Female born with male hormones

29-4-2002 | IslamWeb

Question:

What is the Islamic ruling of a person who was born with male hormones (normal male levels of testosterone) but has female genitalia? He/she looks like female but is actually a male inside. The female parts are not working as a female part should but feels what a man feels.Is he/she considered a male or a female Islamiclly? All laws that govern that specific gender applies to him/her (such as covering the hair), or is there a specific gender for that type of people?

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Answer:

Praise be to Allah, the Lord of the World; and may His blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions.

Know that the crucial factor concerning specifying the gender of a human being is not related to internal hormones that are hidden things, and in common, rulings of Shari'a are not to be built on such hidden matters, but on external matters. Since the female genitalia are clear in the body of the person concerned, this person is a female; she is governed by Shari'a according to such a state. Scholars stated signs specifying one's gender if can be recognized by the organ one uses to discharge urine. So, if one discharges urine from female genitalia, then one is a female, and vice versa. This rule is applied before puberty. But, when one becomes pubescent, growing one's beard and discharging semen indicate one's manhood. On the other hand, having a monthly period and appearance of breasts indicate one's womanhood.
As a rule, just internal inclination does not constitute an evidence concerning manhood or womanhood unless the above-mentioned signs are lost. In such a case, if one has an inclination toward to women, then he is a male, and vice versa.
Allah knows best.