Background reading material for medicine & fiqh panel discussion
at the Kulliyah of Medicine, International Islamic University, Kuantan on 25th
March 2000 by Professor Omar Hasan Kasule Sr.
1.0 MENSTRUATION, haidh
B. Normal Menstruation
C. Pre-Menstrual Syndrome
D. Menopause, ya’isu mina
E. Menstrual Disorders
2.0 HUMAN SEXUALITY, shahwat al
A. Gender Identity
B. Expression Of Human Sexuality
C. Regulation Of Human Sexuality
D. Human Sexuality And Marriage
3.0 CONTRACEPTION, maniu al injaab
A. Legal Rulings On Contraception
B. Male Reversible Methods
C. Female Reversible Methods
D. Male Irreversible Methods
E. Female Irreversible Methods
4.0 PREGNANCY, haml/habl
A. Diagnosis Of Pregnancy
B. Period Of Gestation, muddat
C. Activities In Pregnancy
D. Post-Partum Bleeding, nifaas
E. The New-Born
5.0 BREAST-FEEDING, ridhaa’at
A. Neuro-Humoral Control
B. Period Of Breast-Feeding, muddat
C. Payment for breast-feeding, ajr
D. Foster breast-feeding
E.Activities during breast-feeding1.0 MENSTRUATION
The start of menstruation in adolescence,
menarche, is a sign of adulthood. The age at menarche increases with improvement of nutritional status. The minimum legal
age at menarche is 9 years; there is no maximum set by the Law. Menarche may be early or delayed within the normal expected
The physiological events of the menstrual
cycle aretightly controlled and coordinated by the hypothalamus-pituitary-ovary
axis. The menstrual cycle is not under the woman's conscious control (KS 208). Use of hormones to regulate normal menstruation
for the convenience of the woman should be discouraged unless there is a legal necessity, dharuurat. Such regulation
may interfere with the husband's sexual rights and lead to marital disputes.
LENGTH OF THE MENSTRUAL CYCLE:
The menstrual cycle is one lunar
month on the average (KS 209). It is one of the signs of Allah that a physiological process like menstruation can have the
same duration as the astronomical processes involving rotations and revolutions of the sun and the moon.
DURATION OF THE MENSTRUAL FLOW
The Law sets 1 day as the minimum
duration of the menstrual flow. If the menstrual flow is less than 24 hours, prayers missed in that time have to be repeated
because that flow is not recognized as menstruation.
DURATION OF THE INTERMENSTRUAL PERIOD
The minimal interval of purity, inter-menstrual
period, recognized by the Law is 15 days.
B. NORMAL MENSTRUATION
SOCIAL INTERACTION IN MENSTRUATION
Menstruation is natural and is not
a disease (MB#203). Unlike Jews, Muslim men do not treat a menstruating woman as someone to be shunned (KS 208, MB#204, 205,
206, 208, 209). She carries on her normal life like any other member of the community with minimal restrictions. A menstruating
woman can enter the kaaba (KS 207). She can walk through the mosque. Clothes worn during menstruation can be used for prayer
without the necessity of washing them (KS 154). Spots of menstrual blood however have to be washed away.
MARITAL RELATIONS IN MENSTRUATION
A menstruating woman can do anything
with her husband except sexual intercourse (KS 208). The normal marital relations, mubasharat,
continue (KS 208). A menstruating woman can touch her husband as usual such as washing his head (KS 207) even if he is in
iitikaaf (KS 207). The husband can pray beside her (KS 207, MB 222) and can read Qur'an beside her (KS 207). A menstruating
woman can share the bed with her husband but can not have sexual relations (KS 207, MB#217). The Qur'an ordained sexual abstinence
during menstruation, iitizaal al nisa fi al mahiidh (2:222) Coitus during menstruation
is considered is a sin (KS 208) and a heavy penalty, kaffarat, has to be paid to expiate the sin (KS 208). If there
is a dispute between a husband and wife about the start or end of menstruation, the man's right to sex is upheld.
IBADAT IN MENSTRUATION
Menstruation is a distress, al haidh adha (2:222). A menstruating woman is exempted from obligatory prayers (KS 208, MB#210). She is allowed
to enter the mosque (KS 208) but not to pray there She does not have to pay back prayers missed during menstruation (K209,
MB# 216); She can attend eid salat (MB#218) but does not pray. She is not allowed to touch the Qur 'an, mass al Qur'an (KS 209) or read the Qur'an, tilawat al Qur'an (KS 209)
but she can listen to it with no obligation to make sujuud al tilawat (KS 209).
She is excused from fasting Ramadhan but has to pay back missed days of fasting in Ramadhan, qadha al saum (KS 208, KS 209). The use of hormones to regulate the menstrual period in order to be able to complete
the rituals of pilgrimage is widely used. A menstruating woman can not perform circumbulation, tawaaf, or the trotting,
sa’ay, between safa and marwa.
PURIFICATION AT THE END OF MENSTRUATION
A bath, ghusl, is required
at the end of the menstrual flow (MB#213). This bath has both hygienic and ritual aspects and tayammum can be sufficient
when no water is available (KS 210). Hair must be undone (MB # 215) and must be combed (MB # 214). This bath must be done
before any sexual relations (KS 207, KS 210)
THE WAITING PERIOD, iddat
The menstrual cycle is used to determine
the length of the post-divorce waiting period, iddat al talaaq (KS 210), as well
as the waiting period after death of a husband, iddat al maut. There are disputes among the jurists whether the period
referred to is 3 months, three menstruations, or three inter-menstrual period, quruu/tahuuraat.
C. PRE-MENSTRUAL SYNDROME
SYMPTOMS and SIGNS
About 80-90% of women experience
some form of PMS. The symptoms of PMS are: labile emotions, anger/irritability, anxiety/tension, and decreased interest in
usual activities, easy fatigability, lack of energy, difficulty in concentration, change in appetite, sleep disorders, and
physical symptoms such as breast tenderness.
PMS has a social impact and has been
implicated by research as a factor in mental disorders, irritability, child abuse, alcohol abuse, and depression. Salat may
not be possible in severe forms of PMS but must be made up later. PMS also has legal implications since it can be used as
a court defense in mitigation of crimes committed while in an irritable and tense mental state. PMS may also be raised as
an argument for diminished legal competence, ahliyyat, in civil transactions by women. A woman suffering from PMS could for
example refuse to testify in court. Loss of interest in sex may create stress in marital relations. This is one additional
justification for prohibition of divorce during menstruation.
D. MENOPAUSE, ya’isu mina al haidh
Climacteric: Climacteric is a period
when the woman undergoes endocrine, somatic, and physiological changes as she comes to the end of her reproductive career
and prepares to enter middle age. Climacteric changes are related to ageing and estrogen depletion. The processes leading
to the climacteric start even before birth. At 20 weeks of intra-uterine life there are 700 million oogonia. As the ovary
ages, these decrease to 700,000 at birth. The decrease increases throughout the rest of life. The climacteric like early childhood
and adolescence is a period of transition and is associated with problems and complications.
Menopause: Menopause is permanent
cessation of menses and is considered part of the climacteric. The age at menopause has been rising in countries and societies
where nutrition and health have been improving. Many women do not enter menopause until they are in their late 40s or early
fifties. Among the manifestations of menopause are: vasomotor flushes, osteoporosis, genito-urinary atrophy (vagina, urethra,
and bladder), and cardiovascular disorders (MI, CVA).
Post-menopause: The postmenopausal
syndrome is due to deficiency of estrogen.
PROBLEMS OF THE MENOPAUSE
RULINGS ABOUT MENOPAUSE
Artificial early menopause: A woman
can choose to go into earlymenopause because of the inconvenience of menstruation
and child birth. Early menopause can be induced medically or surgically. An added benefit is prevention of genital tract cancer
by surgical removal of the organs that normally become cancerous. An artificial menopause could also be a way of short-cutting
the problems of the labile transitional period of the menopause. In cases of early surgically induced menopause life-time
estrogen replacement therapy may be necessary. New ijtihad is needed to establish the position of the Law on artificial menopause.
Delay of menopause: It is conceivable
that with suitable hormonal manipulation, a woman could prolong her youthfulness and delay the onset of menopause. The Law
in general is against any deceptions regarding a person's age.
Estrogen replacement therapy: Estrogen
replacement therapy (ERT) can alleviate virtually all menopausal symptoms. ERT has serious side effects that have to be considered.
E. MENSTRUAL DISORDERS
Menorrhaghia: menorrhaghia is excessive
Prolonged menstruation: the menstrual
flow may be prolonged in association with menorrhaghia and without it. The Law considers 15 days the maximum duration of the
menstrual flow. Salat and fasting are suspended during this time.
Dysfunctional uterine bleeding, DUB:
Prolonged bleeding, istihaadhat, is not considered menstruation (MB#171). Intermittent
vaginal discharge is also not a problem (MB#219). DUB does not stop the woman from salat or fasting. It is treated as urinary
incontinence. The woman washes her vagina and perineum, pads herself, makes wudhu and prays immediately to try to avoid being
caught by more bleeding. Sexual relations are allowed in DUB unless there is a medical contra-indication (K 154 Abu Daud K1
B118, Darimi K1 B85, Muwatta K2 H108).
2.0 HUMAN SEXUALITY
A. GENDER IDENTITY
Allah created 2 different and distinct
genders as a pair (75:39, 53:45, 92:3). The male is different from the female (3:36) although ultimately both are from the
same source (4:1, 7:189, 16:72, 30:12, 39:6). Each gender is encouraged to maintain its biological, psychological, emotional,
and social identity. This is for the purpose of facilitating and regulating relations between the two genders for the good
of the whole society. Parity, zawjiyat, is a basic phenomenon of creation that requires that men and women complement
one another each bringing to the relationship unique features of the respective gender identity. This complementation would
be meaningless if the two genders lost their separate identities. On the demographic level, there should exist equal numbers
of men and women. This is maintained in a normal social setting. In abnormal situations the balance may be lost leading to
social problems. One of the signs of the impending last day, yawm al qiyamat, will
be gender imbalance with too many women for few men (KS p. 106). This will be followed by a lot of adultery, zina (KS p. 264).
Gender awareness develops very early
in children. Sexual awareness develops towards puberty. Innate knowledge or awareness of gender is reinforced by the child's
observation of anatomical and behavioural differences between men and women. Socialization also plays a role in strengthening
Pre-islamic Arabia: Gender separation has been used in a wrong way to discriminate
against women on the basis of their sexuality. In pre-Islamic Arabia, jahiliyyat,there was despise for females, idhlaal al nisa. There was preference for male births and hatred for females (6:137, 6:140, 6:151, , 60:12, 81:8-9, -59). Parents were sad on birth
of a daughter (-59, 43:17). Infant daughters were considered a blemish, aar (16:58-59, 43:17) and were buried alive, wa'ad
al banaat (6:137, 6:140, 6:151, 16:58-59, 17:31, 60:12, 81:8-9). Women were inherited as goods ()
and were denied the good things of life (6:139).
Christianity: In Christendom, women were blamed for the original sin of Adam and Hawa and suffered discrimination
as a result.
Modern Europe: The contemporary European
secular society has gone to the other extreme in rejection of the discrimination of women practised in earlier centuries.
However in the process of the so-called liberation of the woman new and perhaps more degrading forms of enslavement have evolved.
In contemporary western society the woman's body is sometimes treated as a sexual object to be exploited in the commercial
advertisement and entertainment industries.
ISLAM and the WOMAN
Islam has emphasized gender identity
while rejecting all forms of discrimination against the woman on the basis of her sexuality. The Qur'an makes it clear that
both Adam and Hawa were misled (, ,
20:121). They both sought forgiveness from Allah and were forgiven (). In 2
verses it is Adam and not Hawa who is mentioned as seeking forgiveness (, 20:122).
Human sexuality could be a cause of corruption. Women because of their sexual attractiveness can be a source of fitnat (MB #1837Qur'an 64:14). This has been misunderstood as derogatory
to the moral standards of women. In practice it is men who are more often the active or aggressive party in sexual corruption
and should take the blame. Any situation of corruption involves both a man and a woman and both are morally guilty. The law
equalises their guilt and their punishment (24:2). In the same way Islam equalizes their reward for good work (3:195, 4:124,
16:97, 40:40, 33:35). Men can also be a sexual attraction as the Qur'an tells us in the story of Yusuf (PBUH). His beauty
was a temptation, fitnat, for women ().
The Law considers any blurring of
the gender distinction between males and females as highly undesirable. This applies to the way of dressing, talking, behaving
and socializing. Effeminate men must not be allowed to enter homes (MB #948). Severe punishment is reserved for men who try
to appear like women, mukhannath, and women who try to appear like men, mutarajjil, (KS p. 190, KS p. 540). The law specifies acceptable clothing and other bodily ornamentation for men
and women (KS p. 266, KS p. 466). Only women can use silk (MB p. 947, KS p. 465) and gold (KS p. 213). It is recommended for
men to grow a beard as a sign of their masculinity (KS p. 468).
B. EXPRESSION OF HUMAN SEXUALITY
HUMAN SEXUALITY IS NORMAL:
Allah created sexual desire, shahwat, in humans (, 7:81, 27:55). It is as normal as is the desire
for food or shelter. Like other desires that Allah created in humans it is powerful and can overwhelm a weak human (23:106).
Sexual desire like the desire for food can be satisfied legally or illegally. It is illegal to satisfy the sexual desire outside
marriage or with a partner of the same gender (7:81, 27:55), or with animals or inanimate things. Humans differ from animals
in that their sexual desire is there all the time. Animals develop the desire only in the period just before copulation and
in their reproductive season or phase. This period is called estrus in apes. It is clear that human sexual desire is not only
for reproduction but also for pleasure. In animals sexual desire is strictly related to the reproductive function. Expression
of human sexuality involves the male and female together. This has been the convention since the creation of Adam. The mutual
needs of men and women for one another are illustrated in the case of Adam and Hawa (KS p.41). Allah told him to settle in
heaven with his wife.
MONASTICISM IS FORBIDDEN:
Islam forbids complete rejection
and suppression of the sexual instinct (MB #1828, 1829, 1830, KS p. 253).The
prophet forbade his companions from castrating themselves so that they may be devoted to worship, ibadat, all the time. Monasticism as practised in some Christian sects and other religions is a human invention
(57:27) that goes against basic human nature.
Allah has created in each gender
features that attract the other gender. These include the physical beauty of the body (shape, size, movements, texture, color),
the voice (pitch and depth), scalp, and body hair (length, distribution, texture). Studies in animals have shown the existence
of pheromones. These are chemical sexual attractants emitted by females. Their existence in humans is being studied. Physical
beauty is appreciated by Islam and is considered one of the 4 reasons for marrying a woman (MB #1835). The intending spouses
must see one another before marriage (MB #1846). This is to ensure that there is enough sexual attraction between them and
prevents the regrets that may occur after marriage ('umdat). Physical beauty deteriorates
with age. Virginity enhances female sexual attraction and is considered desirable (56:36, 66:5). Marrying virgins is preferred
(MB #1831) but there is no prejudice against the elderly widowed (2:234-235) or divorced (2:232) women. Aisha was the only
wife of the Prophet who was a virgin. Shaitan exploits the sexual attraction between the genders to inflame passions that
lead to sexual transgression. Each person always has shaitan with him or her (KS p. 48). The sexual attractiveness of the
woman is generally more than that of the man. Thus in sexual relations it is the male who usually seeks out the female. The
extra beauty and attractiveness of the woman can be a temptation for both her and for men (-24
& -34). A woman conscious of her beauty may exploit it by being flirtous
and thus exposing herself to men. Men will be attracted by her beauty and may lose control and commit sexual transgression.
ENHANCING SEXUAL ATTRACTIVENESS:
Human sexual attraction is enhanced
in many ways; some are legal whereasothers are not. Clothes enhance physical
appearance besides the functions of covering nakedness and protecting the body against the elements of the weather. Perfumes
and other good smells perhaps play the role of pheromones in humans. Women and men can dye their hair (KS p. 215). It is however
forbidden to dye the hair black or to use artificial hair. Circumcision (khitaan)
is exercised in many societies for both men and women. Some societies consider that it enhances sexuality whereas others consider
it to decrease sexuality and use it to control sexual transgression. Islam did not forbid it but requires that it be moderate
and considerate (KS p. 214). Circumcision of men is of hygienic importance.
C. REGULATION OF HUMAN SEXUALITY
The 2 hollow organs will lead most
people to hell: the mouth , fam, and the genitals, farj(KS p. 178). Both are involved in sexual corruption one negotiates
whereas the other commits the crime. The law has regulations for proper conduct of sexual relations. These either aim at decreasing
sexual stimulation or removing antecedents of adultery. Normal functioning of society requires that marriageable men and women
interact. Both genders, in their appearance and behavior, can stimulate sexual passions. This results into a higher likelihood
of sexual transgression. The physical acts of sexual transgression are preceded by acts that may not innately be illegal.
They are however forbidden or restricted because they could lead to or facilitate the commitment of sexual transgression.
These restrictions come under the rubric of prevention of approaching adultery, qurb
al zina (6:151, ).The severe
punishment for zina, hadd al zina, (24:2-3) is a social or public deterrent in
cases of flagrant violation of the law. Under normal circumstances, actual regulation should be social exercised by the family
and not the state.
CONTROL OF THE SEXUAL DRIVE:
It is wrong to consider control of
human sexuality. It must be expressed. The issue is the manner in which it is expressed. This may be right or wrong. For the
youths who are not able to marry, fasting is recommended as a means of controlling the sexual urge for a short time (MB 440).
For the married fasting shouldnot be overused. The fasting person must remember
that the family has rights (MB p 454). Thus conjugal rights of the husband or wife can not be abolished on the basis of non-obligatory,
nafil,fasting. The individual can
exercise control over the sexual urge even in the presence of extreme provocation. A husband and wife need not be separated
in situations in which coitus if forbidden like pilgrimage, fasting, or menstruation. A fasting couple are not allowed to
engage in behavior that may make them lose control and engage in coitus. Kissing of spouses in fasting is allowed provided
there is no fear of transgression otherwise it is forbidden (KS p. 138).
The family and society must erect
psychological barriers that make the commission of sexual transgression difficult. Severe punishment is reserved in the hereafter
for a person who allows sexual misconduct in his or her family, duyuuth (KS p.
263). There should exist in society a psychological revulsion to sexual corruption. Sexual misbehavior, fahishat, should not be allowed to broadcast openly (4:148, 24:19). Thus accusations of marital infidelity, al qadhaf,should not be made without
proof and severe punishment is reserved for the accuser who can not produce 4 witnesses (KS p. 435, 24:4, 24:11-19, 24:23).
Talking about sexual infidelity openly and lightly will eventually make the crime look ordinary and common and thus easier
to commit. Those who committed sexual transgression should be socially isolated by not allowing them to marry chaste people
but to marry only among themselves.
Adultery is a major sin. It has antecedents
and if these are avoided the major ultimate sin may be avoided. The sexual urge is so strong that many people involved in
an antecedent of zina may not be able to control themselves from going on to commit the illegal coitus. The concept of non-coital
adultery refers to acts and behaviours that lead to zina. The various organs of the body can therefore be said to commit non-coital
zina, zina al jawarih (MB #2061, KS p. 264). The eye, the ear, the mouth, and even
the legs that walk from place to place can be accessories to the ultimate sin of illegal coitus. Thus there are regulations
to prevent people from ever getting near adultery (). The measures that protect
the genitals from the ultimate crime are referred to as hifdh al farj (70:29-30)
and inhsan al furuj (21:91, 24:33, 66:12). Men who protect their genitals are called
al muhswinin and women are called al muhswinat
(-25, 5:5, 24:4, 24:23).
The Islamic term haya is not perfectly translated by the English term, shyness. Haya
is an inner spiritual protective device that makes a person shun sin and what may lead to it. It is not bashfulness or being
introvert as some may think of it. Haya is considered part of faith, iman (KS p. 206). It is the morality of Islam (KS p. 206).Haya is always for the good and can never be negative (KS p. 206). It is a characteristic attribute of all messengers
(KS p. 206). The Qur'an describes in detail the haya of the daughters of Shuaib
in their meeting with Musa (PBUH) which should serve as a model for other women (28:23-28).
COVERING NAKEDNESS, satr al awrat:
are those parts of the body that could elicit sexual stimulation if seen. Covering awrat
prevents sexual corruption. Nudity of varying degrees is found in societies according to their level of sexual morality. Both
men and women must cover the awrat. The awrat
of men is different from that of women. The woman's awrat is all her body except
the face and the hands. The man's awrat is confined to what is between the navel,
surrat,and the knee, rukbat. The extent of covering awrat also depends on the person likely
to see and the person being seen (24:31). More of the awrat could be exposed to
close relatives within the confines of the home (24:31, 33:55). A close male relative is not allowed to see a woman's nakedness
except what is between the navel and the knee. The regulations ofhijab are relaxed for an elderly woman with no hope of marriage (24:60). The laws on exposing nakedness start
applying to children from the age of 7. They should seek permission before entering rooms of adults in the home for fear of
accidental exposure of awrat. Male and female children should not share beds after
the age of 7. The law regulates the use of public baths. Where it is not possible to cover awrat, public baths are forbidden (KS p. 203). Naked persons are not allowed in such baths (KS p. 203). The laws
of hijab contain special provisions for women as was described in the verses on
hijab (KS p. 541). It is not enough for the woman to cover her nakedness. The law
of hijab specifies in detail how that nakedness has to be covered. For example
it must be covered in such a way that the shape of the body is not definable. Clothes through which the colour of the skin
can be seen are not permitted. In general the woman should cover all of her body except the face and the hands. In cases of
high temptation due to her beauty she may have to wear a full veil covering her face as well.
It is forbidden for a women to be
alone with a marriageable man (KS p. 540, MB # 1868). Whenever a man is with a woman in seclusion, shaitan comes between them. Shaitan is always trying to misguide as
he did with Adam and Hawa (, ,
). Seclusion is defined as a man being with a marriageable woman who is not
his wife in a place where others can not see them.
law prohibits men and women mixing without necessity. When men and women are together the natural sexual attractiveness could
lead them into temptation. When mixing is unavoidable for societal necessity, the law to guide male-female interaction has
prescribed certain etiquette. Awrat must be covered as prescribed by the law, satr al awrat (24:31). The regulations of hijab
for women must be followed. Men and women who are strangers to one another have to lower their gaze, ghadh al basar(24:31), and not look at each other fixedly and for a prolonged time. Both genders must have haya (28: 23-25). If a man and woman talk to one another they must be serious, jidiyyat al takhatub (33:32) and not engage in frivolous talk that could lead to temptation.
An atmosphere of solemnity, wiqaar, must be maintained during the whole period
of interaction (24:31).
SEXUAL DISPLAY, tabarruj:
Women are supposed to conceal their
ornamentation from public display (24:31). Women are discouraged from going out of their homes heavily adorned with attractive
ornamentation (KS p 539). This includes wearing very heavy perfume in public. Such ornamentation should be reserved for the
home. The ruling is more severe for a wife whose husband is absent (KS p. 540).
PRIVACY OF THE HOME, hurmat al bayt:
A stranger is not allowed to enter
a home unless given permission. This is to preserve the privacy of the occupants. The stranger may enter unannounced and find
them in various degrees of nakedness. Thus permission to enter ensures that the house occupants' nakedness will not be exposed
accidentally (MB #2060). A wife can not admit a stranger to her home without the permission of her husband (KS p. 542). Rooms
within the home are also private territory that should not be entered before asking for permission.
D. HUMAN SEXUALITY AND MARRIAGE
MARRIAGE AND SATISFACTION OF SEXUALITY:
Marriage is a natural human institution.
Adam and Hawa were the first couple (). Marital relations have continued ever
since. A spouse is a source of psychological tranquillity (30:21, 25:74, 7:189). Marriage is the only institution that allows
full expression of human sexuality in a responsible way.It is described by the
Qur'an as a deep and serious relationship (). The spouses give good company
to one another, mu'asharat (). Islam
encourages marriage for all (KS p. 546). Marriage is protection against sexual immorality (KS p. 547, 60:10). If a man sees
an attractive woman he should go to his wife immediately because that protects him from potential sin (KS p. 155). Marriage
also serves the purpose of procreation to maintain the human race and rear children until adulthood (,
4;1, 16:72, ). Marriage is a public affair that must be announced and known
in the community that a couple are husband and wife to avoid any suspicions that arise in secret marriages (KS p. 547, 2:235).
The spouses must freely consent to enter into a marital relation (4:191). Desire for sexual satisfaction is a major reason
for marriage. It is considered offensive by the law for a person who has no sexual desire at all to get married. A person
who has desire for sexual satisfaction but has impediments like poverty or physical disability (disease, impotence) should
control the desire by fasting.
The sexual relation in marriage is
wider that coitus. It involves mutual enjoyment such as kissing and fondling. The marital relation is much wider than a sexual
relation. It involves social and psychological bonding. The husband and wife have to be close physically,psychologically and emotionally. Mutual good treatment and sympathetic consideration sustain love after
the initial period of passionate involvement (). The husband and wife can bathe
together and see each other's nakedness ( MB p 123/p). The husband can not keep away from contact with the wife because of
menstruation. He can sleep with his menstruating wife provided both can control themselves to avoid copulation (MB p. 147).
It is forbidden for a wife to withhold sexual favours from her husband without a valid reason(KS p. 542). The wife can not fast nafilat without the permission of the
husband (MB #1860) because that would deny him his conjugal rights.
PROHIBITION OF TEMPORARY SEXUAL RELATIONS:
There are 4 types of temporary sexual
relations: (a) temporary marriage, mut'at (b) prostitution,bighaa (c) adultery between consenting adults, zina and (d) marriage with the hidden intention to divorce after a time, zawaaj
bi niyyat al talaq. They are forbidden because they reduce the sexual relation to its physical form without regard to
the emotional, psychological, and social dimensions. They undermine and destroy the fabric of society. Temporary marriage,
mut'at, is forbidden by law (MB #1844, KS p. 549).This is a type of marriage contracted by both parties for a fixed period of time. It violates the need for children
to be reared in a permanent family. Humans require at least 15 years to be reared to adulthood. Prostitution is the exchange
of sexual favors for money. It is physical enjoyment without emotional or psychological involvement. The law prohibits forcing
girls into prostitution (24:33) for the sake of money. Adultery, zina, may have
some form of emotional and psychological involvement besides the physical enjoyment but these are temporary. Some scholars
have quoted evidence on the permissibility of marriage with the intention of divorcing. In our view the practice involves
dishonesty on the part of the husband by failing to disclose his full intentions to the partner. Disclosure would of course
turn this type of marriage into a form of mut'at marriage.
PRIVACY OF THE SEXUAL RELATION:
The sexual attributes of a woman
are private between and her husband. It is forbidden for one woman to describe the sexual details of another women to her
husband (MB #1869, KS p. 539). It is forbidden for both spouses to disclose their sexual experiences to any outside parties
(KS p. 540).
SEXUAL ATTRACTIVENESS IN MARRIAGE:
The sexual attractiveness is a continuous
process that is necessary to bind the 2 spouses together. Some people misunderstand this to mean that a woman is attractive
before marriage in order to attract the man and need not maintain her attractiveness after that. A married woman must always
look attractive to her husband (KS 540). This prevents him from being tempted by other women. The prophet forbade the return
of a husband from a trip at night because he may surprise his wife who will not be able to prepare herself and be in the most
attractive form (MB #1871). The wife is entitled to articles of hygiene to maintain her beauty. This however does not include
The word ghiirat has been translated incorrectly into English as jealousy. It is more than simple sexual jealousy. It is a
drive in the spouse and other members of the family to protect the chastity of both males and females. Ghiirat is commendable
(MB p. 904 chapter #30) and is necessary for proper functioning of society. Too much of it could be destructive.
PROHIBITED MARRIAGES, maharim:
For proper functioning of the extended
family, free and easy social intercourse must exist among its members. More intimate contacts will occur among the family
members that are possible with outsiders. Sexual attraction and the sexual desire being human and natural could also exist
within the extended family. The door to this was closed by the law by declaring degrees of relatives who are not marriageable
() and with whom close social intercourse is allowed within the family.
PURPOSES AND BENEFITS OF COITUS:
Coitus serves 2 purposes: reproduction
and sexual enjoyment. It is the most intimate and intense physical expression of human sexuality. All other expressions of
sexuality precede or prepare for it. Sexual enjoyment in marriage, al istimta'ufi al zawaj, is normal and is encouraged ().
Some scholars have argued that this enjoyment is confined to vaginal coitus. The majority argue that the enjoyment covers
all parts of the body unless specifically prohibited by law. Coitus is necessary for child-bearing. Children are a bounty
from Allah, intimate al dhuriyyat (25:27, 42:49). It is difficult to describe the
benefits of health to physical and psychological health. It is however known that its deprivation for prolonged periods of
time leads to psychological and emotional disorders
CONSUMMATION OF MARRIAGE:
Marriage is annulled when coitus
is physically impossible and there is no hope for a medical or surgical solution. This may be due to anatomical or physiological
anomalies in both the male and the female. With recent developments in surgery some of these may be correctable. Psychogenic
factors may cause vaginismus or frigidity in female and impotence in males. Appropriate treatment may be undertaken to prevent
marital annulment. In cases of male impotence a grace period of 1 year is allowed while treatment is being sought. After that
the marriage has to be annulled because it can no longer fulfil the fundamental purpose of protecting chastity of both partners.
The marriage is considered consummated when successful coitus is achieved at least once. Coital failure after that is not
an automatic annulment of marriage. The marriage payment, mahr, is not due in marriages
annulled before sexual consummation.
Both husband and wife have rights
to sexual satisfaction. The conjugal rights are enforceable by law. None of the spouses can refuse under reasonable conditions.
The refusal of a wife is considered rebellion, nushuuz, and the law has prescribed
remedial measures for it.
Like all other human activities there
should be a balance between too little and too much coitus. Too much indulgence could be harmful in both the physical and
psychological dimensions. Too little could be similarly harmful. The law does not stipulate any particular frequency. Each
couple should find out for themselves what frequency is sufficient to satisfy and protect,
ihswaan,, them from sexual corruption. Some jurists have argued that once every 4 days is the ideal based on the reasoning
that a man with 4 wives canrotate among them in 4 days. Omar decreed that no
soldier would be kept away from his wife for longer than 6 months, which perhaps sets the upper limit of sexual deprivation.
CONDITIONS IN WHICH COITUS IS FORBIDDEN:
There are a few conditions in which
coitus is prohibited for health or religious reasons. Coitus with menstruating women is forbidden (2:222). The same applies
to women in the period of post-natal or post-abortion bleeding, nifaas. Coitus
is prohibited during the day for fasting persons but is allowed at night (2:187). It is prohibited at all times during the
period of ihram in pilgrimage, hajj
(2:197).Coitus is forbidden in the mosque (2:187). A divorced woman is required
by law to stay in her former husband's home for 3 months. He is prohibited from having sexual relations with her during this
time and if he does the divorce automatically lapses. There are disputes about the permissibility of coitus with a lactating
woman, ghayla. The best opinion is that it is permissible. It is inconceivable
that sexual relations could be stopped for the period of 2 years that the Qur'an recommends for breast-feeding.
ACTIONS PROHIBITED IN SEXUAL RITUAL
After coitus and before ritual bath,
ghusl, the following acts are forbidden: (a) reciting the Qur'an (KS p. 163),(b) prayer, salat,(c) circumbulating the kaaba, tawaaf.
ADAB OF SEXUAL CONDUCT:
Coitus is an act of love and not
mere physical satisfaction. It should be approached with that end in mind. Foreplay is a sunnat and it allows both parties
to be psychologically and physiologically prepared. It is preferable that there is desire in both parties. Preparation for
coitus includes reciting the ? (KS p. 154) and a supplication, dua, (MB# 1854,
KS p. 155). There is no control of the manner or postures of coitus provided it is vaginal (KS p. 154) and is natural. Coitus
interruptus ('azl) is permitted (KS p. 154). It is considered offensive, makruh (KS p. 155). It can not be done without the permission of the wife (KS p. 155). Coitus with women is vaginal.
Anal intercourse is forbidden with both women () and men (KS p.
155). It is recommended to make wudhu if coitus is repeated ().
Ritual bath, ghusl, is required after coitus. It has to be undertaken by mere contact
of the male and female genitalia even if no fluids were emitted. Wudhu after copulation is recommended (Muslim #597, 598,
600, 601, 602, 603, 605). Wudhu is recommended between 2 copulations (Ibn al Qayim p.259). Bath
(ghusl) after intercourse is obligatory (KS p. 411, Muslim #616, 618, 619, 622,
623). The mere contact of the male and female genitalia makes bathing obligatory (KS p. 411). Orgasm necessitates bathing
(KS 411). Bathing is necessary even if the sexual orgasm is experienced in a dream (ihtilaam,
Muslim #607, 608, 609, 610, 613).