Home » Hanafi Fiqh » Askmufti.co.za » View on Transgender

View on Transgender

Q: What is the Islamic view on transgenders?

A: This is regarding a person who has both organs; of a male and female. This person is called a Khunthaa in the books of Fiqh.

Obviously it is no fault of the person that he is born in this way. It is not permissible to ridicule tease and taunt such a person.

There are three types of Khunthaa:
1. Although the person has both organs, but he urinates from the male organ. This person will be included among the males and the laws regarding males will fall on him.

2. The person urinates from the female organ so will be included among the females. The laws related to females will fall on this person.

This applies before the person reaches maturity. After maturity, the person will be rechecked. If he experiences wet dreams like a male then he will be counted as a male. On the other hand, if the person develops breasts and other signs of being feminine the she will be included among the females.

3. When both masculine and feminine signs are equal and it cannot be determined whether the person is more male or more female then such a person is termed Khunthaa Mushkil. There are different laws regarding such a person, a few examples:

It is not permissible for a Khunthaa Mushkil to wear silk and jewellery. Both these are permissible for females. But because this person’s condition cannot be ascertained, so precaution demands that such a person not wear silk and jewellery, because of the possibility that the person may be more male.

Such a person cannot travel without a Mahram because of the possibility of being more female.

When this person dies, Ghusl will not be given because the question arises that who will render the Ghusl, male or female? The law is that this person will be given Tayammum. If a Ghayr Mahram is rendering the Tayammum then the person has to wear a cloth over the hands. A Mahram does not have to wear a cloth over the hands.

Allah Ta’aala knows best.

Moulana Yusuf Laher

This answer was collected from AskMufti.co.za, which is operated under the supervision of Mufti Siraj Desai of Darul-Uloom Abubakr, South Africa.

Read answers with similar topics:

Random Q&A

I am a woman who suffers OCD (obsessive compulsive disorder) from past 5 years; due to this I have unimaginably intense waswasa (whispers from the satan) from past 5 years. I have waswasa in wudhu (ablution) ghusl (bath), salah, fasting and in all deeds. I take a long time for wudhu and ghusl. Always I have doubt about purity. I usually take 3 or 4 bath in a day. I usually have waswasa in making intension. For 4 months the intensity of waswasa increased and I felt suddenly that I am non-Muslim. I have very bad thoughts about Allah and Prophet (saw) which I cannot say- they are very evil thoughts. These thoughts are attacking me in every moment of life. I would repeat the Shahadatain (testimony of faith) and Kalimah of Radde Kufr many times but there was a feeling inside that I did not believe it. But I NEVER EVER DO IT. Will the evil thoughts due to waswasa converts to riddath? Will the repeated taking of shahada and kalimah radde kufr become a sin? I cannot eat study and talk properly. I had met a psychiatrist and taking medicines. Besides, I still pray regularly, read Quran and fast. I got Islamic knowledge well at childhood and I always try to live in Islamic way. I know that the way to treat this waswasa is not to pay any attention to it, I really do that. Whenever waswasa occurs, I usually say `Auzu Billahi Minash Shaitanir Rajeem` and recite Ayatal Kursi, Surah Ikhlas, Muawwazatain everyday and try to move away from it. But every time I failed and paid attention to it. I know that I am wrong. I made a lot of istighfar and taubah. I would say ‘Audhu Billah’ more than 500 times in a day. I am overwhelmed with waswasa. I am afraid of meeting people because I cannot say “Audhu Billah” when I am middle of crowd. What should I do? Please advise me. I cannot get rid of these evil thoughts and I am in a state that no one knows but Allah. Please pray for me.