What is the ruling on the Imamate of an intersex person (*Khunthā*)?
Chapter on Imamate and Congregational Prayer
Al-Mughni
Book of Prayer
Primary text
It is not permissible for an intersex person to lead a man because he might be a woman. He may not lead another intersex person like himself because the Imam might be a woman and the follower a man. A woman may not lead him because he might be a man.
Supporting text
Al-Qadi stated that he saw the view of Abu Hafs Al-Barmaki holding that the prayer of an intersex person in congregation is invalid because if he stands with the men, he might be a woman, and if he stands with the women or alone or follows a woman, he might be a man. If he leads men, he might be a woman. If he leads women, and stands in their midst, he might be a man, and if he stands in front of them, he might be a woman. Another possibility is that his prayer is valid in this latter case, and also if he stands in the row of men as a follower, because a woman standing in the row of men does not invalidate her prayer or the prayer of those next to her.