Editing Islamic sexual jurisprudence (section)

===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====
{{main|Marriage in Islam|Islamic marital jurisprudence}}

Marriage (Nikah) is a contract between Muslim men and his wife. Marriage has been described in tradition (hadith) as half of the religion with the regards of preserving chastity.<ref>
{{cite web |title=Marriage half of faith? |url=https://eshaykh.com/hadith/general-2/ |website=eshaykh.com |accessdate=19 June 2018 |archive-url=https://web.archive.org/web/20180619085932/https://eshaykh.com/hadith/general-2/ |archive-date=2018-06-19 |url-status=live }}
</ref><ref>
{{cite web |title=Is marriage half of religion? - islamqa.info |url=https://islamqa.info/en/11586 |website=isamqa.info |access-date=2018-06-19 |archive-url=https://web.archive.org/web/20180619112945/https://islamqa.info/en/11586 |archive-date=2018-06-19 |url-status=live }}
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{{quote|Anas ibn Malik reported: The Messenger of Allah, peace and blessings be upon him, said, “Whoever Allah provides with a righteous wife, then Allah has assisted him in half of his religion. Let him fear Allah regarding the second half.”|al-Mu’jam al-Awsaṭ 992, Saheeh al-Targheeb wa’l-Tarheeb (1916) Al-Bayhaqi narrated in Shu’ab al-Eemaan from al-Raqaashi, Al-Haakim narrated in al-Mustadrak from Anas, in a marfoo’ report<ref>
{{cite web |title=Hadith on Marriage: Marriage is half of the religion |url=https://abuaminaelias.com/dailyhadithonline/2013/04/16/hadith-on-marriage-whoever-gets-married-has-completed-half-of-the-religion/ |website=abuaminaelias.com |accessdate=19 June 2018 |archive-url=https://web.archive.org/web/20180619113051/https://abuaminaelias.com/dailyhadithonline/2013/04/16/hadith-on-marriage-whoever-gets-married-has-completed-half-of-the-religion/ |archive-date=2018-06-19 |url-status=live }}
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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.<ref>{{cite web | url=http://islamqa.info/en/5560 | title=Etiquette of intimate relations | publisher=islamqa.info | work=Sheikh Muhammed Salih Al-Munajjid | accessdate=24 July 2015 | url-status=live | archiveurl=https://web.archive.org/web/20150724204418/http://islamqa.info/en/5560 | archivedate=24 July 2015 }}</ref><ref>{{cite web | url=http://www.zawaj.com/articles/sex_and_marriage_q-and-a.html | title=Sex & Marriage in Islam | publisher=zawaj.com | accessdate=24 July 2015 | url-status=live | archiveurl=https://web.archive.org/web/20150710223229/http://www.zawaj.com/articles/sex_and_marriage_q-and-a.html | archivedate=10 July 2015 }}</ref><ref>{{cite web | url=http://www.al-islam.org/islamic-marriage-syed-athar-husain-sh-rizvi/importance-marriage-islam | title=Importance of Marriage in Islam | publisher=Al-Islam.org | accessdate=24 July 2015 | url-status=live | archiveurl=https://web.archive.org/web/20150724205547/http://www.al-islam.org/islamic-marriage-syed-athar-husain-sh-rizvi/importance-marriage-islam | archivedate=24 July 2015 }}</ref> 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: {{quote|"When they [i.e. wives] have [[Ghusl|cleansed]] themselves [after menstruation], you go into them as Allah has commanded."|(2:222)}}<ref group="Ahlul Bayt Digital Islamic Library Project">{{cite web |title=Importance of Marriage in Islam |url=http://www.al-islam.org/marriage-handbook/3.htm |accessdate=April 28, 2013 |url-status=dead |archiveurl=https://web.archive.org/web/20130504205154/http://www.al-islam.org/marriage-handbook/3.htm |archivedate=May 4, 2013 }}</ref> It has been also said: {{quote|"Those who guard their chastity (ie. private parts, from illegal sexual acts) except from their wives or (the captives and slaves) that their right hands possess, - for them, they are free from blame."|[al-Mu’minoon 23:5-6]}} 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: {{quote|"O, you young men! I recommend marriage to you."|The Wasaelush Shia (vol. 14, p.&nbsp;25)}}<ref group="Ahlul Bayt Digital Islamic Library Project">{{cite web |last=S.H. Rizvi |first=Syed Athar Husain |title=Islamic Marriage |url=http://www.al-islam.org/marriage-handbook/3.htm |publisher=World Islamic Network |accessdate=April 28, 2013 |url-status=dead |archiveurl=https://web.archive.org/web/20130504205154/http://www.al-islam.org/marriage-handbook/3.htm |archivedate=May 4, 2013 }}</ref><ref name="POM">{{cite book |last1=Asar |first1=Adam |title=Peace of Mind and Healing of Broken Lives |publisher= |isbn=9780557334681 |url=https://books.google.com/?id=RTPrAQAAQBAJ&pg=PA33&dq=Dua+of+intercourse#v=onepage&q=Dua%20of%20intercourse&f=false |language=en}}</ref>

Prophet Muhammad also declared marital sex as charity:<ref>
{{cite web |title=''Having intercourse (with one's wife) is a charity. |url=https://salaficentre.com/2014/05/having-intercourse-with-ones-wife-is-a-charity/ |website=The Salafi Centre of Manchester |accessdate=19 June 2018 |date=2014-05-27 |archive-url=https://web.archive.org/web/20170506200916/http://www.salaficentre.com/2014/05/having-intercourse-with-ones-wife-is-a-charity/ |archive-date=2017-05-06 |url-status=live }}
</ref>
{{quote|"When one of you have sex with your wife, it is a rewarded act of charity." The Companions were surprised and said, "But we do it purely out of our desire. How can it be counted as charity?" The Prophet replied, "If you had done it with a forbidden woman, it would have been counted as a sin, but if you do it in legitimacy, it is counted as charity.”|Muslim. Number 1674}}

=====Limitations=====
{{Main|Mahram|Interfaith marriage in Islam}}
{{quote|Do not marry idolateresses until they believe, a believing slave woman is better than idolateress even if she pleases you and let (your women) not be married with idolater, a believing slave man is better than idolater even if he pleases you; they call towards fire and God calls you toward paradise and forgiveness with his will; and he explains his verses so that you may understand. (Al-Qur'an 2:221)}}
Marriage with an [[idolatress]] or [[Idolatry|idolater]] is forbidden (2:221).<ref name="go.galegroup.com">{{cite web |last=Kassam |first=Zayn |title=Encyclopedia of Islam and the Muslim World |url=http://go.galegroup.com/ps/i.do?id=GALE%7CCX3403500164&v=2.1&u=nysl_ce_colgul&it=r&p=GVRL&sw=w |publisher=Macmillan Reference USA |accessdate=3 May 2013}}</ref> 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 (4:22), 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 (unless it was unknown at the time that the two were related) (4:23), as well as all married women except who have become slaves as their previous marriage ends on becoming slave (3:24).<ref name="go.galegroup.com"/>

==== Concubinage ====
{{main|Ma malakat aymanukum}}
{{See also|Islamic views on slavery#Sexual intercourse}}

Islamic law does not require a man to take consent from his slave girl in order to have sexual intercourse with her.<ref>{{Cite journal|last=Ali|first=Kecia|date=February 2017|title=Concubinage and Consent|url=https://www.cambridge.org/core/product/identifier/S0020743816001203/type/journal_article|journal=International Journal of Middle East Studies|language=en|volume=49|issue=1|pages=148–152|doi=10.1017/S0020743816001203|issn=0020-7438|doi-access=free}}</ref> 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]]'' (mother of a child, concubine)."<ref name="ReferenceA">{{cite book |last=Suad |first=Joseph |title=Encyclopedia |year=2007 |publisher=Brill |location=Leiden and Boston |page=531}}</ref> 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.<ref name="Suad 2006"/>

"Concubine" (''surriyya'') refers to the female slave (''jāriya''), 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]]" (that which your right hands own), which occurs fifteen times in the sacred book, refers to slaves and therefore, though not necessarily, to concubines.{{additional citation needed|date=November 2016}} 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.<ref>{{cite web | url=http://quranx.com/Hadith/adab/In-Book/Book-9/Hadith-48/ | title=Al-Adab Al-Mufrad / Book-9 / Hadith-48 | publisher=quranx.com | accessdate=7 June 2015 | url-status=live | archiveurl=https://web.archive.org/web/20170217062833/http://quranx.com/Hadith/adab/In-Book/Book-9/Hadith-48/ | archivedate=17 February 2017 }}</ref>{{additional citation needed|date=November 2016}}

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 (in order to prevent prostitution of slaves). 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'' ("mother of the child"); as such, the concubine could not then be sold. On the (lawful) death of her master, she would automatically acquire free status and her children would be considered free and legitimate.<ref name="Suad 2006"/>

Surah [[Al-Muminun]] (23:6) and Surah [[Al-Maarij]] (70:30) both, in identical wording, draw a distinction between spouses and "those whom one's right hands possess" (female slaves), saying " أَزْوَاجِهِمْ أَوْ مَا مَلَكَتْ أَيْمَانُهُمْ" (literally, "their spouses or what their right hands possess"), 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.<ref name="Brunschvig">Brunschvig. 'Abd; Encyclopedia of Islam, Brill, page 13.</ref>

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 [[Ummah|Muslim community]]."<ref name="Sikainga 1996 p22">{{cite book | author=Sikainga, Ahmad A. | title=Slaves Into Workers: Emancipation and Labor in Colonial Sudan | publisher=University of Texas Press | year=1996 | isbn=978-0-292-77694-4 | url=https://archive.org/details/slavesintoworker0000sika }} p.22</ref> Most schools restrict concubinage to a relationship where the female slave is required to be monogamous to her master<ref>{{cite book |author1=Bloom, Jonathan |author2=Blair, Sheila |title=Islam: A Thousand Years of Faith and Power |publisher=Yale University Press |year=2002 |isbn=978-0-300-09422-0 |url=https://archive.org/details/isbn_9780300094220 }} p.48</ref> (though the master's monogamy to her is not required), but according to Sikainga, "in reality, however, female slaves in many Muslim societies were prey for [male] members of their owners' household, their [owner's male] neighbors, and their [owner's male] guests."<ref name="Sikainga 1996 p22"/> 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.<ref>{{Cite web|title=sex slavery in ISIS - Google Search|url=https://www.google.com/search?q=sex+slavery+in+ISIS&oq=sex+slavery+in+ISIS&aqs=chrome..69i57.7639j0j9&sourceid=chrome&ie=UTF-8|access-date=2020-06-08|website=www.google.com}}</ref>

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,{{who|date=January 2017}} as quoted by Clarence-Smith.<ref name=csp198>{{cite book|last1=Clarence-Smith|first1=William|title=Islam and the Abolition of Slavery|publisher=Oxford University Press|isbn=978-0195221510|pages=198–200|url=https://books.google.com/?id=nQbylEdqJKkC&pg=PR9&dq=slavery+quran#v=onepage&q=translation&f=false|url-status=live|archiveurl=https://web.archive.org/web/20170611073330/https://books.google.com/books?hl=en&lr=&id=nQbylEdqJKkC&oi=fnd&pg=PR9&dq=slavery+quran&ots=CmLKAHzroo&sig=qkVj_OulU-TNieKvSJk6ybw8NUc#v=onepage&q=translation&f=false|archivedate=2017-06-11|year=2006}}</ref> 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".<ref>{{cite book|last1=Clarence-Smith|first1=William|title=Islam and the Abolition of Slavery|publisher=Oxford University Press|isbn=978-0195221510|pages=199–201|url=https://books.google.com/?id=nQbylEdqJKkC|url-status=live|archiveurl=https://web.archive.org/web/20160429200313/https://books.google.com/books?hl=en&lr=&id=nQbylEdqJKkC&f=false|archivedate=2016-04-29|year=2006}}</ref>