Sex and the stability of a legal gender system Dilemmas of defining intersex in Islamic law

Saqer A. Almarri

Research output: Chapter in Book/Report/Conference proceedingChapter

Abstract

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 Abd al-Rahīm 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 khuntha; 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.

Original languageEnglish (US)
Title of host publicationBenjamins Translation Library
PublisherJohn Benjamins Publishing Company
Pages109-127
Number of pages19
DOIs
StatePublished - 2024

Publication series

NameBenjamins Translation Library
Volume164
ISSN (Print)0929-7316

Keywords

  • differences of sexual development and law
  • gender
  • intersexuality
  • Islam and gender
  • Islamic law
  • law
  • legal gender
  • religion and gender
  • religion and intersexuality
  • translation

ASJC Scopus subject areas

  • Communication
  • Language and Linguistics
  • Linguistics and Language
  • Literature and Literary Theory

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