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Regarding the one who has both Male and Female organs
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Question: Is the one who has both male and female (sexual) organs to be treated as a female, bearing in mind his affair has not yet become clear (as to whether he is male or female)? And are all the rulings which are specific to a woman applicable to him (also)?
Response: Regarding such a person, some explanation is required.
Before attaining puberty there is (some) doubt; Is he (to be considered) 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 appearance of both his breasts, or there appears upon him that which distinguishes him from the men such as menses, or 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 he is to be regarded as a man.
And before (all this) he is to remain (in a state of ambiguity) until his matter 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 - Pages 303
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