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By Austin Cline, About.com Guide to Atheism since 1998

Islam, Legalism, and Sex

Tuesday February 7, 2006
Traditionally, Islam has generally been pretty open and frank when it comes to sexuality. Islam lacks the doctrine of original sin which has made sexual activity so sinful in Christianity. To a certain extent, this has meant that sex has always been more healthy in Muslim societies; since not every sexual behavior is licit, however, it has also led to extensive legalism with regards to sex.

In the Guardian, Brian Whitaker writes about some of the legalistic debates ranging over sexual issues — like whether people should wear clothing during sex:

Dr Rashad Khalil, an expert on Islamic law from al-Azhar university in Cairo warned that being completely naked during intercourse invalidates a marriage. His ruling was promptly dismissed by other scholars, including one who argued that “anything that can bring spouses closer to each other” should be permitted.

Another religious scholar suggested it was OK for married couples to see each other naked as long as they don’t look at the genitals. To avoid problems in that area, he recommended having sex under a blanket.

There are similar debates over oral sex:

Delivering a fatwa on oral sex, 79-year-old Dr Qaradawi describes it as a disgusting western practice, resulting from westerners’ habit of “stripping naked during sexual intercourse”. But he continues: “Muslim jurists are of the opinion that it is lawful for the husband to perform cunnilingus on his wife, or a wife to perform the similar act for her husband (fellatio) and there is no wrong in doing so. But if sucking leads to releasing semen, then it is makruh (blameworthy), but there is no decisive evidence (to forbid it) ... especially if the wife agrees with it or achieves orgasm by practising it.”

Whitaker also quotes debates over masturbation and anal sex. Part of the problem is that just about anyone can become an imam in Islam and, therefore, issue a fatwa on just about any subject. People can shop around for legal opinions that suit them.

If the husband wants more oral sex, he can find a cleric authorizing it. If the wife doesn’t want to engage in oral sex, she can find a cleric forbidding it. They might try to resolve the dispute based upon the credentials of the dueling clerics, but even this might not help much. What are people to do? Which fatwa has more authority than the other?

Now, consider the fact that the exact same situation exists when it comes to violence: you can find clerics that will authorize violent actions and clerics who will forbid it. Which cleric has more authority? Which fatwa should be accepted? Sometimes, there’s something to be said in favor of the tight control which religious organizations like the Vatican exercise over theologians and clerics.

 

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Comments

November 29, 2006 at 12:19 am
(1) Ali of Southern Philippines says:

“…..Part of the problem is that just about anyone can become an imam in Islam and, therefore, issue a fatwa on just about any subject. People can shop around for legal opinions that suit them.”

Please be responsible writer, it is true that any Muslim can be an Imaam of leader but issuing a Fatwa-(which is religious opinion)can never be issued by a ordinary Imaam.

Please read and understand the teaching of Islam, I am a New Muslim but before I embrace Islam, I study and believe what I learn,

Brother in humanity, please do not attribute anything to Islam which not in it Teaching.

May the Creator Pardon Us.

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