A Sex-Change Problem Complicated by Disputes Over Inheritance

The story of a young Saudi man, Ahmad, who has become a woman has created a furor in the Kingdom — not only because he changed his sex but also because, as a man, he inherited a large sum of money from his millionaire father. He changed his sex only after inheriting; according to Islamic law, as a woman, he would inherit half of what a man inherits. His relatives have filed a lawsuit, accusing him of deception and asking the court to re-divide the inheritance. Sayidaty, a sister publication of Arab News, investigatedthe case. The subject’s name as a woman has been withheld at her request.

Ahmad began to tell his story. “Even as a child, I felt that I was not a normal boy and that something was wrong with me. I preferred to be with girls and to play with them. I avoided hanging out with boys or playing with them at school. I was a solitary child and being alone was a part of my personality. I was not close to my only brother but was close to my sisters. I was not close to the boys who lived next door to us or to my male cousins. In fact, I had no feelings for them. Elementary and intermediate school were both nightmares for me. My birth certificate stated that I was a male and my appearance seemed to confirm that. Obviously then, I went to boys’ schools but I felt that they were not the right environment. Loneliness was killing me and I often complained to my father, may God rest his soul, about what I was feeling. He always advised me to be tougher, saying that I was a boy and needed to show some ordinary masculine traits. His explanation for my feminine nature was that I was too close to my sisters.”

Escape to Lebanon

“I never understood what I was going through nor did I know why my father was so persistent in his explanation of my problems. When I got my intermediate school certificate, I decided that it would be good to go abroad to finish my education through university. I told my father that I didn’t want to remain in Saudi Arabia because I wanted a good education and to attain mastery of English. My father listened and agreed to send me abroad. What I really wanted was to escape the hell I was living in. I wanted to escape my brother’s mockery, the taunting and teasing of my schoolmates and the ridicule of my relatives. I was in the middle of a real emotional crisis which was compounded by considerable psychological abuse. So I went to Lebanon where I completed secondary school. I felt relaxed and, to a certain extent, free. Even though I dressed as a boy, being in a classroom with boys and girls together gave me a chance to have girls as friends. I had a number of friends who were girls. I was so happy there that I stayed in Beirut instead of returning home. In fact, I only came to Saudi Arabia when my parents insisted that I visit them. Whenever I came to the Kingdom, I could not bear to stay any longer than a week. Then I would go back to Beirut to resume what had become my life.”

Escape to America

“After finishing secondary school, I decided I wanted an American university education so I went to America. There, a new chapter of my life began. I was a teenager of course and some female bodily features had begun to appear very rapidly. At that point, I realized that I should see a doctor who was a specialist in such cases. My visit to him was the first time I had ever consulted a doctor about my problems. After examining me, his first words were, ‘You’re a female. Not a male.’ I was not really surprised but it was some comfort to have a professional medical diagnosis. I asked the doctor if an operation were possible which would transform me into a woman in every way. He told me that medically it was possible but that it was an expensive procedure. Of course, I was dependent on my father for money and even though he never refused me extra money, I lacked the courage to ask for such a large amount and for such a reason. I knew that he would be upset at the idea and would refuse my request.”

Death of His Father

“At that time, I began wearing women’s clothes, including jeans and T-shirts. My relationship with my female colleagues at the university became stronger. I also began to wear a little make-up though nothing too obvious. When I was in my second year at university, I got a call from my elder sister telling me that I should come home since our father was very sick. Naturally, I returned to Saudi Arabia and sadly, my father died soon after. A month later, his estate was divided among us. We got what was due us according to Shariah and I opened a bank account where I deposited my money. We did not, however, divide the real estate which our father had owned, we agreed that we would do that later.”

The Transformation: “After that, I went back to America to continue my studies. I had more than a million riyals in my bank account. I must say that I told my father that I was planning to have a sex-change operation because I could not continue living as I had done. I told him to do so would be impossible and that I would commit suicide. He said if I had the operation, he would not claim me as his daughter and would keep my share of his estate from me. According to him, I would be bringing shame on the family. As soon as I arrived in America, I went to the doctor and asked for the operation. An appointment was made and the operation was a success. It was much simpler than I had feared. I began to live, for the first time, what was a normal life. I felt that a huge burden had been lifted from me and after graduating, I got a job in a large computer company in the US. My plan was to go to graduate school.”

Returning to Saudi Arabia as a ‘Male’

“The events of Sept. 11, 2001 changed many people’s lives and many Saudis, especially students. They were subjected to harassment and injustice. I decided that I could not live in the US and that I would go to France. I lived and worked there as a woman and then decided that I wanted to return to Saudi Arabia. The big question of course was: How would I return to Saudi Arabia? What would my legal status be in the Kingdom? I had a Saudi passport with a photo of me as a man but I was now a woman. How could I return as a woman and would the authorities allow me to enter the country? There was no solution except for me to return as a man. And so I cut my hair short, wiped off all traces of make-up and once again put on men’s clothes. When I arrived, I went home and my mother along with my brother and sisters greeted me as a man. I certainly did not have the courage to tell them about the operation and the changes in my life.”

Confrontation With His Sister

“A month after I had returned, I could not stand the contradictions of my life. I found myself living in the same misery I had endured before going abroad the first time. About this time, my mother died; I never told her the truth. A short time later, I had a meeting with my elder sister; I told her I wanted a frank discussion and that I had something important to tell her. I confessed that I had had an operation in America and that I was now a woman. She fainted straightaway... I tried to explain what had happened and why I had had the operation. She kept screaming at me, saying that I would bring huge scandal and disgrace on our family. In the end, what I said to her was, ‘I normalized my situation and am now what I should have been from birth.’ She could not accept what I told her and so she left the house along with her husband.”

Confrontation With His Family

“The next day I asked for a family meeting with my brother and sisters at our parents’ house. I told them everything and the meeting degenerated into a screaming match with threats and accusations hurled at me. I told them that I had not committed a crime and so should not be treated as an outcast. I declared that I had made the right decision which had saved my life by correcting my sex to what it should have been from birth. From that time, my family has had nothing to do with me. They have deserted me. They say they will never set foot in my house as long as they live. They also threaten to go to court and ask that our father’s estate be re-divided according to my new sex. In other words, they wanted to take half my inheritance. They filed a suit even though I am still considered a man and am legally a male in Saudi Arabia. I do not know what to do or how to change my sex legally. What I do know is that I am having a breakdown because society rejects me because of the operation I had. I am also afraid that my share of our father’s estate will somehow be taken away from me.”

No Word From Relatives

Sayidaty tried to speak to Ahmad’s brother and his sisters but all of them refused to talk about the situation. Nor would they admit that they had a brother who had changed his sex even though the case has been publicized and is currently under investigation.

The Legal Opinion

Ashraf Muhammad Al-Siraj, counselor and legal consultant, who is handling Ahmad’s case, refused to comment since the case is still in the courts. He did say, however, that what was important was that the sex of his client be legally changed in official documents so that she can live a normal life in Saudi Arabia.

Another lawyer, Naif Yamani, said that Ahmad had received his share of his father’s estate as a male and that laws cannot be reversed. In other words, other family members have no right to ask that the money be re-divided.

Naif said that if a man testified in a court case and then had an operation which changed his sex, would we say that his original testimony was unacceptable based on the fact that a woman’s testimony is worth half that of a man?

The Religious Opinion

Sheikh Abdul Aziz Al-Misnad, a well-known religious figure in the Kingdom, said: “The inheritors have no right, either religiously or legally, to ask that the money be re-divided. It was divided when the person in question was a male and was divided correctly at that time. As for the remaining part of the estate which has not been divided, it will have to be done according to the present sex of the person so long as the change of sex was approved by medical experts, i.e. doctors.”

Another scholar, Sheikh Ahmad Abdul Qadir Al-Maabi, a specialist in inheritance law, has a different opinion. “God has created the human race as men and women as stated in the Holy Qur’an. The holy book also makes it clear how much a man and a woman should inherit. There is no mention in the Qur’an of a ‘she-male’. In other words, the features of both sexes cannot be in one person. How could a child’s sex not be known immediately at birth when the signs are obvious and the latest scientific equipment is used?”

On the subject of inheritance, he said: “The inheritance of a ‘she-male’ should be as follows: Inheritance is divided according to the obvious signs and characteristics of the person. If they indicate that the person is male, then he is given a male’s inheritance. If the signs indicate that the person is female, then a female’s inheritance is given.”