What are the criteria determining the legal status of an individual identified as a *Khuntha* (intersex individual)?
Chapter on the Term for the Impotent and the Castrated who is not amputated
Al-Mughni
Book of Marriage
Primary text
A *Khuntha* is one who possesses both male and female genitalia. Such an individual must be legally determined to be either male or female, as there is no third creation recognized by divine law. If outward signs clearly indicate masculinity or femininity, the individual assumes the legal rulings of that determined sex. If the signs are ambiguous, the prevailing opinion is to rely on the individual's own declaration concerning their natural inclination and desire, provided it relates to matters between themselves and God (such as acts of worship or personal covering). If the *Khuntha* declares himself male and is inclined toward women, he marries women; if female and inclined toward men, he marries a man.
Supporting text
In matters affecting the rights of others, such as inheritance or blood money (*Diyah*), his statement is only accepted if it reduces his potential liability. If he claims what increases his share or Diyah, his statement is rejected because he is suspected of bias. If a *Khuntha* marries a woman and subsequently declares himself female, the marriage is annulled based on his admission of invalidity, but he cannot claim the forfeiture of the *mahr* (dowry). If he marries a man and then declares himself male, his statement refusing to annul the marriage is accepted because the obligation rests upon him.