Friday 17 Rabīʿ al-awwal 1446 - 20 September 2024
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Question
Assalamu alaikum warahmatullahi wabarakatu This is quite a common question but I have yet not understood the answer quite well I have heard that people are born being transgender and that the doctors can't tell whether the person is a male or a female. In this case, how should a person deal with their gender and should they be able to get married or not Jazakallahu khair
Answer
Wa'alaykumsalaam Wa Rahmatullah

Transgender and transsexual people should not be confused with intersexes.

People who identify as transgender or transsexual are usually people who are born with typical male or female anatomies but feel as though they have been born into the ‘wrong body’. These individuals can gain mental treatment and guidance through counselling and therapy.

Intersexes are people having reproductive organs or external sexual characteristics of both male and female. The Islamic rulings regarding them is to determine their gender as best as possible, as specified below. If there are more masculine traits and signs, then they are to be treated and dealt with as males. If there are more signs of femininity, then the rules of females will apply.

Some jurists base the verdict, looking at signs before and after puberty.

Signs of masculinity and maleness:
- To urine from the penis
- Semen discharge from penis
- Beard growth
- Is able to impregnate
- Possesses general male habits, actions and demeanours

Signs of femininity:
- To urinate from vaginal urethra
- To experience menses
- Breasts growth
- Having breast-milk
- Pregnancy and or childbirth

These individuals are to be respected, integrated in society and treated well, just as anyone else is. They may marry and pray in congregation as well.

Allah knows best