ميراث الخنثى على ضوء المستجدات الطبية

Abstract EN

In shariaa, hermaphroditism, the condition of having both male and female reproductive organs, doesn’t deprive the person of his rights; he is a human being and, thus, should inherit.

accordingly, scholars have derived some rules about this issue, i.e.

the inheritance of hermaphrodites, using Hadith and Qiyas.

medical development has also contributed to the matter by offering surgical procedures as a solution to determine the gender, which plays an important role in placing hermaphrodites between heirs and determining his share of inheritance.

in this paper, the topic will be covered in two parts: the first one will treat how to determine the gender of the hermaphrodites in the light of medical developments, and the second will deal with the role of scientific facts on hermaphrodites’ inheritance.