Medical, ethical and jurisprudential aspects of disorders of sex development (Hermaphroditism/intersexuality/khuntha)

Until the modern age, sexual dimorphism seemed to account for most of our data about human sexuality and it was, at least in its original form, remarkably elegant. But many newly discovered facets of human sexuality do not appear to fit well within this dichotomous framework. Today, many biological studies of human sexual variation are yielding results that challenge the adequacy of this organizing binary metaphor. Similarly, many intersexed persons—persons with both masculine and feminine traits due to chromosomal abnormalities, gene mutations, or hormone receptor disorders—are questioning the ability of this paradigm to illumine the very fact of their existence. Aiming to look at intersexuality from the perspective of Islamic law, it is tried to reflect on the gender perception of Islam by re-reading the subject with the data available in the field of modern medicine and ethics. For this purpose, issues such as the meaning of intersexuality, its types, and methods of diagnosis and treatment in the medical context are discussed. In addition, the ethical dimension of both the optimal care standards of the medical community and social taboos adopted towards intersexuality is investigated. Finally, the datum obtained from Islamic law is evaluated in reference to basics built on the data of the medical disciplines and ethics on the subject. During this evaluation, it is tried to reveal the change in the perception of the issue of intersexuality over time by reflecting on the way it is approached in both classic and modern period Islamic law from medical, ethical, and legal viewpoints. In addition, the evaluations of contemporary Islamic jurists on the religious legitimacy of sex reassignment surgery brought about by advances in modern surgical techniques are included. In this context, it is aimed to answer questions such as: "which individuals can be included in the scope of the surgeries in question?"; "what parameters will be observed for their compliance with the religious framework?". An attempt is made to create a general religious paradigm on the subject by analyzing the aspects of the unique perception of intersexuality adopted by Islamic law, which match with and differ from the information provided by modern medicine and ethical fields. In a sense, the data provided by Islamic law is filtered with medical and ethical information, and the standard of the religious perspectives adopted with regard to intersexuality is introduced. Accordingly, an interdisciplinary perspective on the subject is tried to be presented by focusing on Islamic law and establishing links with other areas to which intersexuality belongs.