Gender change
Question:-
A person is born with XXY chromosomes, and with both privates. The parents decided at birth, that he should be a boy. However, later in life the child feels like a girl inside. If this person transitions to a female by doing surgery and taking hormonal tablets and so forth, what’s the ruling in such an instance? Sometimes people do it at birth to avoid questions about the gender of the baby and feeling embarrassed.
Is it then wrong for this, now growing, human at the age of puberty to make such a choice due to feeling this way and developing female characteristics to want to fully change via surgery?
Answer:-
Our Deen is perfect and complete to the extent that every matter of Deen has been explained in detail. A child that is born with both private parts is referred to as a ‘Hermaphrodite.’ This child is also the creation of Allah Ta’ala and there is no reason to be embarrassed or ashamed with the decision of Allah Ta’ala.
If a ‘Hermaphrodite’ urinates from the male private part, then it will be considered to be a male, while if it urinates from the female private part, then it will be considered to be a female. However, if the child urinates from both private parts, then the gender will be determined depending from which private part the urine emerges first. If it urinates from both private parts equally at the same time, then it will be categorized as a ‘Hermaphrodite’ whose gender is difficult to determine.
If the ‘Hermaphrodite’ grows a beard or, is able to enter a female or, experiences nocturnal emissions as men experience, then it will be considered as a ‘male.’ On the other hand, if breasts or milk become apparent for it, or it has Haidh or becomes pregnant, or a male can have intercourse with it, then it will be considered as a female.
From the above discussion, one will be able to ascertain whether the ‘Hermaphrodite’ falls in the category of a male or female. If the male signs are apparent, then the ‘Hermaphrodite’ can be referred to as a ‘male’ and, if the females signs are apparent, then it will be referred to as a ‘female.’ Hence, the gender of the child may be disclosed to others based on the above explanation without the need of going into any details.
كِتَابُ الْخُنْثَى لَمَّا ذَكَرَ مَنْ غَلَبَ وُجُودُهُ ذَكَرَ نَادِرَ الْوُجُودِ ( وَهُوَ ذُو فَرْجٍ وَذَكَرٍ أَوْ مَنْ عَرَى عَنْ الِاثْنَيْنِ جَمِيعًا ، فَإِنْ بَالَ مِنْ الذَّكَرِ فَغُلَامٌ ، وَإِنْ بَالَ مِنْ الْفَرْجِ فَأُنْثَى وَإِنْ بَالَ مِنْهُمَا فَالْحُكْمُ لِلْأَسْبَقِ ، وَإِنْ اسْتَوَيَا فَمُشْكِلٌ ، وَلَا تُعْتَبَرُ الْكَثْرَةُ ) خِلَافًا لَهُمَا ، هَذَا قَبْلَ الْبُلُوغِ ( فَإِنْ بَلَغَ وَخَرَجَتْ لِحْيَتُهُ أَوْ وَصَلَ إلَى امْرَأَةٍ أَوْ احْتَلَمَ ) كَمَا يَحْتَلِمُ الرَّجُلُ ( فَرَجُلٌ ، وَإِنْ ظَهَرَ لَهُ ثَدْيٌ أَوْ لَبَنٌ أَوْ حَاضَ أَوْ حَبِلَ أَوْ أَمْكَنَ وَطْؤُهُ فَامْرَأَةٌ ، وَإِنْ لَمْ تَظْهَرْ لَهُ عَلَامَةٌ أَصْلًا أَوْ تَعَارَضَتْ الْعَلَامَاتُ فَمُشْكِلٌ ) لِعَدَمِ الْمُرَجِّحِ : شامى ص 728 ج6
It is not permissible for one to change the natural creation of Allah Ta’ala as understood from the following verses of the Quraan Sharif:
لَّعَنَهُ اللّهُ وَقَالَ لَأَتَّخِذَنَّ مِنْ عِبَادِكَ نَصِيبًا مَّفْرُوضًا
Allah has cursed him (Shaytaan). He (Shaytaan) said (to Allah when he was thrown out of Jannah), “I shall definitely take (claim for myself) a fixed share (of wealth, devotion, Ibaadah) from Your bondsmen
وَلأُضِلَّنَّهُمْ وَلأُمَنِّيَنَّهُمْ وَلآمُرَنَّهُمْ فَلَيُبَتِّكُنَّ آذَانَ الأَنْعَامِ وَلآمُرَنَّهُمْ فَلَيُغَيِّرُنَّ خَلْقَ اللّهِ وَمَن يَتَّخِذِ الشَّيْطَانَ وَلِيًّا مِّن دُونِ اللّهِ فَقَدْ خَسِرَ خُسْرَانًا مُّبِينًا
(He said further), “I will surely lead them astray and certainly instil hopes (of long lives and great wealth) within them. I shall definitely command (teach) them and (according to my teachings) they will cut the ears of animals (as the Arab Mushrikeen used to do). I will command (teach) them and (accordingly) they will certainly change (alter the appearance of) Allaah’s creation.” Whoever takes Shaytaan as his friend instead of Allah has indeed incurred a manifest loss (because this friendship can lead him only to Jahannam).”
In conclusion, changing one’s gender in any way will not be permitted as this is considered as following the path of Shaytaan.
ALLAH TA’ALA KNOWS BEST!
ANSWERED BY:
Mufti Mohammed Desai
Date:- 20 Rabi-ul-Awwal 1444 / 17 October 2022