ISLAMIC INHERITANCE OF HERMAPHRODITE
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Keywords:
Islamic Inheritance, Khuntha, Hermaphrodite, Khuntha MuskilaAbstract
Islamic law refers to men and women differently and assigns rights and duties based on the sex of the individual however, the Khuntha (the person that cannot be recognised as either male or female due to the presence of both genital organs or due to the lack of both genital organs) is a person who is treated as a person with a congenital disability. The Khuntha’s role and status with regards to classification and inheritance will be discussed in detail in this paper. The difference between the Khuntha, Khanith and the Mukhannath as well as the ambiguous nature of the ‘obvious disability’ with regards to the Khuntha shall also be addressed by this paper. The different Juristic opinions and the various enactments and laws promulgated with regards to the Inheritance of the Hermaphrodite have also been described. The paper also seeks to clarify the exact position of the Hermaphrodite in Islamic society answering the question as to where exactly the khuntha belongs in the Islamic Inheritance system.
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