will be considered a male, while if sexual fluids come out from the female organ, he will be considered a female.
Sexual attraction. If he is attracted to women he will be considered a man and if he is attracted to men he will be considered a woman. It is worth saying that this sign will not be taken into consideration unless there is failure in making a determination based on the other signs.
There are other signs that indicate the gender. The beard and, according to Imam al-Suyûtî, bravery and horsemanship. Some signs that indicate femininity are menses, pregnancy, breast size and lactation.
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