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﴿ فَاسْأَلُوا أَهْلَ الذِّكْرِ إِن كُنتُمْ لَا تَعْلَمُونَ ﴾

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The Ruling on Treating a Hermaphrodite Child

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Question:
Another questioner says: I have a son who is four years and four months old. Allah (Glorified and Exalted is He) created him with a penis attached to the bottom, and He created for him a scrotum, and he urinates from an opening at the bottom. We circumcised him at home, and we took him back to the hospital in the southern region regarding the circumcision, but they told us that he is still too young. They examined him externally and said that there is a space in him, but Allah knows best. But Allah knows best. They told us to wait until he is older, and then to return to the hospital. After that, we took him to the hospital in Riyadh, and they tested his blood and urine, may Allah reward you with good. They took X-rays of him, and after that, they said that he is ninety-nine percent female, according to the blood test results. They told me that he is not suitable to be a man, but rather a woman. However, from his behavior, he appears to be a man; he always goes to the mosque and always sits in the gatherings of men, and he does not like to mix with women much. The question here is, Your Eminence the Shaykh, what is your opinion regarding the doctors' words from the legal perspective? Do I agree to change him to a female as they mentioned, or do I leave him as the one who created him made him, and let him grow up or die? I am confused by this.

Answer:
This is a lesson. The Islamic Fiqh Academy, in the year of the gathering, mentioned that the obligation is to present the case to specialized doctors. If what appears from him is evidence that he is, in the majority and most cases, a man, it is not permissible to treat him and make him a woman, because he is a man. And if what appears indicates that he is a woman, and the doctors see the characteristics of women, but a surplus of the male organ is found in him, or something comes that contradicts the reality, then they should exert their judgment in that. The point is that they look at what is the majority in him and what is most prevalent in him. If the majority in him is the characteristics of women, they correct what is in him of error. The error means the surpluses that Allah intended to be a lesson for people.
Our Lord is Wise and Knowing (Exalted and Majestic is He). The surpluses are like what has come to some people. Yes. Six companions, or perhaps it happens to people in a state of intoxication, in which Allah (Glorified and Exalted is He) has a wisdom. He is not unaware (Exalted and Majestic is He), but He wants to test His servants. He wants to show His servants the lesson. So, if it appears to the specialized doctors that the majority in him is the characteristics of women, they make him a woman and remove the surpluses that deform the appearance. And if it prevails that the majority in him is that he is a man, and the thing that indicates femininity is little, they remove it and make him a man and treat him until his manhood is established according to what appeared to them from his condition and what they studied of his state. This is the detailed ruling, and it is not permissible for those who are not specialists to act in this matter. And the guardian of the person who is responsible for this child must take care of that with the doctors and the specialists, and Allah (Exalted and Majestic is He).
Source قناة «فضيلة الشيخ ابن باز Alsheikh Binbaz»، 194 ما كيفية التعامل مع الخنثى؟هل يجب الاعتداد بقول الأطباء في تحديد جنس الخنثى؟ للإمام ابن باز — youtube.com

The Arabic text is a machine transcription of the audio recording.

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