Islamic sexual jurisprudence | Wikipedia audio article

Islamic sexual jurisprudence | Wikipedia audio article

Articles, Blog , , , , , , , , , , , , , 0 Comments


Islamic sexual jurisprudence concerns the
Islamic laws of sexuality in Islam, as largely predicated on the Qur’an, the sayings of Muhammad
(hadith) and the rulings of religious leaders’ (fatwa) confining sexual activity to marital
relationships between men and women. While most traditions discourage celibacy,
all encourage strict chastity, modesty and privacy with regard to any relationships between
genders, holding forth that their intimacy as perceived within Islam – encompassing
a swath of life broader than sexual activity – is largely reserved for marriage. This sensitivity to gender difference and
modesty outside of marriage can be seen in current prominent aspects of Islam, such as
interpretations of Islamic dress and degrees of gender segregation. While prohibitions against extramarital sex
are strong, sexual activity itself is not a taboo subject. Permissible sexual relationships are described
in Quran and Hadith as great wells of love and closeness. Even after marriage, there are limitations:
a man should not have intercourse during his wife’s menstruation and afterbirth periods. He is also considered to be sinning when penetrating
anally. Islam itself is a natalist religion, therefore
it encourages increasing procreation through marital sexual relationships. Actions and behaviours such as abortion (other
than for medical risk to the pregnant woman) and homosexuality are also strictly forbidden;
temporary contraceptive use is permitted for birth control.==Sex education=====Adult===
Muslim men and women asked Muhammad about issues concerning sexual behavior, so as to
know the teachings and rulings of their religion. Muslims could pose their questions either
to Muhammad directly or to his wives. A hadith attributed to Muhammad’s wife Aisha
states that the Ansar women in particular were not shy about asking questions regarding
sexual matters.===Children===
Parents are responsible for the upbringing of their children, and that responsibility
includes protecting them from anything that may corrupt their morals. Early sex education for children is not recommended
by Islamic scholars, as the knowledge contained in such curricula may be a negative influence
on a young child’s mind.According to Muhammad Al-Munajjid, young children should instead
be taught Islamic rules involving covering the ‘awrah, controlling one’s gaze, and
asking permission before entering private spaces.Munajjid also suggested to separate
the bed of children at the age of ten according to hadith:
It was narrated from ‘Amr ibn Shu‘ayb, from his father, that his grandfather said:
The Messenger of Allah (blessings and peace of Allah be upon him) said: “Instruct your
children to pray when they are seven years old, and smack them if they do not do it when
they are ten years old, and separate them in their beds.” Shaykh Muhammad Shams al-Haqq al-‘Azeemabaadi
said: Al-Mannaawi said in Fath al-Qadeer Sharh al-Jaami‘
as-Sagheer: That is, separate your children in the beds in which they sleep when they
reach the age of ten, as a precaution against provocation of desire, even in the case of
sisters. At-Teebi said: Allah mentioned together the
ideas of instructing them to pray and separating them in their beds in childhood, so as to
discipline them and obey all the commands of Allah, and to teach them, to show them
proper etiquette with people, and to teach them not to put themselves in suspicious situations
and to keep away from sin. Munajjid stated, this advice and guidance
from this verse has to do with protecting and concealing the ‘awrah and avoiding provocation
of desire which begins, as we have seen, in the tenth year, which is the age at which
most children reach discernment.When puberty approaches, children should be taught the
signs of puberty and the characteristics which distinguish men from women, and the types
of discharge that may be emitted from the front passage of both sexes. They should also be taught the rulings on
wudoo’ and ghusl, paying attention to the phrases used in teaching and ensuring that
it is taught according to what the child needs to know. Munajjid has maintained two as important matters
which should begin at a very early age – around the age of three years – that have a basic
connection to the issue of sex education. They are:
The necessity for the boy or girl to be able to distinguish between male and female. Confusion between them at that early age could
lead to troubles and confusion in concepts, characteristics and actions, in both sexes. Hence it is essential to make a boy understand
that he cannot wear his sister’s clothes, or wear earrings or bracelets, because these
are for females, not for males. By the same token, a girl should be told similar
things about her brother’s actions and characteristics.Teaching children that the ‘awrah is private, and
that it should not be uncovered for anyone. Teaching them this, and bringing them up with
it, is a way of instilling in them the characteristics of chastity and modesty, and will help prevent
perverts from transgressing against them.Finally he stated, “With regard to the issue of
sex education having to do with intercourse, or what happens between spouses in general,
this should come when there is a need for it, such as when marriage is approaching,
or when he is mature enough to understand some issues of fiqh, such as the rulings on
zina (fornication or adultery) and the like, which have to do with intercourse and ‘awrahs. It should be noted that what is needed of
that knowledge is basically something that is natural and instinctive in the first place,
and what you need to point out must be taught to children gradually, in accordance with
the stages of their development, by means of lessons of fiqh, study circles and classes
in school. We should be conservative in the words and
phrases we use, and attention must be paid to the appropriate ages and stages to discuss
this topic. We must also warn against the promiscuous
practices of the disbelievers and contrast them with the beauty of Islam, with regard
to urging Muslims to cover up and be modest, and to guard their chastity and avoid that
which is haraam.”==Circumcision==Khitan or Khatna (Arabic: ختان‎, Arabic:
ختنة‎) is the term for male circumcision carried out as a cultural rite by Muslims
and is considered a sign of belonging to the wider Islamic community. Whether or not it should be carried out after
converting to Islam is debated among Islamic scholars. The Qur’an itself does not mention circumcision
explicitly in any verse. Some hadith mentions circumcision in a list
of practices known as fitra (acts considered to be of a refined person). Abu Hurayra, a companion of Muhammad, was
quoted saying, “Five things are fitra: circumcision, shaving pubic hair with a razor, trimming
the mustache, paring one’s nails and plucking the hair from one’s armpits” So, despite its absence from the Qur’an, it
has been a religious custom from the beginning of Islam. However, there are other hadiths which do
not name circumcision as part of the characteristics of fitra and yet another hadith which names
ten characteristics, again without naming circumcision; in Sahih Muslim, Aisha is quoted,
“The Messenger of Allah (may peace be upon him) said: Ten are the acts according to fitra:
clipping the mustache, letting the beard grow, using toothpicks, snuffing water in the nose,
cutting the nails, washing the finger joints, plucking the hair under the armpits, shaving
pubic hair and cleaning one’s private parts with water. The narrator said: I have forgotten the tenth,
but it may have been rinsing the mouth.” Hence, the different hadiths do not correspond
on whether circumcision is part of fitra or not. According to some traditions Muhammad was
born without a foreskin (aposthetic), while others maintain that his grandfather Abdul-Muttalib
circumcised him when he was seven days old. Many of his early disciples were circumcised
to symbolize their inclusion within the emerging Islamic community. Amongst Ulema (Muslim legal scholars), there
are differing opinions about the compulsion of circumcision in Sharia (Islamic law). Imams Abū Ḥanīfa, founder of the Hanafi
school of Fiqh (Islamic jurisprudence), and Malik ibn Anas, maintain that circumcision
is a Sunnah Mu’akkadah—not obligatory but highly recommended. The Shafi`i and Hanbali schools see it as
binding on all Muslims. Islamic sources do not fix a particular time
for circumcision. It depends on family, region and country. A majority of Ulema however take the view
that parents should get their child circumcised before the age of ten. The preferred age is usually seven although
some Muslims are circumcised as early as on the seventh day after birth and as late as
at the commencement of puberty.==Puberty==Bāligh or bulūgh (Arabic: بالغ or بُلوغ‎)
refers to a person who has reached maturity or puberty, and has full responsibility under
Islamic law. For example, in issues pertaining to marriage,
baligh is related to the Arabic legal expression, hatta tutiqa’l-rijal, which means that a wedding
may not take place until the girl is physically fit to engage in sexual intercourse. In comparison, baligh or balaghat concerns
the reaching of sexual maturity which becomes manifest by the menses. The age related to these two concepts can,
but need not necessarily, coincide. Only after a separate condition called rushd,
or intellectual maturity to handle one’s own property, is reached can a girl receive her
bridewealth.A boy may reach maturity from the age of 10 lunar years (nine years, eight
months and twenty days) and will be considered mature at the age of 15 lunar years (14 years,
6 months and 22 days) if no signs of maturity are found. Signs of maturity for a boy include: wet dreams
and ejaculation. A girl may reach maturity from the age of
9 lunar years (approximately eight years and eight months) and will be considered mature
at the age of 15 lunar years (14 years, 6 months and 22 days) if no signs of maturity
are found. Signs of maturity for a girl: menstruation,
wet dream or pregnancy.==Modesty, chastity and privacy==Islam has strongly emphasized the concept
of conservatism, decency and modesty; besides the lawful sexuality, priority is given to
modesty and chastity both inside and outside the marital relationships. In the hadith literature, modesty has been
described as “a part of faith.”. Modesty is verily required in the interaction
between members of the opposite sex and in some case between the members of same sex
also. Dress-code is part of that overall teaching. In Quran, the subjects deal with modesty and
privacy of men and women has been mostly described in An-Nur. For example, it has been mentioned, “Say to the believing men that they lower
their gaze and restrain their sexual passions. That is purer for them. Surely Allah is Aware of what they do. And say to the believing women that they lower
their gaze and restrain their sexual passions and do not display their adornment except
what appears thereof. — And let them wear their head-coverings
over their bosoms. And they should not display their adornment
except to their husbands or their fathers, or the fathers of their husbands, or their
sons, or the sons of their husbands, or their brothers, or their brothers’ sons, or their
sisters’ sons, or their women, or those whom their — right hands possess, or guileless
male servants, or the children who know not women’s nakedness. And let them not strike their feet so that
the adornment that they hide may be known. And turn to Allah all, O believers, so that
you may be successful. And marry those among you who are single,
and those who are fit among your male slaves and your female slaves. If they are needy, Allah will make them free
from want out of His grace. And Allah is Ample-giving, Knowing. And let those who cannot find a match keep
chaste, until Allah makes them free from want out of His grace.” “O you who believe, let those whom your right
hands possess and those of you who have not attained to puberty ask permission of you
three times: Before the morning prayer, and when you put off your clothes for the heat
of noon, and after the prayer of night. These are three times of privacy for you;
besides these it is no sin for you nor for them — some of you go round about (waiting)
upon others. Thus does Allah make clear to you the messages. And Allah is Knowing, Wise. And when the children among you attain to
puberty, let them seek permission as those before them sought permission. Thus does Allah make clear to you His messages. And Allah is Knowing, Wise. And (as for) women past childbearing, who
hope not for marriage, it is no sin for them if they put off their clothes without displaying
their adornment. And if they are modest, it is better for them. And Allah is Hearing, Knowing. There is no blame on the blind man, nor any
blame on the lame, nor blame on the sick, nor on yourselves that you eat in your own
houses, or your fathers’ houses, or your mothers’ houses, or your brothers’ houses, or your
sisters’ houses; or your paternal uncles’ houses, or your paternal aunts’ houses, or
your maternal uncles’ houses, or your maternal aunts’ houses, or (houses) whereof you possess
the keys, or your friends’ (houses). It is no sin in you that you eat together
or separately. So when you enter houses, greet your people
with a salutation from Allah, blessed (and) goodly. Thus does Allah make clear to you the messages
that you may understand.” Hadith also describes the laws of modesty. Along with Quran it has also emphasized marriage
as a requirement for modesty and chastity. For example, Narrated by Abdullah ibn Masud, the prophet
said, “O young men, whoever among you can afford to get married, let him do so, as it
lower the eyesight and guard his modesty and whoever cannot afford it, let him fast, for
that will be a shield for him.” It has been mentioned in Hadith ranging about
men’s and women’s private parts that, Regarding women follows: “Asma, daughter of Abu Bakr, entered upon
the Apostle of Allah (peace_be_upon_him) wearing thin clothes. The Apostle of Allah (peace_be_upon_him) turned
his attention from her. He said: O Asma’, when a woman reaches the
age of menstruation, it does not suit her that she displays her parts of body except
this and this, and he pointed to her face and hands.” Abu Dawud
“After Muhammad issued the command (Quran 24:31) for women to cover themselves, the
women responded by tearing up sheets [or outer garments] to cover their faces.” Sahih Bukhari (60:282)
Regarding men follows: Narrated by Muawiah ibn Haydah, ” I said : Apostle
of Allah, from whom should we conceal our private parts and to whom can we show? He replied : conceal your private parts except
from your wife and from whom your right hand possesses (concubines). I then asked: Apostle of Allah, (what should
we do), if the people are assembled together? He replied: If it is within your power then
no one will look at it, then you should try that no one can look it. I then asked: Apostle of Allah, if one of
us is alone? He replied: Allah is more entitled than people
that bashfulness should be shown to him (feel shy more to Allah than to people).” Narrated Jarhad: The Apostle of Allah (peace_be_upon_him)
sat with us and my thigh was uncovered. He said: Do you not know that thigh is a private
part. The Prophet (peace_be_upon_him) said: Do not
uncover you thigh, and do not look at the thigh of the living and the dead. It is forbidden for both spouses to spread
the secrets of what happens between them in their private marital life; indeed, this is
one of the most evil things. Quran says,
So the good women are obedient, guarding the unseen as Allah has guarded. And also the Muhammad said:
“Among the most evil of people before Allaah on the Day of Resurrection will be a man who
comes to his wife and has intercourse with her, then he spreads her secrets.” It was reported from Asmaa’ bint Yazeed
that she was with the Prophet (peace and blessings of Allaah be upon him) and men and women were
sitting with him, and the Prophet (peace and blessings of Allaah be upon him) said, “Would
any man say what he did with his wife? Would any woman tell others what she did with
her husband?” The people kept quiet and did not answer. I [Asmaa’] said: “Yes, by Allaah, O Messenger
of Allaah, they (women) do that, and they (men) do that.” He said, “Do not do that. It is like a male devil meeting a female devil
in the road and having intercourse with her whilst the people are watching.” Allah’s Messenger said: The most wicked among
the people in the eye of Allah on the Day of judgment is the men who goes to his wife
and she comes to him, and then he divulges her secret (to others). Privacy between unmarried man and woman is
not allowed following: The prophet said, “No man alone with an (unknown)
woman but the Shaytan (evil) is the third one present.” The following hadiths also commands maintaining
basic privacy in societal gathering: Narrated by Abu Said Khudri: The prophet said,
“A man should not look at the private part of another man, and a woman should not look
at the private parts of another woman. A man should not lie with another man without
wearing lower garment under one cover; and a woman should not lie with another woman
without wearing lower garment under one cover.” In another hadith it has been mentioned, The Messenger of Allah said: “Instruct your
children to pray when they are seven years old, and smack them if they do not do it when
they are ten years old, and separate them in their beds.” There is also prescription of modesty and
privacy in case of unlawful sexual acts. It is mentioned in the hadith below from Muwatta
Imam Malik: Malik related to me from Zayd ibn Aslam that
a man confessed to fornication in the time of the Messenger of Allah, may Allah bless
him and grant him peace. The Messenger of Allah, may Allah bless him
and grant him peace, called for a whip, and he was brought a broken whip. He said, “Above this,” and he was brought
a new whip whose knots had not been cut yet. He said, “Below this,” and he was brought
a whip which had been used and made flexible. The Messenger of Allah, may Allah bless him
and grant him peace, gave the order and he was flogged. Then he said, “People! The time has come for you to observe the limits
of Allah. Whoever has had any of these ugly things befall
him should cover them up with the veil of Allah. Whoever reveals to us his wrong action, we
perform what is in the Book of Allah against him.” Some hadith warn against immodesty including
as follows, “The Messenger of Allah said: ‘ … There
are five things with which you will be tested, and I seek refuge with Allah lest you live
to see them: Promiscuity (sexual immorality) never appears among a people to such an extent
that they commit it openly, but plagues and diseases that were never known among the predecessors
will spread among them. …”==Marriage==Marriage (Nikah) is a contract between Muslim
men and his wife. Marriage has been described in tradition (hadith)
as half of the religion with the regards of preserving chastity. Anas ibn Malik reported: The Messenger of
Allah, peace and blessings be upon him, said, “Whoever Allah provides with a righteous
wife, then Allah has assisted him in half of his religion. Let him fear Allah regarding the second half.”==Sex within marriage==In Islamic law, marriage legalizes sexual
intercourse between the husband and wife. Marriage is not restricted to a platonic relationship
nor is it only for procreation. Marriage is greatly encouraged in Islam, partially
because it provides a lawful institution in which to fulfill one’s sexual urges. Islam does provide extensive rules regarding
sex; however, within the conditional institution of marriage, there are sources in both the
Qur’an and hadith, which promote the well being of humans and their natural sexual instincts. In the Surah Baqarah, sex in married life
is openly recommended: “When they [i.e. wives] have cleansed themselves [after menstruation],
you go into them as Allah has commanded.” It has been also said: “Those who guard their
chastity (ie. private parts, from illegal sexual acts) except from their wives or (the
captives and slaves) that their right hands possess, – for them, they are free from blame.” Additionally, sources of hadith illustrate
similar promotion of fulfilling sexual urges in lawful ways within a marriage. The Wasaelush Shia quotes Muhammad as encouraging
his followers to marry, saying: “O, you young men! I recommend marriage to you.” Prophet Muhammad also declared marital sex
as charity: “When one of you have sex with your wife,
it is a rewarded act of charity.” The Companions were surprised and said, “But
we do it purely out of our desire. How can it be counted as charity?” The Prophet replied, “If you had done it with
a forbidden woman, it would have been counted as a sin, but if you do it in legitimacy,
it is counted as charity.”===Sexual techniques===
One of the areas of Islamic sexual jurisprudence in which there are not many restrictions is
the discussion of sexual techniques. Almost all of what is practiced under Islamic
law concerning sexual techniques and the act of sexual intercourse come from ‘hadith, which
are not restrictive in nature, but followed by a mutual etiquette known as foreplay, as
the hadith follows: Imam al-Daylami records a narration on the
authority of Anas ibn Malik that the Messenger of Allah (Allah bless him & give him peace)
is reported to have said: “Not one of you should fulfil one’s (sexual) need from/fall
upon his wife like an animal; but let there first be a messenger between you.” “And what is that messenger?” they asked,
and he replied: “Kisses and words”.” Imam Ibn al-Qayyim reports from Jabir ibn
Abd Allah in his famous “Tibb al-Nabawi” that the Messenger of Allah (Allah bless him
& give him peace) forbade from engaging in sexual intercourse before foreplay. The main tendency within these hadith are
saying for Muslims to follow in the bedroom, saying which “clearly show that the husband
and the wife should feel completely free when they are engaged in mutual stimulation which
is known as foreplay. These sayings recommend foreplay and put no
real restrictions on the type of techniques used during foreplay or during intercourse. Allah says in the Qur’an: Your wives are a
tilth for you, so go to your tilth (have sexual relations with your wives in any manner as
long as it is in the vagina and not in the anus), when or how you will, and send (good
deeds, or ask Allah to bestow upon you pious offspring) for your own selves beforehand. And fear Allah, and know that you are to meet
Him (in the Hereafter), and give good tidings to the believers (O Muhammad). In the foregoing verse the word harth (tilth)
indicates that any kind of vaginal sex is permissible in Islam, because it is from this
place children are produced; and it is also regardless any of sexual positions, because
although top to bottom position has been encouraged most, but none of the vaginal sexual positions
has been mentioned as prohibited in scripture and tradition. The semen lodged in the womb from which offspring
comes is likened to the seeds that are planted in the ground, bringing vegetation. Both of them are substances from which something
else is produced. Hence, conversely, one area of sexual techniques
that is generally prohibited is anal intercourse. All Muslim jurists agree that anal sex is
haram (prohibited), based on the hadith of Muhammad: Do not have anal sex with women. Muhammad also said, “Cursed he. ..who has
sex with a woman through her back passage.” Khuzaymah Ibn Thabit also reported that the
Messenger of Allah said: “Allah is not too shy to tell you the truth: Do not have sex
with your wives in the anus.” Ibn Abbas narrated: “The Messenger of Allah
said: “Allah will not look at a man who has anal sex with his wife.” Further, it is reported that Muhammad referred
to such an act as “minor sodomy”. (Reported by Ahmad and An-Nasa’i) It is reported that `Umar Ibn Al-Khattab came
one day to Muhammad and said, “O Messenger of Allah, I am ruined!” “What has ruined you?” asked the Prophet. He replied, “Last night I turned my wife over,”
meaning that he had had vaginal intercourse with her from the back. The Prophet did not say anything to him until
the verse cited above was revealed. Then he told him, “[Make love with your wife]
from the front or the back, but avoid the anus and intercourse during menstruation.” (Reported by Ahmad and At-Tirmidhi)===Sexual obligations===
In Islam, the husband should have intercourse with his wife according to what satisfies
her, so long as that does not harm him physically or keep him from earning a living. The husband is obliged to treat his wife in
a kind and reasonable manner. Part of that kind and reasonable treatment
is intercourse, which he has to do. The majority of scholars set the time limit
beyond which it is not permissible for the husband to forego intercourse at four months,
but according to some scholars, the view is that there is no time limit.Most of the scholars
have said that, It is obligatory on women alike not to refuse their husbands if they
call them, so long as the woman who is called is not menstruating or sick in such a way
that intercourse will be harmful to her, or observing an obligatory fast. If she refuses with no excuse, then she is
cursed. It was narrated from Abu Hurayrah that the
Prophet said: “If a man calls his wife to his bed, and she refuses to come, the angels
curse her until morning comes.” But it is not permissible for a husband to
force his wife to do more than she is able to bear of intercourse. If she has an excuse such as being sick or
unable to bear it, then she is not sinning if she refuses to have intercourse.===Procreation===
In Islamic jurisprudence, the primary purpose of sex between marriage is procreation. Islam recognizes the strong sexual urge and
desire for reproduction. Dr. M.A. Rauf from his book ‘Marriage in Islam’. In this excerpt, he discusses in great detail
the advantages and possible disadvantages of marriage. Among the advantages that he discusses are
procreation, fulfilment of the natural urge, companionship, comfort and relief to the soul,
and so on. He also discusses the disadvantages and the
types of burdens and risks involved with marriage. All of the advantages or benefits are in effect
meant to be regarded as the secondary purpose of marriage which supplement its major aim
or purpose, namely procreation. To beget children. This is the main purpose for marriage. The aim is to engender and preserve the human
race. Four objectives are accomplished through procreation:
– (i) to increase mankind (ii) Islam is propagated by increasing the number of followers of the
prophet Muhammad (iii)parents will hope to leave behind children who will pray for them
(iv) and According to Islamic belief, if a child dies before the parents, the prayers
of the child in paradise will be very beneficial for the parents. The children born of the matrimonial union
become legitimate and mutual rights of inheritance are established. Islam also supposts a pro-natalist view of
procreation through many hadith. Ma’qil ibn Yasaar said: A man came to the
Prophet (peace and blessings of Allaah be upon him) and said, “I have found a woman
who is of good lineage and is beautiful, but she does not children. Should I marry her?” He said, “No.” Then he came again with the same question
and he told him not to marry her. Then he came a third time with the same question
and he said: “Marry those who are loving and fertile, for I will be proud of your great
numbers before the other nations. This hadeeth indicates that it is encouraged
to marry women who are fertile, so that the numbers of the ummah will increase, and so
the Prophet Muhammad will feel proud of his followers before all other nations. This shows that it is encouraged to have a
lot of children. Narrated ‘Abdullah: We used to participate
in the holy battles led by Allah’s Messenger and we had nothing (no wives) with us. So we said, “Shall we get ourselves castrated?” He forbade us that and then allowed us to
marry women with a temporary contract (2) and recited to us: — ‘O you who believe ! Make
not unlawful the good things which Allah has made lawful for you, but commit no transgression.’ (5.87) Narrated Abu Huraira: I said, “O Allah’s
Messenger! I am a young man and I am afraid that I may
commit illegal sexual intercourse and I cannot afford to marry.” He kept silent, and then repeated my question
once again, but he kept silent. I said the same (for the third time) and he
remained silent. Then repeated my question (for the fourth
time), and only then the Prophet said, “O Abu Huraira! The pen has dried after writing what you are
going to confront. So (it does not matter whether you) get yourself
castrated or not.” the Messenger of Allah said: “Marriage is
part of my sunnah, and whoever does not follow my sunnah has nothing to do with me. Get married, for I will boast of your great
numbers before the nations. Whoever has the means, let him get married,
and whoever does not, then he should fast for it will diminish his desire.” “The Messenger of Allah disapproved of Uthman
bin Mazun’s desire to remain celibate; if he had given him permission, we would have
gotten ourselves castrated.” the Messenger of Allah forbade celibacy. Zaid bin Akhzam added: “And Qatadah recited:
‘And indeed We sent Messengers before you (O Muhammad ), and made for them wives and
offspring.==Fornication and adultery==Just as Islamic law fosters sexual actions
within a marriage or lawful concubinage with wholly owned female slaves, there is also
judicial opinion concerning sexual relations outside of these institutions. These laws, however, observe much stricter
restrictions. Additionally, these laws have textual confirmation
from the Qur’an. Fornicatoress and fornicator flog each one
of them one hundred lashes; and do not take pity on them in the application of God’s law
if you believe in God and last day; and their punishment should be witnesses by a party
of believers. Fornicator does not marry except a fornicatoress
or polytheist women; and fornicatoress no one marry her except fornicator or polytheist
man;and it is prohibited to believers. And those who accuse chaste women and then
never bring four witness flog them eighty lashes; and do not accept their testimony
for ever; they themselves are disobedient. Except those who repent after this and become
good then God is forgiving and merciful. And those who accuse their wives and do not
have witness except themselves then witness of each of them are four witnesses by God
that he is of truthfuls. And fifth that curse of God be on him if he
is of lier. And it can save her from punishment that she
witnesses by God four times that he is of liers. And fifth time that wrath of God be on her
if he is of truthfuls. (al-Qur’an 24:2-9) Verse 24:2-3 states that outside marriage
and concubinage, Islamic law prohibits sexual relations as zina [fornication]. Verse 24:2-3 establishes that male and female
fornicators are to be flogged one-hundred times. According to Hadith, married male and female
fornicators are to be stoned to death.Furthermore, one practice outside marriage that does exist
within Islamic law is legal sexual relations between a man and an unmarried female slave
whom he owns. Malik ibn Anas cites a report in which “Umar
b. al-Khattab says that when a female slave gives birth to a child by her master, then
the slave becomes an umm walad (mother of a child, concubine).”===Illegal sex (fornication)===
Similar to laws that prohibit extramarital sexual relations, the Qur’an also stipulates
categories of women with whom men are prohibited from engaging in sexual intercourse. Verse 4:22-4 lists mothers, daughters, sisters,
aunts, nieces, wet nurses, wet nurses’ daughters, wives’ mothers, daughters of wives from different
fathers, wives of sons, and women already married. Additionally, Verse 2:222 prohibits sexual
relations with women during menstruation. Muhammad specifically restricts the injunction
“to segregate the women” and “not go near them” in 2:222 to a prohibition against sexual
relations with menstruating women.==Pornography==
Pornography is considered haram and a clear sin.The Quran states: “Tell the faithful men to cast down their
looks and to guard their private parts …Tell the faithful women to cast down their looks
and to guard their private parts, and not to display their charms except what is apparent
thereof and put their scarves over their bosoms…==Prostitution==
Prostitution is banned in Islam. Quran states, And compel not your slave-girls to prostitution
when they desire to keep chaste, in order to seek the frail goods of this world’s life. And whoever compels them, then surely after
their compulsion Allah is Forgiving, Merciful.. Prostitution (trading sex for money) is haraam. If any does this then he shall be stoned to
death. It was practiced by some Arabs during the
6th century. In the 7th century, Muhammad declared that
prostitution is forbidden on all grounds. Jabir reported that ‘Abdullah b. Ubayy b. Salul used to say to his slave-girl:
Go and fetch something for us by committing prostitution . It was in this connection that
Allah, the Exalted and Glorious, revealed this verse:” And compel not your slave-girls
to prostitution when they desire to keep chaste in order to seek the frail goods of this world’s
life, and whoever compels them, then surely after their compulsion Allah is Forgiving,
Merciful” (xxiv. 33). Narrated Abdullah ibn Abbas: The Prophet said: There is no prostitution
in Islam. If anyone practised prostitution in pre-Islamic
times, the child will be attributed to the master (of the slave-woman). He who claims his child without a valid marriage
or ownership will neither inherit nor be inherited. In Islam, prostitution is considered a sin,
and Abu Mas’ud Al-Ansari is attributed with the saying: “Allah’s Apostle forbade taking
the price of a dog, money earned by prostitution and the earnings of a soothsayer”. Narrated ‘Urwa bin Az-Zubair: ‘Aishah, the wife of the Prophet told him
that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present
day i.e. a man used to ask somebody else for the hand of a girl under his guardianship
or for his daughter’s hand, and give her Mahr and then marry her. The second type was that a man would say to
his wife after she had become clean from her period. “Send for so-and-so and have sexual intercourse
with him.” Her husband would then keep awy from her and
would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband
would sleep with her if he wished. Her husband did so (i.e. let his wife sleep
with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda’. Another type of marriage was that a group
of less than ten men would assemble and enter upon a woman, and all of them would have sexual
relation with her. If she became pregnant and delivered a child
and some days had passed after delivery, she would sent for all of them and none of them
would refuse to come, and when they all gathered before her, she would say to them, “You (all)
know what you have done, and now I have given birth to a child. So, it is your child so-and-so!” naming whoever
she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many
people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix
flags at their doors as sign, and he who would wished, could have sexual intercourse with
them. If anyone of them got pregnant and delivered
a child, then all those men would be gathered for her and they would call the Qa’if (persons
skilled in recognizing the likeness of a child to his father) to them and would let the child
follow the man (whom they recognized as his father) and she would let him adhere to him
and be called his son. The man would not refuse all that. But when Muhammad was sent with the Truth,
he abolished all the types of marriages observed in pre-Islamic period of Ignorance except
the type of marriage the people recognize today. However, sexual slavery as concubinage was
not considered prostitution and was very common during the Arab slave trade throughout the
Middle Ages and early modern period, when women and girls from the Caucasus, Africa,
Central Asia and Europe were captured and served as concubines in the harems of the
Arab World. Ibn Battuta tells us several times that he
was given or purchased female slaves.According to Shia Muslims, Muhammad sanctioned fixed-term
marriage – muta’a in Iraq and sigheh in Iran — which has instead been used as a
legitimizing cover for sex workers, in a culture where prostitution is otherwise forbidden.By
contrast, in the Sahih al-Bukhari, Mut’ah marriage is classed as forbidden because Ali
bin Abu Talib said that he heard Muhammad say that it is forbidden. As narrated by ‘Ali bin Abu Talib: “On the day of khaibar, Allah’s Apostle forbade
the Mut’a (i.e. temporary marriage) and the eating of donkey-meat.” Zaidi Shia texts also state that Ali said
Mut’ah marriage was forbidden and for this reason the Zaidi Shia do not practise Mut’ah
marriage.==Homosexuality==The Qur’an strictly prohibits homosexuality
through the story of Lot (see verses 7:80-84, 26:165-166, 11:69-83, 29:28-35 of the Qur’an;
which is also rendered in the Biblical Book of Genesis), in Al-Nisa, Al-Araf and possibly
verses in other surahs. For example, this was the verse addressed
directly to Muhammad and his followers: We also sent Lot: He said to his people: “Do
ye commit lewdness such as no people in creation (ever) committed before you? For ye practice your lusts on men in preference
to women: ye are indeed a people transgressing beyond bounds.” In another verse, it has been also pointed
out, Do you approach males among the worlds And
leave what your Lord has created for you as mates? But you are a people transgressing. If two (men) among you are guilty of lewdness,
punish them both. If they repent and amend, Leave them alone;
for Allah is Oft-returning, Most Merciful. The Hadiths consider homosexuality as zina,
and male homosexuals to be punished with death. For example, Abu Dawud states,
Narrated Abdullah ibn Abbas: The Prophet said: If you find anyone doing as Lot’s people did,
kill the one who does it, and the one to whom it is done. Narrated Abdullah ibn Abbas: If a man who
is not married is seized committing sodomy, he will be stoned to death. It was narrated that Jaabir: “The Prophet
said: ‘There is nothing I fear for my followers more than the deed of the people of Lot.’” All major Islamic schools disapprove of homosexuality,
Islam views same-sex desires as an unnatural temptation; and, sexual relations are seen
as a transgression of the natural role and aim of sexual activity. Islamic teachings (in the hadith tradition)
presume same-sex attraction, extol abstention and (in the Qur’an) condemn consummation. Most of the jurists believe there should be
severe punishments according to the above Quranic and prophetic orders, such as death
or floggings, while some others disagree. Early caliphs were known to have had both
of the male partners executed in various ways. Some other jurists believe that there is no
punishment that will serve as an effective purgative for this act, and therefore its
immorality precludes an earthly punishment. Some jurists are so morally offended by homosexuality
that just the discussion around it is cause for excommunication and anathematizing.Islamic
law establishes two categories of legal, sexual relationships: between husband and wife and
between a man and his concubine. All other sexual relationships, according
to Islamic law and exegesis of the Qur’an, are considered zinā (fornication), including
adultery and homosexuality.The discourse on homosexuality in Islam is primarily concerned
with activities between men. There are, however, a few hadith mentioning
homosexual behavior in women; the jurists are agreed that “there is no hadd punishment
for lesbianism, because it is not zina. Rather a ta’zeer punishment must be imposed,
because it is a sin..'”. Although punishment for lesbianism is rarely
mentioned in the histories, al-Tabari records an example of the casual execution of a pair
of lesbian slavegirls in the harem of al-Hadi, in a collection of highly critical anecdotes
pertaining to that Caliph’s actions as ruler. Some jurists viewed sexual intercourse as
possible only for an individual who possesses a phallus; hence those definitions of sexual
intercourse that rely on the entry of as little of the corona of the phallus into a partner’s
orifice. Since women do not possess a phallus and cannot
have intercourse with one another, they are, in this interpretation, physically incapable
of committing zinā.==Gender non-conforming people==Mukhannathun (مخنثون “effeminate ones”,
“men who resemble women”, singular mukhannath) were men who acted in ways interpreted as
feminine. As time went on, the mukhannathun were forced
to be castrated. There has been significant mention of “mukhannathun”
in ahadith and by scholars of Islam. The word refers to a person who behaves like
a woman in gentleness, speech, appearance, movements and so on. The mukhannath or effeminate man is one who
is obviously male, unlike the khuntha (intersex). Effeminate people are of two types. (i)Those who are created that way (intersex);
there is no sin on them. (ii)Those who were not created that way; rather
they choose to imitate women in their movements and speech. This is the type which is cursed in the hadiths. The following tradition speaks to the their
behavior: Narrated by Abdullah ibn Abbas: The Prophet
cursed effeminate men; those men who are in the similitude (assume the manners of women)
and those women who assume the manners of men, and he said, “Turn them out of your houses.” The Prophet turned out such-and-such man,
and ‘Umar turned out such-and-such woman. Sex change operation means that healthy males
or females suffering from no deformity, who are able to marry and reproduce, choose to
undergo elective surgery to transform themselves into the appearance of the opposite sex. This kind of surgery is prohibited by Islamic
Law because it is altering Allah’s creation needlessly and in vanity. Allah relates that Satan says: “And I shall
order them and they will alter Allah’s creation.” It is also the most extreme form of imitating
the opposite sex. Islamic prophet Muhammad said:
“Allah curses men who imitate women and women who imitate men.”==
Intersex==An intersex person may have sex characteristics
or organs that are not typically male or female. This person is called a Khunthaa in the books
of Fiqh. There are three types of Khunthaa:
1. A person has aspects of both organs, and urinates
from the male organ. This person will be included among the males
and the laws regarding males will fall on him. 2. The person urinates from the female organ
so will be included among the females. The laws related to females will fall on this
person. This applies before the person reaches maturity. After maturity, the person will be rechecked. If he experiences wet dreams like a male then
he will be counted as a male. On the other hand, if the person develops
breasts and other signs of being feminine the she will be included among the females. 3. When both masculine and feminine signs are
equal and it cannot be determined whether the person is more male or more female then
such a person is termed Khunthaa Mushkil. There are different laws regarding such a
person, a few examples: It is not permissible for a Khunthaa Mushkil to wear silk and jewellery. Both these are permissible for females. But because this person’s condition cannot
be ascertained, so precaution demands that such a person not wear silk and jewellery,
because of the possibility that the person may be more male. Such a person cannot travel without a Mahram
because of the possibility of being more female. When this person dies, Ghusl will not be given
because the question arises that who will render the Ghusl, male or female. The law is that this person will be given
Tayammum. If a Ghayr Mahram is rendering the Tayammum
then the person has to wear a cloth over the hands. A Mahram does not have to wear a cloth over
the hands.With regard to marriage of one who is intersex, if it is an unambiguous case,
then according to how he or she is classified, he or she may marry someone of the opposite
gender. If it is an ambiguous case, then the marriage
of such a person cannot be valid, the reason being that he may be male, in which case how
can he marry another male, or may be female, in which case she can’t marry another female
like her. If this individual is sexually attracted to
females and claims to be a man, this is a sign that he is most likely male, and vice
versa.Intersex medical interventions are considered permissible to achieve agreement between a
person’s exterior, chromosomal make-up or sex organs. They are regarded as treatment and not the
altering of Allah’s creation or imitation of the opposite sex.==Concubinage==Concubinage was a relationship between a man
and an unmarried female slave whom he owns; the term refers to the status of the female. If she gives birth to a child by her master,
the slave becomes umm walad (“mother of child”, “concubine”). The Hanbali jurist Ibn Qudama explains that
the father is not allowed to sell or transfer ownership of his concubine, though he is entitled
to have sexual relations with her, to employ her service, to hire her out and to marry
her. Ibn al-Humam adds that the slave-owner must
acknowledge the kinship of the child.”Concubine” (surriyya) refers to the female slave (jāriya),
whether Muslim or non-Muslim, with whom her master engages in sexual intercourse. The word “surriyya” is not mentioned in the
Qur’an. However, the expression “Ma malakat aymanukum”
(that which your right hands own), which occurs fifteen times in the sacred book, refers to
slaves and therefore, though not necessarily, to concubines. Concubinage was a pre-Islamic custom that
was allowed to be practiced under Islam with Jews and non-Muslim people to marry concubine
after teaching her and instructing her well and then giving them freedom.Islamic jurisprudence
sets limits on the master’s right to sexual intercourse with his female slave. A man’s ownership of his unmarried slave-girl
gave him an exclusive right to have sex with her that he could not sell to others (in order
to prevent prostitution of slaves). A man could own a limitless number of concubines,
but could not have access to the slave-girls owned by his wife. Marriage between the master and his concubine
was only possible if she was granted free status first. To avoid pregnancies, the master had the right
to practice coitus interruptus. The birth of progeny would change the legal
status of the concubine to that of umm al-walad (“mother of the child”); as such, the concubine
could not then be sold. On the (lawful) death of her master, she would
automatically acquire free status and her children would be considered free and legitimate.Surah
Al-Muminun (23:6) and Surah Al-Maarij (70:30) both, in identical wording, draw a distinction
between spouses and “those whom one’s right hands possess” (female slaves), saying ” أَزْوَاجِهِمْ
أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ” (literally, “their spouses or what their right
hands possess”), while clarifying that sexual intercourse with either is permissible. The purchase of female slaves for sex was
lawful from the perspective of Islamic law, and this was the most common motive for the
purchase of slaves throughout Islamic history.One rationale given for recognition of concubinage
in Islam is that “it satisfied the sexual desire of the female slaves and thereby prevented
the spread of immorality in the Muslim community.” Most schools restrict concubinage to a relationship
where the female slave is required to be monogamous to her master (though the master’s monogamy
to her is not required), but according to Sikainga, “in reality, however, female slaves
in many Muslim societies were prey for [male] members of their owners’ household, their
[owner’s male] neighbors, and their [owner’s male] guests.”The history of slavery in Islamic
states and of sexual relations with slaves, was the “responsibility of Muslims, and not
of the Quran”, according to Parwez, as quoted by Clarence-Smith. Amir Ali blamed the history of Islamic slavery
in racist terms, states Clarence-Smith, stating that slave servitude and sexual abuse of captive
slaves may have been because of degeneration of the Arabs from their admixing over time
with “lower races such as Ethiopians”.==Rape==Rape is considered a serious sexual crime
in Islam, and can be defined in Islamic law as: “Forcible illegal sexual intercourse by
a man with a woman who is not legally married to him, without her free will and consent”.Rape
is forbidden under Islamic law. It is defined as having extramarital intercourse
by force or fear, including any subsequent injury both to the victim’s mental and physical
health. According to Islamic law, it is classified
as hirabah, i.e. a violent crime causing disorder in the land in the manner described in the
Qur’an as fasad (destructive mischief). A similar crime, for example, would be highway
robbery, as it puts fear in people going out or losing their property through violence. Some other branches of Islamic law consider
it to be part of zina, as a crime called “forced fornication” (zina-bil-jabr). In Sharia, rape is punishable by stoning to
death. When a woman went out in the time of the Prophet
for prayer, a man attacked her and overpowered (raped) her. She shouted and he went off, and when a man
came by, she said: That (man) did such and such to me. And when a company of the emigrants came by,
she said: That man did such and such to me. They went and seized the man whom they thought
had had intercourse with her and brought him to her. She said: Yes, this is he. Then they brought him to the Messenger of
Allah. When he (the Prophet) was about to pass sentence,
the man who (actually) had assaulted her stood up and said: Messenger of Allah, I am the
man who did it to her. He (the Prophet) said to her: Go away, for
Allah has forgiven you. But he told the man some good words (AbuDawud
said: meaning the man who was seized), and of the man who had had intercourse with her,
he said: Stone him to death. He also said: He has repented to such an extent
that if the people of Medina had repented similarly, it would have been accepted from
them. Under Islam, sexual intercourse is regarded
as a loving act within marriage and should only be by mutual consent. There is, however, no explicit concept of
rape within marriage in Sharia; a wife is deemed to have accepted conjugal relations
as part of the marriage contract. She can only refuse on grounds which are specified
as prohibited for sexual intercourse such as when she is fasting, menstruating, undergoing
post-natal puerperal discharge, or whilst on Hajj or Umrah.Classical Islamic law defined
what today is commonly called “rape” as a coercive form of fornication or adultery (zināʾ). This basic definition of rape as “coercive
zināʾ” meant that all the normal legal principles that pertained to zināʾ – its definition,
punishment and establishment through evidence – were also applicable to rape; the prototypical
act of zināʾ was defined as sexual intercourse between a man and a woman over whom the man
has neither a conjugal nor an ownership right. Sane adult male and female convicted of zināʾ
were to receive a fixed corporal punishment (ḥadd): One hundred lashes and exile for one year
for unmarried free persons; Stoning to death for married or previously
married free persons;Zināʾ was established, according to classical law, through confession
by one or both parties as well as proof. A second type of evidence – pregnancy in
an unmarried/unowned woman – was contested between the schools. The stringent evidentiary and procedural standards
for implementing the zināʾ punishment may have functioned to offset the severity of
the punishment itself, an effect that seems to have been intended by legal authorities,
who in the early period developed legal maxims encouraging averting the ḥadd punishments
as much as possible, whether through claiming ambiguity (shubhah) or a lack of legal capacity
(ahliyya).What distinguished a prototypical act of zināʾ from an act of rape, for the
jurists, was that in the prototypical case, both parties act out of their own volition,
while in an act of rape, only one of the parties does so. Jurists admitted a wide array of situations
as being “coercive” in nature, including the application of physical force, the presence
of duress, or the threat of future harm either to oneself or those close to oneself; they
also included in their definition of “coercion” the inability to give valid consent, as in
the case of minors, or mentally ill or unconscious persons. Muslim jurists from the earliest period of
Islamic law agreed that perpetrators of coercive zināʾ should receive the ḥadd punishment
normally applicable to their personal status and sexual status, but that the ḥadd punishment
should not be applied to victims of coercive or nonconsensual zināʾ due to their reduced
capacity.According to the Mālikī, Ḥanbalī, and Shāfiʾī schools of law, the rape of
a free woman consisted of not one but two violations: a violation against a “right of
God” (ḥaqq Allāh), provoking the ḥadd punishment; and a violation against a “human”
(interpersonal) right (ḥaqq ādamī), requiring a monetary compensation. These jurists saw the free woman, in her proprietorship
over her own sexuality (buḍʾ), as not unlike the slave-owner who owns the sexuality of
his female slave. For them, in the same way that the slave owner
was entitled to compensation for sexual misappropriation, the free woman was also entitled to compensation. The amount of this compensation, they reasoned,
should be the amount that any man would normally pay for sexual access to the woman in question
– that is, the amount of her dower (ṣadāq or mahr). As far as abortion in the context of rape,
most jurist do not consider rape to be a valid reason: the sanctity of the new life takes
precedence over the autonomy of the pregnant women.However, some womenin the middle east
were arrested after they went to the police to report rapes.==Restrictions on sexual intercourse==
Sexual intercourse is prohibited: during menstruation;
for forty days after childbirth (puerperium); during the daylight hours of the month of
Ramadan (i.e. while fasting); on pilgrimage; while in the sanctuary (in
Ahram) at Mecca, pilgrims are not allowed to have intercourse. Marriages performed during the pilgrimage
are invalid.Do not marry idolateresses until they believe, a believing slave woman is better
than idolateress even if she pleases you and let (your women) not be married with idolater,
a believing slave man is better than idolater even if he pleases you; they call towards
fire and God calls you toward paradise and forgiveness with his will; and he explains
his verses so that you may understand. (Al-Qur’an 2:221) Marriage with an idolatress or idolater is
forbidden (2:221). As well as marriage to one’s father’s wives
(4:22), one’s mother, daughters, sisters, father’s sisters, mother’s sisters, brother’s
daughters, sister’s daughters, foster-mothers, foster-sisters, mother-in-law, stepdaughters
born of women with whom one has had conjugal relations, the wives of blood-sons, and two
sisters from the same family (4:23), as well as all married women except who have become
slaves as their previous marriage ends on becoming slave (3:24).==Sodomy==Yusuf al-Qaradawi, a contemporary Sunni Muslim
scholar, states that sodomy is prohibited. As the act is forbidden in the Islamic marriage
contract, a wife must abstain from it should her husband demand it and may seek divorce
if her husband persists or tries to force it on her. The act in itself, however, does not nullify
the marriage and the wife must seek divorce if she is to leave her husband.Muslim scholars
justify the prohibition on the basis of the Qur’anic verse 2:223, saying that it commands
intercourse only in the vagina (i.e. potentially procreational intercourse). The vaginal intercourse may be in any manner
the couple wishes, that is, from behind or from the front, sitting or with the wife lying
on her back or on her side. There are also several hadith which prohibit
sodomy. Islamic law establishes two categories of
legal, sexual relationships: between husband and wife, and between a man and his concubine. All other sexual relationships are considered
zināʾ (fornication), including adultery and homosexuality, according to Islamic law
and exegesis of the Qur’an. From the story of Lot it is clear that the
Qur’an regards sodomy as an egregious sin. The death by stoning for people of Sodom and
Gomorrah is similar to the stoning punishment stipulated for illegal heterosexual sex. There is no punishment for a man who sodomizes
a woman because it is not tied to procreation. However, other jurists insist that any act
of lust in which the result is the injecting of semen into another person constitutes sexual
intercourse.Sodomy often falls under that same category as sex between and unmarried
man and women engaging in sexual acts. Male-male intercourse is referred to as liwat
(literally, “joining”) while female-female intercourse is referred to as sihaq (literally,
“rubbing”). Both are considered reprehensible acts but
there is no consensus on punishment for either. Some jurists define zināʾ exclusively as
the act of unlawful vaginal penetration, hence categorizing and punishing anal penetration
in different ways. Other jurists included both vaginal and anal
penetration within the definition of zināʾ and hence extended the punishment of the one
to the other. Religious discourse has mostly focused on
sexual acts, which are unambiguously condemned. The Qur’an refers explicitly to male-male
sexual relations only in the context of the story of Lot, but labels the Sodomites’s actions
(universally understood in the later tradition as anal intercourse) an “abomination” (female-female
relations are not addressed). Reported pronouncements by Muhammad (hadith)
reinforce the interdiction on male-male sodomy, although there are no reports of his ever
adjudicating an actual case of such an offense; he is also quoted as condemning cross-gender
behavior for both sexes, but it is unclear to what extent this is to be understood as
involving sexual relations. Several early caliphs, confronted with cases
of sodomy between males, are said to have had both partners executed, by a variety of
means. While taking such precedents into account,
medieval jurists were unable to achieve a consensus on this issue; some legal schools
prescribed capital punishment for sodomy, but others opted only for a relatively mild
discretionary punishment. There was general agreement, however, that
other homosexual acts (including any between females) were lesser offenses, subject only
to discretionary punishment.Currently, sodomy is punishable by death in a number of Muslim
countries, including Saudi Arabia and Yemen, as well as in Nigeria’s Sharia courts.==Oral sex==In Islam, oral sex between a husband and wife
is considered “Makruh Tahrimi” or highly undesirable by some Islamic jurists when the act is defined
as mouth and tongue coming in contact with the genitals. The reason behind considering this act as
not recommended is manifold, the foremost being the issue of modesty, purification (Taharat)
and cleanliness.The most common argument states that the mouth and tongue are used for recitation
of the Qur’an and for the remembrance of Allah (Dhikr). The status of genital secretions is debated
among the four Sunni schools, some scholars viewing it as impure and others not.==Purification and hygiene==After partaking in sexual activity where penetration
or ejaculation occurs, both men and women are required to complete a full-body ritual
ablution known as ghusl in order to re-establish ritual purity before prayer. Ghusl requires clean, odorless water that
has not been used for a previous ritual and begins with the declaration of the intention
of purity and worship. A Muslim performing complete ablution then
washes every part of his or her body.==Fasting and Ramadan==
It is made lawful to you to go into your wives on the night of the fast; they are an apparel
for you and you are an apparel for them; Allah knew that you acted unfaithfully to yourselves,
so He has turned to you (mercifully) and removed from you (this burden); so now be in contact
with them and seek what Allah has ordained for you, and eat and drink until the whiteness
of the day becomes distinct from the blackness of the night at dawn, then complete the fast
till night, and have not contact with them while you keep to the mosques; these are the
limits of Allah, so do not go near them. Thus does Allah make clear His communications
for men that they may guard (against evil). According to Qura’nic verse 2:187, one may
have sex during the month of Ramadan but not during the time of fasting. As such, sex during Ramadan is only permitted
at night. Although this passage is explicitly addressed
to men, the regulations on sex in regard to fasting are universally taken to apply equally
to both male and female Muslims.==Menstruation==
And they ask you about menstruation. Say: It is an illness; therefore keep aloof
from the women during the menstrual discharge and do not go near them until they have become
clean; then when they have cleansed themselves, go in to them as Allah has commanded you;
surely Allah loves those who turn much (to Him), and He loves those who purify themselves. Verse 2:222 in the Qur’an implies that sexual
relations during menstruation are prohibited. However, unlike Jewish tradition, Islam does
not forbid men from interacting with menstruating women entirely. Ibn Kathīr, a muhaddith, narrated a hadith
that describes Muhammad’s habits with his menstruating wives. This hadith demonstrates that Muhammad gave
license to all forms of spousal intimacy during the period of menstruation with the exception
of vaginal intercourse. Women are required to perform ritual cleansing
(ghusl) before resuming religious duties or sexual relations upon completion of her menstruation.==Nocturnal emission==Nocturnal emission is not a sin in Islam. Moreover, whereas a person fasting (in Ramadan
or otherwise) would normally be considered to have broken their fast by ejaculating on
purpose (during either masturbation or intercourse), nocturnal emission is not such a cause. They are still required to bathe prior to
undergoing some rituals in the religion. Muslim scholars consider ejaculation something
that makes one temporarily ritually impure, a condition known as junub; meaning that a
Muslim who has had an orgasm or ejaculated must have a ghusl, before they can read the
Qur’an or perform the formal prayer known as salat.==Masturbation==According to most jurists, masturbation is
generally considered Haram or prohibited in Islam. But there are varying opinions on the permissibility
of masturbation. The Qur’an has been cited as being ambiguous
on the issue of masturbation. The hadith regarding masturbation are, too,
not considered to take a definitive stance on the subject. As such, positions on masturbation vary widely. According to alDin Tarbiyyah, it is permissible
if done out of necessity. He also permitted masturbation as a means
whereby soldiers, far away from their wives on a tour of duty may remain chaste. The four Sunni schools of jurisprudence (known
as Madhaahib – the Hanafi, Shafi’i, Maliki and Hanbali schools of Fiqh) have differing
stances on the issue. Some see it forbidden in certain cases (i.e.
if it leads a man/woman to ignore their spouse sexually) but recommended it when they see
it as a lesser evil to illicit sex. It is generally prohibited according to the
Hanafi and Hanbali Mazhabs, unless one fears adultery or fornication, or is under the desire
pressure, in which case, it is permissible to seek a relief through masturbation. According to Ahmed ibn Hanbal, it is permissible
for prisoners, travellers and for men and women who have difficulty in finding a lawful
spouse. It is prohibited all the time according to
the Maliki and Shafi`i Mazhabs. It is haram in Shi’ite jurisprudence. There has always been a view to permit masturbation
as the lesser of two evils (so as to ward of falling into fornication). Thus it is categorically incorrect to state
that all Islamic scholars of the early Islamic age have unanimously agreed upon its complete
prohibition. Jurists distinguish between those who masturbate
out of necessity and those who have these means yet still masturbate to gratify their
lust.==Contraception==
The Qur’an does not contain explicit text regarding contraception. Muslims refer to the hadith on the question
of contraception. According to Muslim scolars, birth control
is permitted, when it is temporary and for a valid reason. The companions of Muhammad are cited when
addressing this issue. For example, Jabir, one of Muhammad’s companions,
relates a hadith in which a man came to Muhammad and said “I have a slave girl, and we need
her as a servant and around the palm groves. I have had sex with her, but I am afraid of
her becoming pregnant.” The Prophet responded, ″Practice coitus
interruptus with her if you so wish, for she will receive what has been predestined for
her.″ As such, the withdrawal method of contraception is allowed according to the
hadith. Muslim jurists concur with its permissibility
and use analogical deduction to approve other forms of contraception (e.g. condom usage). Supporting Sunnah include:
A man said: “Apostle of Allah, I have a slave-girl and I withdraw from her (while having intercourse),
and I dislike that she becomes pregnant. I intend (by intercourse) what the men intend
by it. The Jews say that withdrawal method (Al-azl)
is like burying the living girls on a small scale.” He (the Prophet) said: “The Jews told a lie. If Allah intends to create it, you cannot
turn it away.” “O Allah’s Apostle! We get female captives as our share of booty,
and we are interested in their prices, what is your opinion about coitus interruptus?” The Prophet said, “Do you really do that? It is better for you not to do it. No soul that which Allah has destined to exist,
but will surely come into existence.”===
Sterilization===It is not permitted to carry out operations
on men or women that will lead to complete sterility, such as cutting the vas deferens
(vasectomy) in men, or removing the ovaries or womb (hysterectomy or ligation) in women. Irreversible methods of contraception and
birth control called sterilization are not allowed for both male and female, except in
the case of the wife who becomes terminally ill and perpetually incapable of having babies. Therefore, if the sterilization is irreversible
and cannot be undone, it will not be permissible unless the woman is terminally ill. Under normal circumstances, sterilization
is considered to be absolutely and decidedly prohibited in Shari’ah. The irreversible nature associated with both
the male and female sterilizations clearly contradicts one of the primary purposes of
marriage which is to have children, as mentioned by Abu Hamid al-Ghazali in his Ihya’ Ulum
al-Din. Furthermore, sterilization is a form of mutilation
of one’s body (muthla), which has been clearly forbidden in the Shari’ah. Allah Most High mentions in An-Nisa the words
of Satan, when he said: “I will mislead them, and I will create
in them false desires; I will order them to slit the ears of cattle and to deface the
(fair) nature created by Allah.” However, in cases of absolute necessity, sterilization
does become permitted. The well-known principle of Islamic jurisprudence
based on the guidelines of the Qur’an and Hadith states: “Necessities make prohibitions
lawful.” Being sterilized permanently may mean one
of two things: – It may be done out of necessity, such
as if it is determined by trustworthy medicinal evidence that pregnancy will pose a danger
to the mother’s life, and there is no hope of a cure, so permanent sterilization will
ward off that danger. In this case it is permissible to be sterilized. – When there is no need for it. Undoubtedly in this case it is a criminal
act and a major sin, because it is a transgression against the creation of Allaah for no reason,
and preventing the production of offspring which was encouraged by the Prophet (peace
and blessings of Allaah be upon him), and being ungrateful for the blessing of children
which Allaah bestows upon His creation. And it is not permissible to do anything that
will put a stop to pregnancy.The Islamic Fiqh Council stated the following: It is haraam to sterilize both men and women,
if there is no necessary reason for doing so unless there is a necessity which is to
be determined according to the guidelines set out by sharee’ah. It is permissible to take temporary measures
to space pregnancies or prevent them for a limited period of time, if there is a legitimate
shar’i need to do so, so long as this decision is made on the basis of mutual consultation
and approval between the spouses. That is subject to the condition that no harm
should result from that, and that the means should be acceptable according to sharee’ah,
and that there should be no harm caused to an existing pregnancy. Based on this, if preventing pregnancy is
for a legitimate reason as outlined above, then there is nothing to do anything. But if it was not for a necessary reason,
then sterilizing is prohibited.==Castration==
Castration is removal of the testicles. The Arabic word translated here as castration
may also refer to removal of the testicles and penis. Some scholars differentiated between the two
and said: If his testicles only are cut off, then he is a eunuch; if his penis is cut off,
then he is emasculated. It is prohibited for a person to do that deliberately
to himself or to someone else. Castration of the human is prohibited in Islam,
whether he is a child or an adult, because of the prohibition on hadith on that. Ibn Hajar said: it is prohibited, therefore it is haraam,
and there is no difference of opinion concerning that in the case of the sons of Adam (i.e.,
humans). Among the reports that confirm this prohibition
is the following prophet Muhammad’s era, when some followers wanted to be castrated in abstance
of their wives, but the prophet forbade it and permitted three days temporary marriage
for them for a certain period, but after the period he declered it permanently forbidden: Abdullah (b. Mas’ud) reported: We were on an expedition
with Allah’s Messenger (may peace be upon him) and we had no women with us. We said: Should we not have ourselves castrated? He (the Holy Prophet) forbade us to do so
He then granted us permission that we should contract temporary marriage for a stipulated
period giving her a garment, and ‘Abdullah then recited this verse: ‘Those who believe
do not make unlawful the good things which Allah has made lawful for you, and do not
transgress. Allah does not like trangressers” (al-Qur’an,
v. 87). Sabra al-Juhanni reported on the authority
of his father that while he was with Allah’s Messenger (may peace be upon hm) he said:
0 people, I had permitted you to contract temporary marriage with women, but Allah has
forbidden it (now) until the Day of Resurrection. So he who has any (woman with this type of
marriage contract) he should let her off, and do not take back anything you have given
to then (as dower). According to the hadeeth of Sa‘d ibn Abi
Waqqaas: The Messenger of Allah (blessings and peace of Allah be upon him) forbade ‘Uthmaan
ibn Maz’oon to be celibate. If he had given him permission, we would have
gotten ourselves castrated. It was narrated from Salamah bin Rawh bin
Zinba’, that : his grandfather came to the Prophet and he had castrated a slave of his. The Prophet manumitted the slave in compensation
for having been mutilated. Narrated Qatadah: Samurah reported the Messenger
of Allah as saying: Whoever kills his slave we shall kill him, and whoever cuts the nose
of his slave we shall cut off his nose. If anyone castrates his slave, we shall castrate
him. Ibn Hajar said, commenting on these hadiths:
The reason behind the prohibition on castration is that it is contrary to what the Lawgiver
wants of increasing reproduction to ensure continuation of struggle against the disbelievers. Otherwise, if permission had been given for
that, then many people would have done that, and reproduction would have ceased, and the
numbers of Muslims would have become less as a result, and the numbers of non-muslims
would have increased, and that is contrary to the religious purpose.==In vitro fertilization==
Regarding the response to In Vitro Fertilization (IVF) of Islam, the conclusions of Gad El-Hak
Ali Gad El-Hak’s ART fatwa include that: IVF of an egg from the wife with the sperm
of her husband and the transfer of the fertilised egg back to the uterus of the wife is allowed,
provided that the procedure is indicated for a medical reason and is carried out by an
expert physician. Since marriage is a contract between the wife
and husband during the span of their marriage, no third party should intrude into the marital
functions of sex and procreation. This means that a third party donor is not
acceptable, whether he or she is providing sperm, eggs, embryos, or a uterus. The use of a third party is tantamount to
zina, or adultery.==Abortion==Islamic schools of law have differing opinions
on abortion, though it is prohibited or discouraged by most. However, abortion is allowed under certain
circumstances, such as if the mother’s health is [seriously] threatened. If the abortion is necessary to save the woman’s
life, Muslims universally agree that her life takes precedence over the life of the fetus. Muslim jurists allow abortion in this context
based on the principle that what is considered the greater evil – the woman’s death – should
be warded off by accepting the lesser evil of abortion. In these cases, the physician is considered
a better judge than the scholar. Abortions of pregnancies that are merely unplanned
or unwanted are generally haram (forbidden). The Qur’an forbids the abortion of a fetus
for fear of poverty: …kill not your children on a plea of want;
We provide sustenance for you and for them Kill not your children for fear of want: We
shall provide sustenance for them as well as for you: verily the killing of them is
a great sin. Muslim views on abortion are also shaped by
the Hadith as well as by the opinions of legal and religious scholars and commentators. In Islam, the fetus is believed to become
a living soul after four months of gestation, and abortion after that point is generally
viewed as impermissible. Many Islamic thinkers recognize exceptions
to this rule for certain circumstances; indeed, Azizah Y. al-Hibri notes that “the majority
of Muslim scholars permit abortion, although they differ on the stage of fetal development
beyond which it becomes prohibited.” According to Sherman Jackson, “while abortion,
even during the first trimester, is forbidden according to a minority of jurists, it is
not held to be an offense for which there are criminal or even civil sanctions,” so
Muslims should not support legal restrictions on abortion rights unsupported by Islamic
law, as opposed to solely moral activism.Most Muslim scholars hold that the child of rape
is a legitimate human being and therefore subject to the same laws of abortion (i.e.
its abortion is permitted only if the fetus is less than four months old, or if it endangers
the life of its mother). Some scholars disagree with this position. Some Muslim scholars also argue that abortion
is permitted if the newborn might be sick in some way that would make its care exceptionally
difficult for the parents (e.g. deformities, mental retardation, etc.).==See also==
Marriage in Islam Nikah mut’ah, the Shia fixed-term temporary
marriage. Misyar the Sunni open-ended, negotiated marriage
contract. Repentance in Islam
The Perfumed Garden Sexual ethics
Wedad Lootah, author. Gender roles in Islam==Notes==Ahlul Bayt Digital Islamic Library Project
references==References==
Ayubi, Nazih (2004). Political Islam: Religion and Politics in
the Arab World. New York: Routledge.General Suad Joseph, Afsaneh Najmabadi, ed. (2003). Encyclopedia of Women & Islamic Cultures:
Family, Law, and Politics. BRILL.==External links==
Sexual impurity and ritual bathing (ghusl) Article on Sexuality in Oxford Islamic Studies
Online Article, “Turning Sex into Sadaqa”, from Islam
for Today (in Urdu) Abstaining from Masturbation
Progressiveislam.org Women’s Health Project section on Sex, Birth Control, and Pregnancy
FSE Project section on Muslim Sexual Ethics themodernreligion.com

Leave a Reply

Your email address will not be published. Required fields are marked *