Does the establishment of gender identity through discharge concurrently establish puberty for an ambiguous hermaphrodite?

General Chapter

Al-Mughni

Book of Legal Interdiction

Book 15 · Issue 2 · Bab 1

Open in Qurani

Primary text

There are two views regarding whether the establishment of gender identity through discharge also establishes puberty. The first view, favored by Al-Qadi and the school of Al-Shafi'i, affirms that puberty is established: if semen exited the penis, the person is male; if menses exited, the person is female, and puberty is confirmed in either case.

Supporting text

The second view holds that puberty is not established because the discharge may not truly be menses or semen, and the contradiction arising from their simultaneous presence nullifies their indicative force regarding both gender and puberty, similar to contradictory proofs or urine exiting both orifices.