Inheritance of Hermaphrodite (Khuntha) under the Muslim Law: An Overview

Abstract

Like other creation of almighty Allah, the hermaphrodite should also be treated as human being and if we treated them as human they must have some rights, liabilities etc. This research shall try to explain and show one of their basic rights that mean the rights of inheritance. Quran does not speak about their rights of inheritance. So Jurists derive some rules about their right of inheritance with the help of Hadith and Qiyas. As there is a gap between religion and society, our society does not protect them and does not give their rights. So it is needed to protect them and make them strong financially they can also get their rights, respect, honor and care from society. This article shall also try to give an overview on the inheritance of hermaphrodite under the spirit of Quran with the help of Hadith, Qiyas and different opinions of the Imam and jurists. Finally, in this research, the researcher shall try to make sure a framework for the deprive hermaphrodite in Muslim countries in compliance with the mentioned provisions of Holy Quran, Hadith, Ijma, Qiyas, and also opinion of different eminent jurists of the Muslim World.