2. Seeing the signs of adulthood.

Seeing the signs of adulthood is the step if the first method cannot be done. Then it can be seen when they are adults with the signs or characteristics they have. If they have male signs such as growing an Adam's apple, voice deepening, growing a mustache and beard, ejaculation, and others. While the signs possessed by women are menstruation, having breasts, and others. Then the gender they have can be determined when they have the above signs, both male and female signs or characteristics.

What is the position of their inheritance rights as heirs?

For khuntsa ghairu musykil, their inheritance rights can be determined because the signs are clear. Meanwhile, for khuntsa musykil, it is postponed until their gender is clear, meaning until they are adults. In this case, there are several opinions regarding the distribution of inheritance by people with dual genders, including:

1. According to Imam Hanafi.

Khuntsa is given the smallest part of the two estimates of men and women, while other heirs are given the largest part of the two estimates of men and women.

2. According to Imam Maliki

All heirs, including khuntsa, are given half of the two estimates of men and women (the midpoint of the two estimates).

3. According to Imam Shafi'i

All heirs, including hermaphrodites, are given the smallest and most certain share of the two estimates, and the remainder is withheld until the hermaphrodite issue becomes clear, or until there is a reconciliation to mutually donate among the heirs.

4. According to Imam Hambali

Imam Hambali agreed with 2 statements from Imam Maliki and Imam Shafi'i. For khuntsa ghairu musykil, follow Imam Shafi'i's statement, while khuntsa musykil follows Imam Maliki.

There is a case in this matter that occurred by Siti Maemunah alias Muhammad Prawirodijoyo and Sri Wahyuni alias Muhammad Yusril Wahyudi who submitted a request for gender reassignment to the District Court. Because when they were little, their parents did not know that their child was a male. However, this became apparent when the child grew up and was not a female but a male. It is this factor that caused Siti Maemunah alias Muhammad Prawirodijoyo and Sri Wahyuni alias Muhammad Yusril Wahyudi to submit a request for gender reassignment to the District Court. Therefore, when they have been decided to be one gender, namely male, then the Sharia law for men applies to them in all matters, such as aurat, prayer, marriage, inheritance, association and so on.

The conclusion is that when someone has dual genders, then their gender position or type must be clear first before deciding. If they are indeed included in khuntsa ghairu musykil, then their position must be clear to receive inheritance rights. Meanwhile, if they are khuntsa musykil, then their position as an heir is postponed until their signs of adulthood are clear. When it is clear, then they can be categorized as one gender so that they can use their inheritance rights.

References

  • Drafting Team of the Bureau of Law and Public Relations of the Administrative Affairs Agency of the Supreme Court of the Republic of Indonesia, Collection of Laws and Regulations Related to the Compilation of Islamic Law with Understanding in its Discussion, Jakarta: Supreme Court of the Republic of Indonesia, 2011.
  • I.P. Zeta Fadiah, The Position of Heirs with Dual Gender in Islamic Law, Repertorium: Jurnal Ilmiah Hukum Kenotariatan, Vol. 8 No.1 (2019), 66-80.
  • F. Asmaul, Z. Muhammad, Y. Fitriani, Analysis of the Position of Heirs Who Perform Dual Gender Adjustment Surgery According to Islamic Law And Civil law, Jurnal Muqaranah, Vol. 4, No. 2 (2020), 47-69.

*This article is the personal opinion of the author and does not represent the views of the Literasi Hukum Indonesia editorial team.