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The ruling regarding a Hermaphrodite
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Question: Is a hermaphrodite to be treated as a female, bearing in mind his affair has not yet become clear (i.e. is he a male or a female)? And are all the rulings which are applicable to a woman (likewise) applicable to him?
Response: Regarding a hermaphrodite, there is some explanation (required).
Before attaining puberty there is some doubt (as to whether) he is a male or female, because he has two (sexual) organs - a female organ and a male organ. However, in most cases, after attaining puberty his masculinity or femininity becomes apparent.
So, if there appears (upon him) that which indicates he is a woman, such as the growing of both his breasts, or that which distinguishes him from the men such as the coming on of menses, or (even) urinating from the female organ, then (in this case) he is to be regarded as a woman and (as such) his male organ is to be surgically removed with care.
And if there appears (upon him) that which indicates he is a man, such as the growing of the beard and urinating from the male organ and other than that which the doctors are aware of, then (in this case) he is to be regarded as a man.
(Importantly) before all of this, he is to remain (in a state of ambiguity) until his affair becomes apparent; So he is not to be married off until it is apparent he is (clearly) a man or a woman. And this occurs after attaining puberty as the scholars have stated.
Shaykh Ibn Baaz
al-Fataawa al-Muta`alliqah bit-Tibb wa Ahkaam al-Mardhaa - Page 303
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