All praise belong to Allah ... They said if Allah creates someone such that it has two kinds of sexual organ – the male's sexual organ and the female's sexual organ, how do they sort its (share of) inheritance?
There is nothing in this life that Islam has not explained. This is what we call 'khuntha mushkil'. Khuntha mushkil', how to allocates inheritance to it is easy for one who seeks knowledge about it.
We will distribute the inheritance in such a way that if it were a male, what would be its portion; and if it were a female, what would be its portion. What it ought to collect if it were a male and (if it were a) female, we would add them, then we would divide it into two. The average of the sum of what it ought to get if it were a female and if it were a male is what we would give it.
This, in the olden days, was when it seems it was well established. This is because scholars of sharia'h explained that later, when the knowledge of medicine advanced, people have devised several ways out for those who Allah has created as a hermaphrodite, they carry out surgery on them which would make us know that he is a male, or make us know that she is a female.
In the olden days, before the knowledge of medicine evolved to this extent, what they used to do as instructed by Islamic scholars is that they would tell such a person to urinate. While urinating, they would observe how the urine came out. Is the urine coming out of the male organ more, or it is the ones coming out of the female organ (that is more)? Where (between the organs) it (the urine) came out more is the ruling we would give it that it is such a person (who bears such organ).
Then we keep tabs on it. Since it is from the male organ, for example, urine comes out more, then we would observe that when it has grown enough to start spotting breast if it were a female, or start growing beard if it were a male, which (of the two) happens? Is it spotting breasts or growing a beard? All these would show us whether our initial investigations was right.
In medical studies nowadays, this is not an exception from what they also observe besides that they would also check its hormones, is the male's or female's dominant? They would carry out surgery (to assert this).
Till this day that we are speaking, there are still people like that (hermaphrodite) that they did not bother to have surgery to show whether they are a male or a female. They are living their lives. If we have such (a case), how we would share the inheritance is what we have spoken. And there are lot of rulings concerning it in Islam, it is not sharing of inheritance alone. If it comes to the mosque, would it stay at the male space or female space? This is also part of the rulings concerning them. That is it on that.
By Dr Sharafudeen Gbadebo Raji
Extracted from Radio Fiqhu fid-deen
Transcript compiled by Amuletola
source http://www.nairaland.com/6330547/how-allocate-inheritance-hermaphrodite
No comments:
Post a Comment