Method of Determination of Double Gender and Marriage in Islamic Law

Abstract

: Double gender or khunsa is someone who has two genitals, besides having a penis or penis, khunsa also has a vagina or vagina. In the Qur'an, God created humans with male and female sexes. Namu, Some problems that occur are people who have male genitalia (dzakar) while having female genitals (farji) or none at all. In this case, Islamic scholars determine several methods to determine the specific sex through literary research studies using primary, secondary and tertiary resources. However, if the method has not been able to determine the sex of the khunsa then it should be further investigated and determined from the existing instinct in khunsa. The legal requirement of marriage in Islam should be marriage contracts (Ijab-qabul) which include: (1) the presence of male and female couple, (2) the presence of guardians, (3) the presence of 2 witnesses and (4) the existence of marriage contracts. All requirements for marriage should be fulfilled. The implication of this research is that the government or Islamic scholars need to make legal status of the existence of khunsa both in marriage and inheritance arranged in separate articles in the form of laws and compilations of Islamic law.