Marriage Between Children Born Before and After a Change of Sex

Question

There was a woman who became a man. While she was a woman, she had a son. Now, after becoming a man, this person has had several children, among whom there is also a girl. Will it be permissible for the son born while she was a woman to marry the girl born after she became a man? And further, what kind of sibling relationship will there be between the earlier son and the later daughter — will they be full brother and sister, or uterine (akhyafi) and consanguine (‘allati)?

Answer

The boy and girl who were born of one and the same person — even though at the birth of each of them that person’s attribute (sifa) was different — nevertheless, because they are born of one person, a marital relationship between them is not valid. Just as nikah with a full (‘ayni) sister is haram, so too it is haram with a consanguine (‘allati) and a uterine (akhyafi) sister.

Source: Fatawa Mahmudiyya

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