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The question

Is it permissible, from a Sharia perspective, to remove the internal male genitalia (testicles and a small organ) from a female infant born with a sexual deformity, while retaining the external female organs, based on the doctors' opinion that these male organs are useless and that the infant is female?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

It is permissible to remove the testicles and the penis if documented medical reports confirm that the person is female. Gender is determined by several means:

1. Chromosomal Formula: (XX) for female and (XY) for male. 2. Analyses and Ultrasounds: To determine gender before birth. 3. External Appearance: If the organs are closer to female, then she is female. Jurists have relied on this; if urination occurs from the vulva, it is female, and if it occurs from the penis, it is male.

If the external organs are female organs, and urination is from the vulva, and the male organs are internal, then she is judged to be female and it is permissible to remove the male organs.

The Islamic Fiqh Academy has permitted the treatment of intersex individuals (khuntha) to resolve ambiguity, whether the treatment is surgical or hormonal.

Cases:

Non-problematic Intersex (Khuntha ghayr mushkil): One who predominantly shows signs of masculinity or femininity is treated according to the predominant signs, and medical treatment is permissible to resolve the ambiguity. Problematic Intersex (Khuntha mushkil): One whose signs are not clear at puberty or are contradictory is treated with caution (according to the more restrictive interpretation).

In the case of a newborn with male genes (XY) but a female external appearance, it is preferable to remove the testicles along with surgical correction of the external organs to make them like female organs. This is because apparent organs are considered in Islamic law, and because transforming them into a male might deprive them of sexual activity and cause significant psychological trauma.

Summarized from the full answer at Ftawy · imported

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Ftawy
Original fatwa ID
24282
Imported
Translation status
Source text, unreviewed
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