Marriage - To a Hermaphrodite Girl
  • Question:

    My question is that can a Muslim marry with a hermaphrodite girl? is it permissible to marry with a hermaphrodite girl? Please answer my question with Quran or Hadith if possible.

    Assalamu Alaikum wa rahmatullahi wa Barakatuh

    Thank you for your question.

    The scholars have spoken at length about the topic of hermaphrodites and before I address you questions I want to make clear that:

    1. The hermaphrodite is not evil or nor considered sinful since this is the way they were created
    2. No jurist in history said that they should not enjoy the full rights of other human beings
    3. No jurist in history considered them to be outcasts

    With that being said, a hermaphrodite falls into 1 of 2 categories:
    1. Having the dominant traits of a specific gender but having some traits that belong to the other.
    2. Having an equal or near equal amount of traits belonging to each gender.

    This would be determined by which organ is used for urination, sexuality, etc. It also depends upon whether the person demonstrates a certain tendency at the age of puberty/maturity which would be determined by menstruation, organ growth, facial hair, etc.

    It seems from the way your question was asked that the sister belongs to category 1. In this case, the sister should undergo necessary treatment to confirm her gender as a woman and it would be permissible to marry her.

    And Allah knows best.

    Answered by Shaykh Omar Suleiman
    Hadith of the Day Imam
    Director – Islamic Learning Foundation
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