Islamic sexual jurisprudence

Homosexuality and Islam


Islam discourages celibacy as a form of religious practice, and considers marriage as the best form that regulates the sexual relationship of human beings.



Qur'anic verses made it legal for Muslim men to marry women from other Abrahamic religions (i.e. Jews and Christians), provided that the women are faithful (adherent) to their own religious beliefs. Contemporary scholars have upheld this ruling, but many view inter-faith marriages as unwise (as it leads to many problems such as determination of religion of children, etc.), albeit legal.



A Muslim woman, on the other hand, is only allowed to marry a Muslim man, one of the reasons being, to marry a non-Muslim man would mean that the children would grow up as non-Muslims. A marriage contract between a Muslim woman and a non-Muslim man is traditionally considered illegal and void, and hence legally an adulterous affair.



The Qur'an states the following conditions for men with regard to marriage:



4:22 And marry not women whom your fathers married save for what is past: it is shameful and odious—indeed an abominable custom.



4:23 Prohibited to you (For marriage) are:- Your mothers, daughters, sisters; father's sisters, Mother's sisters; brother's daughters, sister's daughters; foster-mothers, foster-sisters; your wives' mothers; your stepdaughters under your guardianship, born of your wives to whom ye have gone in,- no prohibition if ye have not gone in;- (Those who have been) wives of your sons proceeding from your loins; and two sisters in wedlock at one and the same time save for what is past; for God is Oft-Forgiving, Most Merciful.



4:24 Also (prohibited are) women already married. Thus hath God ordained (Prohibitions) against you: Except for these, all others are lawful, provided ye seek (them in marriage) with gifts from your property: desiring chastity, not lust, seeing that ye derive benefit from them, give them their dowers (at least) as prescribed; but if, after a dower is prescribed, agree mutually (to vary it), there is no blame on you. And God is All-Knowing, All-Wise.



4:25 If any of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess. And God hath full knowledge about your faith. Ye are one from another: wed them with the leave of their owners, and give them their dowers, according to what is reasonable. They should be chaste, not lustful, nor taking paramours: when they are taken in wedlock, if they fall into shame, their punishment is half that for free women. This (permission) is for those among you who fear sin; but it is better for you that ye practice self-restraint. And God is Oft-Forgiving, Most Merciful.



4:26 Allah doth wish to make clear to you and to show you the ordinances of those before you; and (He doth wish to) turn to you (In Mercy): And God is All-Knowing, All-Wise.



Most forms of sexual contact within a marriage are allowed. Sex is considered a pleasurable, even spiritual activity, and a duty. At least one hadith explicitly states that for a married couple to have sex is a good deed rewarded by God. Another hadith suggests that a man should not leave the proverbial bed until the woman is satisfied, a reference many say points to orgasm.



Adultery warrants severe punishment. Pre-marital sex is also considered sinful, albeit less severe. All shari'a laws regulating sexual conduct apply to both men and women equally, apart from those concerning menstruation.



Forbidden sexual contact includes genital contact with a woman while she is menstruating. In such case, other sexual contact (such as kissing and any sexual activity that does not include vaginal contact) is explicitly allowed. Anal sex, whether it be between a married couple or not, is forbidden by all scholars according to the hadeeth "Cursed is the one who approaches his wife in her rectum" [20] Temporary marriage (Mut'a, marriage designated for a preset period of time) is not allowed by the majority Sunni schools, but is allowed by Shia schools. Debate continues on its validity.



There are dissenting views on the topic of masturbation. While some scholars consider it unlawful and thus prohibited according to Islamic doctrine, others (such as those of the Hanbali doctrine) believe that those who masturbate out of fear of committing fornication or fear for their bodies have done nothing wrong and are not punished if (and only if) they are unable to marry. According to some hadiths however, men are encouraged to fast in order to avoid fornication and tempting oneself with sexual thoughts or conversations with opposite sex outside marriage is strongly discouraged.



Homosexuality is forbidden in Islam; acts of sodomy are explicitly punishable by death in accordance with the Hadith: "Whomever you find doing the deed of the People of Lot, then kill both the doer and whomever he is doing it to." The four Caliphs upheld this ruling, as did all of the Prophet's companions. Sodomy is a capital crime in Iran, Saudi Arabia, the United Arab Emirates, Yemen, Sudan, and Mauritania.