Nikah with a person of doubtful physical constitution

Question

A man was married. After seclusion (khalwa) it became known that the woman’s private part is narrow and, moreover, appears merely like an opening; the chest too is only slightly raised, although the woman is young and healthy — in proportion to her health there is no bust; and blood like menses also comes, but without any fixed or determined days. Now what needs to be ascertained is this: should one having such features be counted as female or counted as a khuntha (a person bearing signs of both sexes)?

Answer

A khuntha is one in whom the signs of both man and woman are found, and here you have not written any sign of a man. The signs of being a woman are evident; only there is some deficiency in her. Therefore she will be called neither a man nor a khuntha; rather, she is a woman, and the nikah with her is valid.

Source: Fatawa Mahmudiyya

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