“Transgender in Islam: Basic Rulings”

A khuntha (intersex / hermaphrodite) is a person who is born with both male and female private parts, or with neither clearly formed.

After birth, the child’s gender is determined based on how they urinate:

If the child urinates from the male organ, they are considered male.

If they urinate from the female organ, they are considered female.

The other organ is then treated as an extra or undeveloped part.

If urine comes from both organs one after the other, then:

The organ from which urine comes first will determine the gender.

If urine comes from both at the same time:

The child is called “Khuntha Mushkil” (a difficult/uncertain case) until puberty.

After puberty:

If male signs appear (such as experiencing ejaculation in dreams or growing a beard), the person is considered male.

If female signs appear (such as breast development, milk production, menstruation, or pregnancy), the person is considered female.

If both organs exist, these signs will determine the gender.

If neither male nor female organ exists, and urine comes from another opening that does not resemble either:

This person is also considered Khuntha Mushkil.

Also, if the signs are conflicting, the person is treated as Khuntha Mushkil.

Summary:

If clear male signs appear  treated as male.

If clear female signs appear  treated as female.

If unclear : treated as Khuntha Mushkil, and precautionary rulings apply.

Precautionary rulings for Khuntha Mushkil:

Cover the head (like women) during prayer.

Sit in prayer like a woman.

Do not wear silk or jewelry.

During Ihram, they may wear stitched clothing.

Do not uncover private parts in front of men or women.

Do not travel without a mahram.

Do not stay alone (in seclusion) with a non-mahram (man or woman).

After death, instead of full ritual washing (ghusl), tayammum is performed.

They are shrouded in five pieces of cloth.

While burial, proper covering (privacy) is maintained.