Islamic sexual jurisprudence

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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) which confinine sexual activity to
heterosexual marital sexual relations between one Muslim male and no more
than one wife at a time from up to four concurrent lawful wives (Muslim or
otherwise), or heterosexual marital sexual relations between one Muslim female
and her one sole lawful Muslim husband, or heterosexual concubinage sexual
relations between one Muslim male slave-owner and no more than one female
slave at a time from any number of concurrently wholly owned female slaves
(Muslim or otherwise).

Sexual activity itself is not to be considered a taboo subject in Islam,[1][2][3]

although there are strong prohibitions against both male and female Muslims
engaging in sex outside of marriage and, for male Muslims, sex with a female
non-spouse that is not a wholly owned female slave (i.e. shared-ownership).

Permissible sexual relationships are described in Quran and Hadith as great

wells of love and closeness. Even within marriage and concubinage, there are
limitations: a man should not have intercourse during his wife's or female
slave's menstruation and afterbirth periods. He is also considered to be sinning
when penetrating anally. Actions and behaviours such as abortion (other than
for medical risk to the pregnant woman) and homosexuality are also strictly
forbidden; contraceptive use is permitted for birth control.

Contents

1 Puberty
2 Circumcision
3 Modesty
4 Marriage
5 Sex within marriage
o 5.1 Sexual techniques
o 5.2 Sexual obligations
6 Muslim male's sex with female slaves
7 Fornication and adultery
o 7.1 Illegal sex (fornication)
8 Pornography
9 Prostitution
10 Homosexuality
11 Concubines
12 Rape
13 Restrictions on sexual intercourse
14 Sodomy
15 Oral sex
16 Purification and hygiene
17 Fasting and Ramadan
18 Menstruation
19 Nocturnal emission
20 Masturbation
21 Contraception
22 Abortion
 23 See also
24 Notes
25 References
26 External links

Puberty

See also: Islamic theological jurisprudence and Islam and children

Bligh or bulgh (Arabic: or ) 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.[4]

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, ejaculation, and impregnating a
woman. 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.

Circumcision

See also: Khitan (circumcision) and Religious views on female genital

mutilation Islam

Khitan or Khatna (Arabic: , Arabic: )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.[5] Whether or not it should be carried out after
converting to Islam is debated among Islamic scholars.[6][7][8][9]

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"

(reported in the hadiths of Sahih al-Bukhari and Sahih Muslim).

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[10] 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."[11]

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.[12][13] Many of his early disciples
were circumcised to symbolize their inclusion within the emerging Islamic
community.[14] Amongst Ulema (Muslim legal scholars), there are differing
opinions about the compulsion of circumcision in Sharia (Islamic law). Imams
Ab anfa, founder of the Hanafi school of Fiqh (Islamic jurisprudence), and
Malik ibn Anas, maintain that circumcision is a Sunnah Mu'akkadahnot
obligatory but highly recommended. The Shafi`i and Hanbali schools see it as
binding on all Muslims.[15] 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.[16] 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.[5]

Modesty

See also: Awrah and Islam and clothing

Islam has strongly emphasized the concept of 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.".[17] 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.[18][19] In Quran, the
subjects deal with modesty 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."

An-Nur 24:30-33

"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."

An-Nur 24:58-61

In another verse, it has also been mentioned that,[18]

So the good women are obedient, guarding the unseen as Allah has guarded.

An-Nisa 4:34

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."

Sahih al-Bukhari, 7:62:4,Sahih al-Bukhari, [], Sahih Muslim, 1400:

It has been mentioned in Sunan Abu Dawood that,

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 (slave girls, 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)."

Sunan Abu Dawood, 31:4006

It is said in a hadith that,[18]

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).

Sahih Muslim - 3369

In another hadith, it is said that,[20]

The prophet said, "No man alone with an (unknown) woman but the Shaytan
(evil) is the third one present."

narrated in Musnad Ahmad and Jami-i Tirmidhi

In another hadith, it is said that,[20]

Narreted 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 women
without wearing lower garment under one cover."

Sunan Abu Dawood, 31:4007, Sunan Abu Dawood, 31:4008

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."

Narrated by Abu Dawood (495)

There is also prescription of modesty 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."

Al-Muwatta, 41 2.12

In another hadith, it has been mentioned that,

"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. ..."

Sunan Ibn Majah - 4,019

Marriage

See also Marriage in Islam

Marriage (Nikah) is a contract between Muslim men and his wife. In another
Hadith, Muhammad is reported to have said: No believing man should have
enmity and hatred against a believing woman. If he dislikes certain habits of
that woman, there would certainly be some virtues in her too.[citation needed]

The Qur'an says: The women have almost the same rights over men as men
have certain rights over the women in kindness [quran chhapter 2 verse
228].[citation needed]

Sex within marriage

Further information: Islamic marital jurisprudence

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.[21][22][23] 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."

(2:222)
[Ahlul Bayt Digital Islamic Library Project 1]
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."

[al-Muminoon 23:5-6]
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."

The Wasaelush Shia (vol. 14, p. 25)

[Ahlul Bayt Digital Islamic Library Project 2]

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. 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.[24][25][26][27]

Conversely, one area of sexual techniques that is generally prohibited is anal

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).

Quran 2:223

In the foregoing verse the word harth (tilth) indicates that only vaginal sex is
permissible in Islam, because it is from this place children are produced. 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.

All Muslim jurists agree that anal sex is haram (prohibited), based on the hadith
of Muhammad:
Do not have anal sex with women.

Reported by Ahmad, At-Tirmidhi, An-Nasa'i, and Ibn Majah

Muhammad also said, "Cursed he. ..who has sex with a woman through her
back passage."

Ahmad

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."

Reported by Ahmad, 5/213

Ibn Abbas narrated: "The Messenger of Allah said: "Allah will not look at a
man who has anal sex with his wife."

Reported by Ibn Abi Shaybah, 3/529; At-Tirmidhi classified it as an authentic

hadith, 1165

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)[28]

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. [29]

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.[30]

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."

al-Bukhari, 3065; Muslim, 1436.

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.[31]

Muslim male's sex with female slaves

Main article: Ma malakat aymanukum

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 "

( " 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.[32]

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."[33] Most schools restrict concubinage to
a relationship where the female slave is required to be monogamous to her
master[34] (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."[33]

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,[who?]
as quoted by Clarence-Smith.[35] 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".[36]

Fornication and adultery

Main article: Zina

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.

Fornicator and fornicatoress flog each one of them one hundred lashes; and do
not took pity on them in the application of Gd'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. 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.[37]

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)."[38]

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.[38]
Pornography

Pornography is considered haram and a clear sin.[39]

The Quran states: Tell the faithful men to cast down their looks and to guard
their private parts. That is more decent for them. Allah is indeed well aware of
what they do. Tell the faithful women to cast down their looks and to guard
their private parts, and not to display their charmsso that you may be
felicitous. (Quran, 24:30-31)

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..

Quran 24:33

Prostitution (trading sex for money) is haraam. If any Muslim does this, he or
she is punishable by stoning until dead. It was practiced by some Muslims
during the 6th century. In the 7th century, Muhammad declared that prostitution
is forbidden on all grounds. 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".

Sahih al-Bukhari, 3:34:439

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.[40] Ibn Battuta tells us several times that he was given or purchased
female slaves.[41]

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.[42]

Homosexuality
Main articles: Zina and Homosexuality and Islam

The Qur'an strictly prohibits homosexuality[43] 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.[44][45][46] 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."

Quran 7:8081

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.

Quran 26:165166, trans. Sahih International

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.

Quran 4:16 (Translated by Yusuf Ali)

The Hadiths consider homosexuality as zina, to be punished with death. For

example, Abu Dawud states,[45][47]

Narrated Abdullah ibn Abbas: The Prophet said: If you find anyone doing as
Lot's people did,[48] kill the one who does it, and the one to whom it is done.

Sunan Abu Dawood, 38:4447

Narrated Abdullah ibn Abbas: If a man who is not married is seized committing
sodomy, he will be stoned to death.

Sunan Abu Dawood, 38:4448

Narrated Abu Said al-Khudri: A man should not look at the private parts 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 be lie with another woman without
wearing lower garment under one cover.
Sunan Abu Dawood, 31:4007, Sunan Abu Dawood, 31:4008

All major Islamic schools disapprove of homosexuality,[43][49] 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.[50] 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,[51] while some
others disagree.[52] Early caliphs were known to have had both partners executed
in various ways.[53] 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.[52] Some jurists are so morally offended by
homosexuality that just the discussion around it is cause for excommunication
and anathematizing.[52]

Islamic law establishes two categories of legal, sexual relationships: between

husband and wife and between a man and his concubine.[54] All other sexual
relationships, according to Islamic law and exegesis of the Qur'an, are
considered zin (fornication), including adultery and homosexuality.[54]

Islam allows and promotes platonic love between siblings of the same sex.
However, sexual activities between them are totally prohibited. Ibn Hazm, Ibn
Daud, Al-Mutamid, Abu Nuwas and many others used this edict to write
extensively and openly of brotherly love between men while proclaiming to be
chaste.[citation needed]

The discourse on homosexuality in Islam is primarily concerned with activities

between men. The fuqaha' are agreed that "there is no hadd punishment for
lesbianism, because it is not zina. Rather a tazeer punishment must be imposed,
because it is a sin..'".[55] 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.[56] Some jurists
viewed sexual intercourse as possible only for an individual who possesses a
phallus;[57] 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.[57] Since women do
not possess a phallus and cannot have intercourse with one another, they are, in
this interpretation, physically incapable of committing zin.[57]

Concubines
See also: Islamic views on slavery Sexual intercourse, and Ma malakat
aymanukum and sex

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.[54]

"Concubine" (surriyya) refers to the female slave (jriya), 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.[additional citation needed] 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.[58][additional citation needed]

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. 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.[54]

Rape

Main articles: Zina and Women in Islam

Rape is forbidden under Islamic law.[59] 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.[60]

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.

Jami` at-Tirmidhi, 17:37, Sunan Abu Dawood, 38:4366

Under Islam, sexual intercourse is regarded as a loving act within marriage and
should only be by mutual consent.[additional citation needed] 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.[61]

Classical Islamic law defined what today is commonly called "rape" as a

coercive form of fornication or adultery (zin).[62] This basic definition of rape
as "coercive zin" meant that all the normal legal principles that pertained to
zin its definition, punishment and establishment through evidence were
also applicable to rape; the prototypical act of zin was defined as sexual
intercourse between a man and a woman over whom the man has neither a
conjugal nor an ownership right.[62] Sane adult male and female convicted of
zin were to receive a fixed corporal punishment (add):

One hundred lashes and exile for one year for unmarried free persons;
Stoning to death for married or previously married free persons;

Zin 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 zin 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 add punishments as much as
possible, whether through claiming ambiguity (shubhah) or a lack of legal
capacity (ahliyya).[62]

What distinguished a prototypical act of zin 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 zin should receive the add punishment
normally applicable to their personal status and sexual status, but that the add
punishment should not be applied to victims of coercive or nonconsensual zin
due to their reduced capacity.[62]

According to the Mlik, anbal, and Shfi schools of law, the rape of a free
woman consisted of not one but two violations: a violation against a "right of
God" (aqq Allh), provoking the add punishment; and a violation against a
"human" (interpersonal) right (aqq dam), requiring a monetary
compensation.[additional citation needed] These jurists saw the free woman, in her
proprietorship over her own sexuality (bu), 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
(adq or mahr).[62] 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.[52]

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.[63]

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).[64] 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).[64]

Sodomy

Main article: Islamic view of anal sex

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.[65] The act in itself, however, does not
nullify the marriage and the wife must seek divorce if she is to leave her
husband.[66]

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 zin (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.[54]

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 zin 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 zin and hence extended the punishment of
the one to the other.[57] 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.[53]

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.[57]

Oral sex

Main article: Islamic views on oral sex

In Islam, oral sex between a husband and wife is considered "Makruh

Tahrimi"[67] or highly undesirable by some Islamic jurists when the act is
defined as mouth and tongue coming in contact with the genitals.[68][69] The
reason behind considering this act as not recommended is manifold, the
foremost being the issue of modesty, purification (Taharat) and cleanliness.[70]
The most common argument states[69] that the mouth and tongue are used for
recitation of the Qur'an and for the remembrance of Allah (Dhikr).[71] The status
of genital secretions is debated among the four Sunni schools, some scholars
viewing it as impure and others not.

Purification and hygiene

Main article: Islamic sexual hygienical jurisprudence

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.[72] 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.[73] A Muslim performing
complete ablution then washes every part of his or her body.[73]

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).

Quran 2:187 (Translated by Shakir)

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.[74] 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.[75]

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.
Quran 2:222 (Translated by Shakir)

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.[76] Ibn Kathr, 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.[77]

Nocturnal emission

Main article: Nocturnal emission Islamic view

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.[78]

Masturbation

Main article: Islam and masturbation

According to most jurists, masturbation is generally considered Haram or

prohibited in Islam.[79][80][81] 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.[82] According to alDin Tarbiyyah, it is permissible if done out of
necessity.[83] 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.[81] It is prohibited all the time
according to the Maliki and Shafi`i Mazhabs.[84] It is haram in Shi'ite
jurisprudence.[79] There has always been a view to permit masturbation as the
lesser of two evils (so as to ward of falling into fornication).[85] 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.[82]

Contraception

The Qur'an does not contain explicit text regarding contraception. Muslims refer
to the hadith on the question of contraception. 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.[86]

As such, the withdrawal method of contraception is allowed according to the

hadith. Muslim jurists concur with its permissibility[87] and use analogical
deduction to approve other forms of contraception (e.g. condom usage).[88]
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."[89]

Sunan Abu Dawood, 11:2166

"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."[90]

Sahih al-Bukhari, 3:34:432

Abortion
Main article: Islam and abortion

Islamic schools of law have differing opinions on abortion, though it is

prohibited or discouraged by most.[91] 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.[92] 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

Quran 6:151

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.

Quran 17:31

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,[93] 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."[94] 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.[95]

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[96]). Some scholars disagree with this position. Some Muslim
scholars[who?] 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.).[97][dubious discuss][clarification needed]
See also

Marriage in Islam
Mutah, the Shia fixed-term temporary marriage.
Misyar the Sunni open-ended, negotiated marriage contract.
Repentance in Islam
The Perfumed Garden
Wedad Lootah, author.

Notes

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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
(Arabic) Abstaining from Masturbation
Progressiveislam.org Women's Health Project section on Sex, Birth
Control, and Pregnancy
FSE Project section on Muslim Sexual Ethics
http://www.themodernreligion.com/Sex.htm