Islamic sexual jurisprudence

From : Wikipedia.org

To varying degrees Islamic law explicitly states that both men and women are entitled to sexual gratification in marriage; the failure or inability to provide this may be cited as grounds for divorce initiated by either the wife or husband. Throughout the history of Islamic exegetical traditions, philosophies, and law, much has been written to encourage, often in quite frank and explicit terms, believers in Islam to cultivate between themselves in their marriages both sexual passion and tenderness.


Aims of sex

Sex is viewed as both for recreational purpose, for strengthening the bonds between the couple and for reproduction.

Yusuf al-Qaradawi, a 21st century Sunni Islamic scholar states:
“ The preservation of the human species is unquestionably the primary objective of marriage, and such preservation of the species requires continued reproduction.

(comment by Hasan Muhammad Taqi al-Jawahiri) It is permitted to control one's birth (controlling the number of children one has by, for example, contraception, etc. for a certain period of time) since there is no frank rule that forbids this operation. However, the Shi'ah sect has always considered the bringing forth of children as mustahabb, as mentioned in the Prophetic tradion said before,'Get marry because I will be proud of your offspring tomorrow, on the Day of Resurrection, that even the miscarried fetus (the abortion) will come to the gate of Paradise and they will say to it/Go, enter the Paradise', and it will answer,'No, until my parents go first[321]'. Many narrations have confirmed that it is mustahabb to marry a fertile woman and that it is makrooh to marry a sterile woman, which clearly show the recommendation of offspring.[1]
”

Islam obligates a married couple to try and have children. The theological understanding and reasons for this are varied, but this essentially means that a spouse is encouraged, religiously, to have sex with their partner on request. However, it is considered forbidden (Haram) for a woman to have sex during her period. This encouragement is on both partners, and while neither partner can force the other to comply, constant refusal to have sex (with a view to conceiving a child) has been recorded as a reason why many women choose to divorce their husband.

Also, while Islam does not teach the Catholic doctrine sometimes caricatured as "every sperm is sacred", it does consider that the consumption of sperm to be haram. As such many scholars consider orally stimulating the male sexual organ to be Haram or unlawful, whereas most see doing so to the female organ as acceptable.[2]

Rewards for sex
The Perfumed Garden, a comprehensive and serious 16th century sex manual and work of erotic literature
The Perfumed Garden, a comprehensive and serious 16th century sex manual and work of erotic literature

* An oft-repeated hadith emphasize the granting of divine reward for sex within marriage:[3]

A narration reports:
“ In the sexual act of each of you there is a sadaqah (charity or gift)." The Companions replied: "O Messenger of God! When one of us fulfils his sexual desire, will he be given a reward for that?" And he said, "Do you not think that were he to act upon it unlawfully, he would be sinning? Likewise, if he acts upon it lawfully he will be rewarded. ”

Ibn Abidin, a 19th century Sunni Hanafi Islamic scholar writes:[4]
“ From Adam till now, including the inhabitants of Jannah, there exists no Ibadat like Nikah and sex and its is a testament of Iman, and Nikah with the exception of iman is an act of worship that cannot be compared as copulating is the means via which the Muslim Ummah increases in its size ”

Grooming

In Sahih Bukhari 7:62:16, Muhammad refers to the shaving of the pubic region.[5]

Foreplay

In hadith, it is said that engaging in sexual intercourse without talking to or kissing one's wife is a sign of a husband's weakness.[6]


Sex and purification

Islamic sexual hygienical jurisprudence is a prominent topic in Islamic jurisprudence (Arabic: fiqh), due to its relevance to the issues prominent in everyday life.

Sex outside of marriage

Adultery

Adultery is strictly, and repeatedly, forbidden in the Qur'an.

* And do not go anywhere near adultery: it is an outrage, and an evil path. (17:32)

* This is a sura (chapter) We have sent down and made obligatory: We have sent down clear revelation in it, so that you may take heed. Strike the adulteress and the adulterer one hundred times. Do not let compassion for them keep you from carrying out God's law -- if you believe in God and the last day -- and ensure that a group of believers witnesses the punishment. The adulterer is only [fit] to marry an adulteress or idolatress, and the adulteress is only [fit] to marry an adulterer or an idolater: such behavior is forbidden to believers. (24:1-3)

While harsh, modern commentators are often quick to note that the punishment prescribed for adultery is mitigated by the impracticality of meeting its requirement for being applied: the testimonies of four eye-witnesses to the act (24:13). Many today consider this to mean it is an almost purely symbolic way of denoting the severity of the offense, while others consider it a legally required punishment.

The Qur'an does additionally allow for sexual relations between a man and those whom "his right hand possesses," traditionally interpreted to mean slaves or prisoners of war, a point anachronistic to contemporary times. Again, some commentators differ as to what is the exact meaning of this term.

Pre-marital sex

The Quran never explicitly prohibits pre-marital sex, though is it commonly assumed to be implied - given its stance towards marriage and controlling one's lustful urges.

While the strictest forms of Sharia law can prescribe the death penalty for adultery, pre-marital sex is considered a lesser offence and is punished by a maximum of 100 lashes to both the male and female. In addition to adultery's underlying betrayal, it is also argued that exception is made towards pre-marital sex because they have no easily-attainable release for their sexual energy, while married couples have their spouse who they should turn towards, for fulfillment[7]

As a result of the Islamic beliefs regarding extra-marital and pre-marital sex, many modern Muslim societies highly value virginity and maintain high rates of abstinence until marriage. While this is true for both genders, often a higher premium is placed upon a girl's virginity, with the associated higher social consequences involved for losing it[citation needed].

Sex and fasting

Regarding sexual intercourse during the month of Ramadan:[8]
The Qur'an, chapter 2 (Al-Baqara), verse 187:
“ 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).— translated by M. H. Shakir


”

Through emulation of the actions of Muhammad and interpretation, this same type of prohibition is extended to voluntary fasts (those which fall outside of Ramadan) as well. Select interpreters have held that the right to sexual gratification in marriage is strong enough that a married woman should seek her husband's approval before choosing days to fast; on this contemporary opinions and practices vary.

[edit] Sex and menstruation
The Qur'an, chapter 2 (Al-Baqara), verse 222:
“ And they ask you about menstruation. Say: It is a discomfort; 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.— translated by M. H. Shakir


”

Many hadith, however, relate stories of Muhammad sharing a bed with his wives while they were menstruating, "fondling" them, or laying with his head in their laps, so this verse should not be interpreted to mean that "to keep away" from women when they are menstruating means anything more than a particular sexual euphemism.[citation needed] the bottom line is a man may share the bed with wife but he is not allowed to have sexual relations with her in those days, because it is not good for both of them.

Yusuf al-Qaradawi, a 21st century Sunni Islamic scholar states:
“ ...it is reported that the Jews and Zoroastrians used to go to extremes in avoiding any physical contact with menstruating women, while the Christians continue to have sexual relations with them without regard to the flow of blood. The Arabs of the period of jahiliyyah would not eat, drink, or sit with women who were menstruating and would send them to separate dwelling just as the Jews and Zoroastrians did. Accordingly, some Muslims asked the Prophet (peace be on him) about what is permitted and what is forbidden in relation to menstruating women. The following verse was then revealed:

(verse 2:222 quoted)

Some people understood the phrase, "Refrain from women, as meaning that they should not live together in the same house during the menstrual periods. The Prophet (peace be on him) then explained the correct meaning of this verse, saying,

I ordered you only to refrain from having intercourse with menstruating women and did not tell you to send them out of the house as the foreigners do.

When the Jews of Madinah heard this they said, "This man does not like to leave any part of what we do unchanged, but does the opposite." Thus the Muslim can fondle and enjoy his menstruating wife, avoiding only the place of hurt. The Islamic position in this regard is' as always, a middle one, between the one extreme of spelling the menstruating woman from the house and the other extreme of having intercourse with her. Recent medical researchers have discovered that the menstrual flow contains a toxic substance which, if undischarged, may be harmful to the body. Likewise; they have discovered the reason why intercourse should be avoided during this time. The reproductive organs become highly congested and the nerves very sensitive due to the secretion of the internal glands; consequently, intercourse may irritate them, possibly impeding the menstrual flow and causing inflammation of the sexual organs.[9]
”

Homosexuality

Ordinarily accepted interpretations of the Qur'an condemn male homosexuality through the story of Lot (see Qur'an verses: 11:69-83, 29:28-35), similarly rendered to the story as it appears in the Biblical book of Genesis, as well as through a verse addressed directly to Muhammad and his followers, which reads:

* If two men commit a lewd act, punish them both; if they repent and mend their ways, leave them alone -- God is always ready to accept repentance, He is full of mercy. (4:16)

It is not always clear whether or not the Qur'an specifically refers to female homosexuality. The verse prior to the one cited above, which begins "if any of your women commit a lewd act," has been interpreted to mean female homosexuality by way of its being paired with a verse regarding "two men among you," but it has also been interpreted to refer to a more general state of illegal sexual activity. Regardless, as sexual activity in Islam has in effect been restricted to marriage and marriage restricted to relationships between opposite sex partners, the correlation broadly drawn has been that all homosexual activity is forbidden, without respect to gender.

As with other faiths, some contemporary interpreters and organizations are working to reinterpret texts so as to allow for same-gender relationships, however this burgeoning venture has not been widely accepted in the mainstream Muslim community. See also Homosexuality and Islam.

Prostitution

Sahih Bukhari 3:34:439

A narration attributed to Abu Mas'ud Al-Ansari reports:
“ Allah's Apostle forbade taking the price of a dog, money earned by prostitution and the earnings of a soothsayer. ”

Masturbation

The Quran does not mention masturbation.

Contraception

The primary method of birth control in Muhammad's time was coitus interruptus (Arabic: al-'azl), the withdrawal method. Numerous hadith are used to declare this an acceptable practice, some with stipulations that it is only so with the woman's consent. A minority of opinions instead uphold a saying attributed to Muhammad that it is "a minor infanticide," however the accuracy of this remark is generally considered weak and therefore may be disregarded.

By correlation this general acceptance of the withdrawal method is expanded to include most modern forms of birth control. However, their use is limited to family planning purposes and are generally considered makruh (things not explicitly forbidden but which should be avoided nonetheless) if intended to permanently prevent conception.

A narration attributed to Jabir ibn Abdullah reports:
“ We used to practice coitus interruptus while the Quran was being revealed. Jabir added: We used to practice coitus interruptus during the lifetime of Allah's Apostle while the Quran was being revealed.[10] ”

A narration attributed to Abu-Sa'id al-Khudri reports:
“ A man said: Apostle of Allah, I have a slave-girl and I withdraw the penis 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 withdrawing the penis (azl) is 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.[11] ”

The above hadith makes it clear that intercourse for sole aim of sexual gratification is not prohibited in Islam.

Abortion

Islam does not traditionally hold that ensoulment occurs at the point of conception. Two passages in the Qur'an describe the fetal development process:

* ...We created you from dust, then from a drop of fluid, then a clinging form, then a lump of flesh, both shaped and unshaped: We mean to make Our power clear to you. Whatever We choose We cause to remain in the womb for an appointed time, then We bring you forth as infants and then you grow and reach maturity. ... (22:5)

* We created man from an essence of clay, then We placed him as a drop of fluid in a safe place, then We made that drop into a clinging form, and We made that form into a lump of flesh, and We made that lump into bones, and We clothed those bones with flesh, and later We made him into other forms -- glory be to God, the best of creators! (23:12-14)

Traditional scholarship places the point of ensoulment nearer to the end of this process, naming it as anywhere between 40 and 120 days after conception, making abortion permissible until that point, though increasingly disliked as time passed.

Contemporary scholarship, however, is more likely to more strongly restrict or even forbid abortion, on the grounds that modern technology has permitted us to perceive life in the womb earlier than was previously possible. All schools of thought, traditional and modern, make allowances for circumstances threatening the health or life of the mother.

Muhammad ibn Adam al-Kawthari in a lecture stated that it was murder if done after three months and before that it was a crime, but not to the degree of murder.