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Fatwa CenterA hermaphrodite should be treated as an opposite sex from both sexes
Question
With whom should a hermaphrodite sit, with men or with women?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
The general rule upon which the majority of the scholars
are, is that a hermaphrodite should be treated in a way to be on the safe side with him. When a hermaphrodite is with men, she should be treated as a woman, and when he is with women, he should be treated like a man, so it is not permissible for a marriageable man to stay in seclusion with her and it is not permissible for a marriageable woman to stay in seclusion with him. The same thing applies to his/her Awrah (parts of the body that must be covered in Islam), he/she should not reveal his/her ‘Awrah in front of marriageable men based on the probability that she is a woman, and he/she should not reveal his/her ‘Awrah in front of marriageable women based on the probability that he is a man.
The jurists differed about the ruling on a hermaphrodite, and they provided many details, but this is not the place to give such varying details.
Allaah Knows best.
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