Q: Should hermaphrodites disclose information?
As Salaam Alaikum, Does someone who was born Intersexed (a hermaphrodite, with male and female parts) need to disclose this information to anyone? I am asking this question, because I have done careful research on this matter - I was born with such a condition, and when I was old enough, corrective surgury was done - I am genetically female, and function as a normal woman should (menses, etc) I am a new muslimah though, and while I found the following on fatwa-online, I am unclear as to whether I have a responsibility to disclose this to other muslimahs that I may meet (I currently only know a few muslimah\’s from an e-group, I don\’t know anyone in person)I have a few slight masculine features - something that I loath, and can not help, these are slight facial hair (I do shave it, but it is not bad) and a slightly lower voice than most women have. I would like some information regarding if I should disclose this to anyone, and if it is permissible for me to marry - I have all female organs now, the others were removed. I have included the information that I found on another website (fatwa-online) Insha Allah you will be able to help me with this. Regarding the one who has both Male and Female organs *Please appropriately reference this fatwa to: www.fatwa-online.com, thankyou!*
Question: Is the one who has both male and female (sexual) organs to be treated as a female, bearing in mind his affair has not yet become clear (as to whether he is male or female)? And are all the rulings which are specific to a woman applicable to him (also)?
Response: Regarding such a person, some explanation is required. Before attaining puberty there is (some) doubt; Is he (to be considered) a male or female because he has two (sexual) organs, a female organ and a male organ. However, in most cases after attaining puberty his masculinity or femininity becomes apparent. So, if there appears (upon him) that which indicates he is a woman, such as the appearance of both his breasts, or there appears upon him that which distinguishes him from the men such as menses, or urinating from the female organ, then (in this case) he is to be regarded as a woman and (as such) his male organ is to be surgically removed with care. And if there appears (upon him) that which indicates he is a man, such as the growing of the beard and urinating from the male organ and other than that which the doctors are aware of, then he is to be regarded as a man. And before (all this) he is to remain (in a state of ambiguity) until his matter becomes apparent; So he is not to be married off until it is apparent he is (clearly) a man or a woman. And this occurs after attaining puberty as the scholars have stated. Shaykh Ibn Baaz al-Fataawa al-Muta`alliqah bit-Tibb wa Ahkaam al-Mardhaa
Alhamdu-li-llah wa as-Salatu wa as-Salamu ‘ala Rasool-il-llah,
May Allah reward you sister for seeking the religious ruling regarding your condition.
Firstly, there is no sin incurred by someone because of the way they were created.
Secondly, it is unclear whether you were a true or pseudo-hermaphrodite, but if you are genetically female 46XX, as you said, then you were likely pseudo-hermaphrodite. In this second case, it is easier to function as a woman.
Thirdly, it is allowable for you to get married since you have an obvious female identity, as well as having female organs. For the true hermaphrodite, they may also – according to the correct position - get married if they have a leaning towards one sex.
Fourthly, you don’t have to tell anyone about your condition except a suitor. It is obligatory, because of the nature of marriage, that it be based on clarity and mutual disclosure of all issues that may affect the conjugal relationship.
Allah knows best.
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