Islamic sexual jurisprudence


Islamic sexual jurisprudence
is a part of family, marital, hygienical and criminal jurisprudence of Islam that concerns the Islamic laws of sexuality in Islam, as largely predicated on the Qur'an, the sayings of Muhammad and the rulings of religious leaders' 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 Islamencompassing a swath of life broader than sexual activityis largely reserved for marriage. This sensitivity to gender difference, gender seclution 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.
In Islam, prohibitions against extramarital sex are strong and permissible marital sexual activities are familiar subjects. Marriage and concubinage are permitted sexual relationships and they are described in Quran and Hadith as great wells of love and closeness. In these permitted relationships, there are also some limitations as well as permissions: a man should not have intercourse during his wife's menstruation and afterbirth periods. He is also considered to be sinning when penetrating anally. Contraceptive use like 'Azl is permitted for birth control. Actions and behaviours such as abortion after 4 months post conception and homosexuality are strictly forbidden.

Sex education

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 curriculum may be a negative influence on a young child's mind.and then read later
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:
Shaykh Muhammad Shams al-Haqq al-‘Azeemabaadi said:
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 contradiction of earlier saying about sex education – heres religion contradicting itself again around the age of three years – that have a basic connection to the issue of sex education. They are:
  1. 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.
  2. 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 and the like, which have to do with intercourse and ‘awrahs. 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."

Adult

Muslim men and women asked Islamic prophet 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.

Circumcision

Khitan or Khatna 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. Abu Hurayra, a companion of Muhammad, was quoted saying,
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, 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, 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, there are differing opinions about the compulsion of circumcision in Sharia. Imams Abū Ḥanīfa, founder of the Hanafi school of Fiqh, 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 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.

Nocturnal emission

Nocturnal emission is not a sin in Islam. Moreover, whereas a person fasting would normally be considered to have broken their fast by ejaculating on purpose, 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.

Menstruation

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 before resuming religious duties or sexual relations upon completion of her menstruation.

Conservatism

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.".
Quran warns against fahisha or immoral lust.
Some hadith warn against Fahisha including as follows,
Modesty is maintained by gender segregation and seclution and it is verily required in the interaction between members of the marrigiable opposite sex called ghair-i mahram and in some case between the members of same sex and regardless of gender 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,
Hadith also describes the laws of modesty. Along with Quran it has also emphasized marriage as a requirement for modesty and chastity. For example,
Islam has strictly descouraged nudity and public nakedness.It has been mentioned in Hadith ranging about men's and women's private parts that,
Regarding men follows:
Regarding women follows:
"Asma, daughter of Abu Bakr, entered upon the Apostle of Allah wearing thin clothes. The Apostle of Allah 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 for women to cover themselves, the women responded by tearing up sheets to cover their faces." Sahih Bukhari

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,
And also the Muhammad said:
Privacy between unmarried man and woman is not allowed following:
The following hadiths also commands maintaining basic privacy in societal gathering:
In another hadith it has been mentioned,
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:
An-Nisa' 4:27

Legal sexualities

Sexual relationships

In Islam, there are two types of permitted sexual relationship: marriage and concubinage. They are also extended rulings regarding on the affairs.

Marriage

Marriage is a contract between Muslim men and his wife. Marriage has been described in tradition as half of the religion with the regards of preserving chastity.
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: It has been also said: 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:
Prophet Muhammad also declared marital sex as charity:
Limitations
Marriage with an idolatress or idolater is forbidden. Muslim men can marry Muslim, Judaist, and Christian women, but can not marry any other religious or irreligious women, where Muslim women can marry only Muslim men. A Muslim man can maintain at-a-time four marital relationship, but Muslim women can at-a-time maintain only one marital relationship.
Islam has forbidden marriage to one's father's wives, 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 , as well as all married women except who have become slaves as their previous marriage ends on becoming slave.

Concubinage

Islamic law does not require a man to take consent from his slave girl in order to have sexual intercourse with her. Concubinage is the only legal practice outside marriage in Islam, which is a sexual relation between a Muslim man and an unmarried female slave whom he owns. The term refers to the status of the female; 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." 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" refers to the female slave, 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", 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 through some reform with Jews and non-Muslim people. Muhammad also inspired to free "converted pious" concubines and marry them.
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 under the condition that he could not sell her 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 ; as such, the concubine could not then be sold. On the death of her master, she would automatically acquire free status and her children would be considered free and legitimate.
Surah Al-Muminun and Surah Al-Maarij both, in identical wording, draw a distinction between spouses and "those whom one's right hands possess", saying " أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ", 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, but according to Sikainga, "in reality, however, female slaves in many Muslim societies were prey for members of their owners' household, their neighbors, and their guests." It is also considered a cultural taboo as a result according to which it was banned in numerous Islamic Empires and is out of favor in modern day Muslim countries. The practice has recently seen a revival among terrorist circles like the ISIS and Daesh.
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".

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 hadiths follow:
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 only except anal intercourse, these hadiths put no direct restrictions on the type of techniques used during foreplay or during intercourse.
Allah says in the Qur'an:
In the foregoing verse the word harth indicates that any kind of vaginal sex is permissible in Islam, but not anal sex, because vagina is the place from where children are produced; and it is also regardless any of sexual positions, because, the semen lodged in the womb from which offspring comes is likened to the seeds that are planted in the ground, bringing vegetation, and anyhow the seed is sown, it will bring out seedling; similarly vaginal intercourse regardless any position results in offspring generation. Although some claims that, top to bottom position has been encouraged most, but none of the vaginal sexual positions has been mentioned as prohibited in scripture and tradition.

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, mentioning this tradition:
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.
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.

Restrictions

All Muslim jurists agree that anal sex is haram, based on the hadith of Muhammad:
Further, it is reported that Muhammad referred to such an act as "minor sodomy".
Sexual intercourse is prohibited:
In Islamic jurisprudence, the primary purpose of sex between marriage and concubinage 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: - to increase mankind Islam is propagated by increasing the number of followers of the prophet Muhammad parents will hope to leave behind children who will pray for them 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 always supports a pro-natalist view of procreation, through many hadith.
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.

In vitro fertilization

Regarding the response to In Vitro Fertilization of Islam, the conclusions of Gad El-Hak Ali Gad El-Hak's ART fatwa include that:
Sexual hygiene in Islam is a prominent topic in Islamic jurisprudence due to its everyday nature. explains:
When there is discharge of thick, cloudy white fluid or unlustful discharge of thin, sticky, white fluid caused by play or kissing, it requires ghusl. And wudu.

Regarding things that necessitates ghusl:
  1. sperm or female ejaculate that leaves its place of origin with desire , even if it exits the body without desire, even if without sexual intercourse;
  2. the head of the penis entering either private part of a living human being who is fit for sexual intercourse, even without any release of sexual fluids...”
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. There are reports in the Sunnah of the Prophet Muhammad which indicate that the pubic hairs should be removed, he had set a time limit of 40 days, and the hair should not be left any longer than that and he set a time limit of no more than forty days for trimming the moustache, clipping the nails, plucking the armpit hairs and shaving the pubic hair.

Fasting and Ramadan

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.

Illegal sexualities

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 laws made by exegesis of the Qur'an and the hadiths, are considered zinā.

Pornography

Pornography is considered haram and a clear sin.
The Quran states:

Masturbation

According to majority jurists, masturbation is generally considered Haram or prohibited in Islam. But there are varying opinions among few jurists 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 have differing stances on the issue. Some see it forbidden in certain cases 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. Thus it is categorically incorrect to state that all Islamic scholars of the early Islamic age have unanimously agreed upon its complete prohibition. Those few jurists who permits masturbation in different cases, they distinguish between those who masturbate out of necessity and those who have these means yet still masturbate to gratify their lust.

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 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. Firstly, scholars considers touching genital by mouth as discouraged mentioning the reason that, touching genitals with the right hand rather than the left hand has been prohibited by Muhammad; as in their opinion, mouth is comparatively more honorable than the right hand, for that touching genitals with the mouth is more abhorrent and vacatably excluded. Secondly, the status of genital secretions is debated among the four Sunni schools, some scholars viewing them as impure and others not.

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.
Verse 24:2-3 states that outside marriage and concubinage, Islamic law prohibits sexual relations as zina . 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.

Prostitution

is banned in Islam. Quran states,
Prostitution 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.
Narrated Abdullah ibn Abbas:
In Islam, prostitution is considered a sin, and Abu Mas'ud Al-Ansari is attributed with the saying:
Narrated 'Urwa bin Az-Zubair:
According to Shia Muslims, Muhammad sanctioned fixed-term marriage – Nikah mut‘ah or sigheh, which is used as a legal alternative of prostitution in West Asian Shia population, where prostitution is 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:
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.

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. 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". In Sharia, rape is punishable by stoning to death.
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. This basic definition of rape as "coercive zināʾ" meant that all the normal legal principles that pertained to zināʾits definition, punishment and establishment through evidencewere 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 :
Zināʾ was established, according to classical law, through confession by one or both parties as well as proof. A second type of evidencepregnancy 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 or a lack of legal capacity.
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", provoking the ḥadd punishment; and a violation against a "human" right, requiring a monetary compensation. These jurists saw the free woman, in her proprietorship over her own sexuality, 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. 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.

Sodomy

, 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 :wikt:nullify|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. 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.
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 while female-female intercourse is referred to as sihaq. 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 an "abomination". Reported pronouncements by Muhammad 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 and banishing them from local places, 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 were lesser offenses, subject only to discretionary punishment.

Homosexuality

The Qur'an strictly prohibits homosexuality through the story of Lot, in Al-Nisa, Al-Araf and possibly verses in other surahs. For example, this was the verse addressed directly to Muhammad and his followers:
In another verse, it has been also pointed out,
The Hadiths consider homosexuality as zina, and male homosexuals to be punished with death. For example, Abu Dawud states,
Al-Nuwayri in his Nihaya reports that Muhammad is "alleged to have said what he feared most for his community were the practices 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 presume same-sex attraction, extol abstention and 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.
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.

Incest

Hadith forbids incestous relationship, marriage and therefore sexual intercourse between someone who is mahram, the Qur'an stipulates categories of women with whom men are prohibited from getting married and thus 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. Islam prescribes execution as punishment for such act.

Bestiality

According to hadith, bestiality is defined under zina and its punishment is execution of the accused man or woman along with the animal.

Gender non-conforming people

Transgender

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. Effeminate people are of two types.
Those who are created that way ; there is no sin on them.
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 their behavior:
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, and some scholars claimed it to be worse than homosexuality. Allah relates that Satan says:
Muhammad also said regarding people "imitating" the opposite sex:

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.

Contraception

The Qur'an does not contain explicit text regarding contraception. Muslims refer to the hadith on the question of contraception. According to Muslim scholars, 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 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. Supporting Sunnah include:

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 in men, or removing the ovaries or womb 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, which has been clearly forbidden in the Shari’ah. Allah Most High mentions in An-Nisa the words of Satan, when he said:
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:
Being sterilized permanently may mean one of two things:
  1. – 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.
  2. – 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, 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:
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

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:
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 declared it permanently forbidden:
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.

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 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 evilthe woman's deathshould 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. The Qur'an forbids the abortion of a fetus for fear of poverty:
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."
Most Muslim scholars hold that the child of rape is a legitimate human being and therefore subject to the same laws of abortion. 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.