Takhannuth (effeminacy in a man)

Takhannuth is the swaying and softening of a man's speech, walk, dress and bearing in the manner of women. Deliberate effeminacy is forbidden; it draws a discretionary (ta'zir) penalty. ^{1 2}

In Arabic, takhannuth is swaying and softness; a man who does what the mukhannath does is said to takhannath, and one who makes a man's speech soft and womanly is said to have softened it. The jurists' sense is dressing like women and imitating them in soft speech, by choice, or in other reprehensible acts. ¹

Men are forbidden from effeminacy and imitation of women in dress, adornment, speech and walk, on the narration of Ibn Abbas that the Prophet cursed the effeminate men and the mannish women. Ibn Hajar held that the prohibition applies to one who does it on purpose; one who is effeminate by nature is urged to strive gradually to give it up, and blame attaches if he persists. ²

A naturally effeminate man who is not known for bad acts is not counted a sinner, and his leading of prayer is valid; he is not blamed if he cannot give it up. One who deliberately takes on women's manners is a sinner and a fasiq; his leading of prayer is disliked for the Hanafis and Shafi'is, void for the Hanbalis and, in one narration, for the Malikis. ² Al-Zuhri said that one should not pray behind a mukhannath except out of necessity, as al-Bukhari reports. ² For the Hanafis, the testimony of one who deliberately imitates women is not accepted, while the naturally effeminate man is an upright witness. The Shafi'is and Hanbalis count imitation of women a forbidden act that voids testimony; the Malikis count debauchery, which includes effeminacy, among grounds for rejection. ^{2 3}

A mukhannath who has desire for women may not look on them or see them, since he is a sinful man, and there is no dispute on this. A naturally effeminate man with no desire for women is allowed to look on them according to the Malikis, Hanbalis and some Hanafis, who cite the Qur'anic list of men who may see women without desire (surah al-Nur, 24:31). The Shafi'is and most Hanafis forbid even him, like any man, on the hadith "let these not enter upon you". ³

Deliberate effeminacy without a forbidden act is a sin with no fixed penalty (hadd) and no expiation; the penalty is discretionary (ta'zir) and fits the offender and the offence. The Prophet is reported to have exiled effeminate men from the homes, and the Companions did the same. ⁴ If a mukhannath allows another to commit a grave sin with him, jurists differ on the penalty: many apply the penalty for unlawful intercourse, while Abu Hanifa held it a discretionary penalty that may reach killing. ⁴ Jurists treat the rulings of effeminacy under sale defects where the sold slave is effeminate, and under testimony, marriage, looking at strange women, dress and adornment. ⁴