Chapter 5
Sex and the stability of a legal gender system
Dilemmas of defining intersex in Islamic law
Islamic law’s gender system is based on a conception of humans as sexually dimorphic. The presence of nonbinary
bodies, specifically the khunthā, posed a challenge to the gender system. Law practitioners, like ʿAbd
al-Raḥīm al-Isnawī (d. 722/1322), attempted to redefine sex and intersexuality to stabilise the legal gender system. In an
exploration of al-Isnawī’s writings, I argue that he engages in a form of object translation, following Marais’s typology of
translation. Al-Isnawī incorporated the khunthā into the gender system by unravelling the challenge posed by
their ambiguity onto Islamic law. This redefinition effectively defines them into impossibility by legal technicalities.
Article outline
- Introduction
- The Khunthā
- The law
- From tracing historical trajectories to tracing conceptual trajectories
- Three instances of translating gender variance
- Event A: ʿĀmir Ibn al-Ẓarib al-ʿUdwānī
- Event B: Al-Qāḍī al-Nuʿmān
- Event C: ʿAbd al-Raḥīm al-Isnawī
- Conclusion
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Notes
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References