Ruling on hermaphrodite
Fatwa no. 21058 All Praise is due to Allah Alone and peace and blessing be upon the last Prophet. To commence:The Permanent Committee for Scholarly Research and Ifta' has perused the letter submitted to His Honor, the Grand Mufty by Dr. Nasir Al-Musa, the General Supervisor of Special Education in the Ministry of Education no. 15/22/27 on 28/7/1420 A.H. Attached to the letter is the question submitted to (Part No. 25; Page No. 51) them by the questioner (...) and which is referred to the Committee from the Secretariat General of the Council of Senior Scholar no. 3979 on 29/7/1420 A.H. The text of the question is as follows:I am a college girl and I will be graduating after one year. I am 25 years old and until now I have not had my menses like other girls. I have a small and weak penis, the length of a finger. I suffer from great distress and trouble and I have started to doubt the validity of my worship, and I cannot find anyone except Your Honor to answer my questions:1 - What is the ruling of Islam on my case which is called "bisexual"?2 - Am I guilty if I have feelings against my nature?3 - What is the ruling on my acts of worship such as Salah (prayer), Sawm (fasting) and others?4 - What is the ruling on bisexuals concerning the issues of inheritance and others?5 - What is the ruling on Sex Reassignment Surgery? What is the ruling if it is necessary for a person to change his/her sex while he/she has been known to be a particular gender for many years? For example, everybody treats me as a girl; is there any harm to become a boy if there is a necessity? (Part No. 25; Page No. 52) What is the ruling if one of the parents objects fearing that people will talk, scandal, etc.? Is this considered a punishment for parental sins? Would you kindly advise? Would you send the letter to my home to avoid a scandal? Thank you, and peace be upon you.
After the Committee studied the case, its answer comes as follows: A Muslim must believe in the predestination of Allah whether good or bad, bitter or sweet and be accepting and content. He/she must submit to the preordainment of Allah and be patient regarding difficulties such as deformation or encumbrance that is abnormal including being bisexual. When a person has patience and hopes for the divine reward, Allah will reward him for this. He should avoid discontent and anxiety because it weakens the faith and leads to sins.If this is well known, then those who were born as bisexual are of two kinds: The first case is: The clear and definite bisexual whose signs of masculinity overcome other signs of femininity, in which case one will be classified as a male regarding acts of worship and other matters. It is permissible to treat him to remove ambiguity. Others are those whose signs of femininity overcome masculinity and in this case will be treated as female in acts of worship and other matters. Treatment is permissible to remove ambiguity. The second case is: The unclear and indefinite bisexual whose signs of masculinity or femininity are not clear at the time of puberty, dies at a young age, or the signs are not clear. In this case, he should be treated according to what is more cautious concerning acts of worship and other matters. (Part No. 25; Page No. 53) May Allah grant us success. May peace and blessings be upon our Prophet Muhammad, his family, and Companions.
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