Editing Islamic sexual jurisprudence (section)

== Illegal sexualities ==
Islamic law establishes two categories of legal, sexual relationships: between husband and wife and between a man and his [[concubine]].<ref name="Suad 2006">{{cite book |last=Suad |first=Joseph |title=Encyclopedia of Women and Islamic Cultures |year=2006 |publisher=Brill |location=Leiden, Boston}}</ref> All other sexual relationships, according to Islamic laws made by [[exegesis]] of the [[Qur'an]] and the [[hadith]]s, are considered [[zina|zinā]] (fornication).<ref name="Suad 2006"/>

===Pornography===
Pornography is considered haram and a clear sin.<ref>{{cite book |last1=Sardar |first1=Ziauddin |title=Reading the Qur'an: The Contemporary Relevance of the Sacred Text of Islam |date=2011 |publisher=Oxford University Press |isbn=978-0-19-991149-3 |url=https://books.google.com.bd/books?id=YqAYCn1O5WwC&pg=PT298&dq=pornography+islam&hl=en&sa=X&ved=2ahUKEwiK6aaEoNLpAhX94jgGHYCHAHo4ChDoATAJegQIARBG#v=onepage&q=pornography%20islam&f=false |accessdate=26 May 2020 |language=en}}</ref><ref>{{cite web|url=http://www.gsalam.net/10-reasons-muslim-quit-watching-pornography/|title=10 Reasons The Muslim Should Quit Watching Pornography|date=28 August 2015|accessdate=11 December 2016|url-status=live|archiveurl=https://web.archive.org/web/20170102104315/http://www.gsalam.net/10-reasons-muslim-quit-watching-pornography/|archivedate=2 January 2017}}</ref><ref>{{cite web|url=https://islamqa.info/en/166123|title=Her husband watches porn with the excuse of stress at work|website=www.islamqa.info|url-status=live|archiveurl=https://web.archive.org/web/20170830004408/https://islamqa.info/en/166123|archivedate=2017-08-30}}</ref>

The Quran states: 
{{quote|“Tell the faithful men to cast down their looks and to guard their private parts ...Tell the faithful women to cast down their looks and to guard their private parts, and not to display their charms except what is apparent thereof and put their scarves over their bosoms...|(Quran, 24:30-31)}}

=== Masturbation ===
{{main|Islam and masturbation}}
According to majority jurists, masturbation is generally considered Haram or prohibited in Islam.<ref name="Shia">{{cite book |chapter-url=http://www.al-islam.org/marriage-and-morals-islam-sayyid-muhammad-rizvi/chapter-three-islamic-sexual-morality-2-its#b-masturbation |chapter=3. The Islamic Sexual Morality (2) Its Structure |title=Marriage and Morals in Islam |first=Muhammad |last=Rizvi |date=1994 |place=Scarborough, ON, Canada |publisher=Islamic Education and Information Center |url-status=live |archiveurl=https://web.archive.org/web/20160104184611/http://www.al-islam.org/marriage-and-morals-islam-sayyid-muhammad-rizvi/chapter-three-islamic-sexual-morality-2-its#b-masturbation |archivedate=2016-01-04 }}</ref><ref>The Lawful And The Prohibited In Islam, Yusuf Al-Qardawi - 1997</ref><ref name="auto">The New Arab Man: Emergent Masculinities, Technologies, and Islam in the Middle East, p 168, Marcia C. Inhorn - 2012</ref><ref>{{cite web|url=https://islamqa.info/en/329|title=Ruling on masturbation and how to cure the problem|website=www.islamqa.info|url-status=live|archiveurl=https://web.archive.org/web/20170617182732/https://islamqa.info/en/329|archivedate=2017-06-17}}</ref> 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.<ref name="oxfordislamicstudies.com">{{cite web |last=Omar |first=Sara |title=Oxford Islamic Studies Online |url=http://www.oxfordislamicstudies.com/article/opr/t349/e0011 |publisher=Oxford University Press |url-status=live |archiveurl=https://web.archive.org/web/20161114153420/http://www.oxfordislamicstudies.com/article/opr/t349/e0011 |archivedate=2016-11-14 }}</ref> According to alDin Tarbiyyah, it is permissible if done out of necessity.<ref>Islam, Gender, and Social Change - Page 28, Yvonne Yazbeck Haddad, John L. Esposito - 1998</ref> 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]] (known as Madhaahib - the ''Hanafi'', ''Shafi'i'', ''Maliki'' and ''Hanbali'' schools of ''Fiqh'') have differing stances on the issue. Some see it forbidden in certain cases (i.e. if it leads a man/woman to ignore their spouse sexually) 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.<ref name="auto"/> It is prohibited all the time according to the [[Maliki]] and [[Shafi`i]] Mazhabs.<ref>[http://nikah.com/marriage/islam_part1.asp Marriage in Islam - Part 1] {{Webarchive|url=https://web.archive.org/web/20101127060711/http://nikah.com/marriage/islam_part1.asp |date=2010-11-27 }} by Hussein Khalid Al-Hussein, Ph.D. Refer to: Section Al-`Alaqat Al-Mubahah (Allowed Relationships)</ref> It is [[haram]] in [[Shia Islam|Shi'ite]] jurisprudence.<ref name= "Shia"/> There has always been a view to permit masturbation as the lesser of two evils (so as to ward of falling into fornication).<ref>{{cite journal |last=Inhorn |first=Marcia |title=Masturbation, Semen Collection and Men's IVF Experiences: Anxieties in |journal=Body & Society |year=2007 |volume=13 |issue=37|pages=37–53 |doi=10.1177/1357034X07082251 }}</ref> 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.<ref name="oxfordislamicstudies.com"/>

===Oral sex===
{{main|Islamic views on oral sex}}
In Islam, [[oral sex]] between a husband and wife is considered "Makruh Tahrimi"<ref>{{cite web|title=Ask The Scholar: What is meant by makruh?|url=http://askthescholar.com/question-details.aspx?qstID=1750|work=Shaik Ahmad Kutty|publisher=Ahmad Kutty|accessdate=7 July 2012|url-status=live|archiveurl=http://archive.wikiwix.com/cache/20120709204156/http://askthescholar.com/question-details.aspx?qstID=1750|archivedate=9 July 2012}}</ref> or highly undesirable by some Islamic jurists when the act is defined as mouth and tongue coming in contact with the genitals.<ref>{{cite web|title=Oral Sex in Islam|url=http://www.central-mosque.com/fiqh/OralSexInIslam.htm|work=The Majlis|publisher=JamiatKZN, Central-Mosque.com|accessdate=7 July 2012|location=Vol. 6 No. 8|date=14 June 2003|url-status=live|archiveurl=https://web.archive.org/web/20120614230937/http://www.central-mosque.com/fiqh/OralSexInIslam.htm|archivedate=14 June 2012}}</ref><ref name="Moulana Ismail Desai">{{cite web|title=Are partners allowed to lick each other's private parts?|url=http://www.askimam.org/public/question_detail/21483#_ftnref1|work=Mawlana Saeed Ahmed Golaub|publisher=Moulana Ismail Desai|accessdate=9 October 2012|url-status=live|archiveurl=https://web.archive.org/web/20121004191016/http://askimam.org/public/question_detail/21483#_ftnref1|archivedate=4 October 2012}}</ref> The reason behind considering this act as not recommended is manifold, the foremost being the issue of modesty, purification ([[Ritual purity in Islam|Taharat]]) and cleanliness.<ref>{{cite web|title=Questions On Sexuality, Oral sex|url=http://www.livingislam.org/fiqhi/fiqha_e92.html#2|work=Living Islam|publisher=GF Haddad|accessdate=7 July 2012|author=Hajj Gibril|url-status=live|archiveurl=https://web.archive.org/web/20120620140054/http://www.livingislam.org/fiqhi/fiqha_e92.html#2|archivedate=20 June 2012}}</ref>

The most common argument states<ref name="Moulana Ismail Desai"/> that the mouth and tongue are used for recitation of the Qur'an and for the remembrance of Allah ([[Dhikr]]).<ref name="rem allah 1">{{cite web|title=Remembrance of Allaah|url=http://www.islaam.net/main/display.php?id=391&category=134|work=Islamic Network.|publisher=Islamic Network.|accessdate=7 July 2012|author='Alî Abd-ur-Rahmân al-Hudhaifî|date=4 May 2001|url-status=dead|archiveurl=https://web.archive.org/web/20120415032643/http://www.islaam.net/main/display.php?id=391&category=134|archivedate=15 April 2012}}</ref> 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 ===
{{main|Zina}}
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.
{{quote|Fornicatoress and fornicator flog each one of them one hundred lashes; and do not take pity on them in the application of God's law if you believe in God and last day; and their punishment should be witnesses by a party of believers. Fornicator does not marry except a fornicatoress or polytheist women; and fornicatoress no one marry her except fornicator or polytheist man;and it is prohibited to believers. And those who accuse chaste women and then never bring four witness flog them eighty lashes; and do not accept their testimony for ever; they themselves are disobedient. Except those who repent after this and become good then God is forgiving and merciful. And those who accuse their wives and do not have witness except themselves then witness of each of them are four witnesses by God that he is of truthfuls. And fifth that curse of God be on him if he is of lier. And it can save her from punishment that she witnesses by God four times that he is of liers. And fifth time that wrath of God be on her if he is of truthfuls. (al-Qur'an 24:2-9)}}

Verse 24:2-3 states that outside marriage and [[concubinage]], Islamic law prohibits sexual relations as ''zina'' [fornication]. 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.<ref name="Suad 2007 531">{{cite book |last=Suad |first=Joseph |title=Encyclopedia of Women and Islamic Cultures |year=2007 |publisher=Brill, Leiden |location=Boston |page=531}}</ref>

===Prostitution===
[[Prostitution]] is banned in Islam.<ref>{{cite book |last1=Eris |first1=Suleyman |title=Islam: Belief and Practice : a Brief Guide |date=2006 |publisher=Tughra Books |isbn=978-1-59784-051-4 |page=42 |url=https://books.google.com.bd/books?id=jWnbDMBYrJ8C&pg=PA42&dq=prostitution+islam&hl=en&sa=X&ved=2ahUKEwjz8LisotLpAhWIyDgGHXWPD004ChDoATAEegQIARAg#v=onepage&q=prostitution%20islam&f=false |accessdate=26 May 2020 |language=en}}</ref><ref name=pro>{{cite web|url=https://islamqa.info/en/5707|title=The difference between slaves and prostitutes|website=www.islamqa.info|url-status=live|archiveurl=https://web.archive.org/web/20170510161236/https://islamqa.info/en/5707|archivedate=2017-05-10}}</ref> Quran states,

{{quote|And compel not your slave-girls to prostitution when they desire to keep chaste, in order to seek the frail goods of this world's life. And whoever compels them, then surely after their compulsion Allah is Forgiving, Merciful..|{{cite quran|24|33|s=ns}}}}

Prostitution (trading sex for money) 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.<ref>{{cite book |last1=Ditmore |first1=Melissa Hope |title=Encyclopedia of Prostitution and Sex Work |date=2006 |publisher=Greenwood Publishing Group |isbn=978-0-313-32968-5 |page=392 |url=https://books.google.com.bd/books?id=fcYq72qYRTcC&pg=PA392&dq=prostitution+islam&hl=en&sa=X&ved=0ahUKEwjT0qaQotLpAhXHzTgGHegYDhMQ6AEIJDAA#v=onepage&q=prostitution%20islam&f=false |accessdate=26 May 2020 |language=en}}</ref>

{{quote|Jabir reported that 'Abdullah b. Ubayy b. Salul used to say to his slave-girl:
Go and fetch something for us by committing prostitution . It was in this connection that Allah, the Exalted and Glorious, revealed this verse:" And compel not your slave-girls to prostitution when they desire to keep chaste in order to seek the frail goods of this world's life, and whoever compels them, then surely after their compulsion Allah is Forgiving, Merciful" (xxiv. 33).|{{Hadith-usc|Muslim|usc=yes|43|7180}},{{Hadith-usc|Muslim|usc=yes|43|7181}},{{Hadith-usc|abudawud|usc=yes|12|2304}}}}

Narrated Abdullah ibn Abbas:
{{quote|The Prophet said: There is no prostitution in Islam. If anyone practised prostitution in pre-Islamic times, the child will be attributed to the master (of the slave-woman). He who claims his child without a valid marriage or ownership will neither inherit nor be inherited.|{{Hadith-usc|abudawud|usc=yes|12|2257}}}}

In [[Islam]], prostitution is considered a sin, and Abu Mas'ud Al-Ansari is attributed with the saying: {{quote|"Allah's Apostle forbade taking the price of a dog, money earned by prostitution and the earnings of a soothsayer".|{{Hadith-usc|Bukhari|usc=yes|3|34|439}}}}

Narrated 'Urwa bin Az-Zubair:
{{quote|'Aishah, the wife of the Prophet told him that there were four types of marriage during Pre-Islamic period of Ignorance. One type was similar to that of the present day i.e. a man used to ask somebody else for the hand of a girl under his guardianship or for his daughter's hand, and give her Mahr and then marry her. The second type was that a man would say to his wife after she had become clean from her period. "Send for so-and-so and have sexual intercourse with him." Her husband would then keep awy from her and would never sleep with her till she got pregnant from the other man with whom she was sleeping. When her pregnancy became evident, he husband would sleep with her if he wished. Her husband did so (i.e. let his wife sleep with some other man) so that he might have a child of noble breed. Such marriage was called as Al-Istibda'. Another type of marriage was that a group of less than ten men would assemble and enter upon a woman, and all of them would have sexual relation with her. If she became pregnant and delivered a child and some days had passed after delivery, she would send for all of them and none of them would refuse to come, and when they all gathered before her, she would say to them, "You (all) know what you have done, and now I have given birth to a child. So, it is your child so-and-so!" naming whoever she liked, and her child would follow him and he could not refuse to take him. The fourth type of marriage was that many people would enter upon a lady and she would never refuse anyone who came to her. Those were the prostitutes who used to fix flags at their doors as sign, and he who would wished, could have sexual intercourse with them. If anyone of them got pregnant and delivered a child, then all those men would be gathered for her and they would call the Qa'if (persons skilled in recognizing the likeness of a child to his father) to them and would let the child follow the man (whom they recognized as his father) and she would let him adhere to him and be called his son. The man would not refuse all that. But when Muhammad was sent with the Truth, he abolished all the types of marriages observed in pre-Islamic period of Ignorance except the type of marriage the people recognize today.|{{Hadith-usc|Bukhari|usc=yes|1|62|58}}}}

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.<ref>{{Cite book
 |last        = İlkkaracan
 |first       = Pınar
 |title       = Deconstructing sexuality in the Middle East: challenges and discourses
 |url         = https://books.google.com/books?id=pnGwP9-FhxYC&pg=PA36&dq#v=onepage&q=&f=false
 |publisher   = Ashgate Publishing, Ltd.
 |year        = 2008
 |page        = 36
 |isbn        = 978-0-7546-7235-7
 |url-status     = live
 |archiveurl  = https://web.archive.org/web/20151030194344/https://books.google.com/books?id=pnGwP9-FhxYC&pg=PA36&dq#v=onepage&q=&f=false
 |archivedate = 2015-10-30
}}
</ref>

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: 
{{quote|"On the day of khaibar, Allah's Apostle forbade the Mut'a (i.e. temporary marriage) and the eating of donkey-meat."|{{Hadith-usc|Bukhari|usc=yes|5|59|527}}, {{Hadith-usc|Bukhari|usc=yes|9|86|91}}}}

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 ===
{{main|Zina#Rape and zina|Rape in Islamic law}}
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".<ref name="Noor">{{cite journal|last1=Noor|first1=Azman Mohd|title=Rape: A Problem of Crime Classification in Islamic Law|journal=Arab Law Quarterly|date=1 January 2010|volume=24|issue=4|pages=417–438|doi=10.1163/157302510X526724}}</ref>

Rape is forbidden under Islamic law.<ref>{{Cite web|url=http://sunnahfollowers.net/Maliks-Muwatta/www.adly.net/deed/hadith/malik/036_mmt.html |title=MALIK'S MUWATTA, BOOK 36: Judgements|website=sunnahfollowers.net|archive-url=https://web.archive.org/web/20160529005343/http://sunnahfollowers.net/Maliks-Muwatta/www.adly.net/deed/hadith/malik/036_mmt.html|archive-date=2016-05-29|url-status=live|accessdate=2017-01-28}}</ref> 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]]'' (destructive mischief). 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" (''zina-bil-jabr''). In Sharia, rape is punishable by [[stoning]] to death.<ref>
[[Jami` at-Tirmidhi]], [http://sunnah.com/ tirmidhi/17 17:37] {{Webarchive|url=https://web.archive.org/web/20151020025409/http://www.sunnah.com/ |date=2015-10-20 }} , {{Hadith-usc|abudawud|
usc=yes|38|4366}}
</ref>

{{quotation|When a woman went out in the time of the Prophet for prayer, a man attacked her and overpowered (raped) her. She shouted and he went off, and when a man came by, she said: That (man) did such and such to me. And when a company of the emigrants came by, she said: That man did such and such to me. They went and seized the man whom they thought had had intercourse with her and brought him to her. She said: Yes, this is he. Then they brought him to the Messenger of Allah. When he (the Prophet) was about to pass sentence, the man who (actually) had assaulted her stood up and said: Messenger of Allah, I am the man who did it to her. He (the Prophet) said to her: Go away, for Allah has forgiven you. But he told the man some good words (AbuDawud said: meaning the man who was seized), and of the man who had had intercourse with her, he said: Stone him to death. He also said: He has repented to such an extent that if the people of Medina had repented similarly, it would have been accepted from them.|[[Jami` at- Tirmidhi]], [http://sunnah.com/tirmidhi/17 17:37], {{Hadith-usc|abudawud|usc=yes|38|4366}}}}

Under Islam, sexual intercourse is regarded as a loving act within marriage and should only be by mutual consent.{{additional citation| date=January 2017}} 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 [[Postpartum period|post-natal puerperal discharge]], or whilst on [[Hajj]] or [[Umrah]].<ref>{{cite web
 |url         = http://www.muslimaccess.com/articles/Women/rape_in_islam.asp
 |title       = Archived copy - rape in Islam
 |accessdate  = 2011-06-07
 |url-status     = dead
 |archiveurl  = https://web.archive.org/web/20110603085041/http://muslimaccess.com/
 |archivedate = 2011-06-03
}}</ref>

Classical Islamic law defined what today is commonly called "rape" as a coercive form of fornication or adultery (''zināʾ'').<ref name="Kassam">{{cite web |url= http://www.oxfordislamicstudies.com/article/opr/t349/e0075 |title= The Oxford Encyclopedia of Islam and Law |last=Kassam |first=Zayn |publisher= Oxford Islamic Studies Online |archiveurl= https://web.archive.org/web/20160304113724/http://www.oxfordislamicstudies.com/article/opr/t349/e0075 |archive-date= 2016-03-04 |url-status=live |accessdate= 3 May 2013}}</ref> This basic definition of rape as "coercive ''zināʾ''" meant that all the normal legal principles that pertained to ''zināʾ''{{spaced ndash}}its definition, punishment and establishment through evidence{{spaced ndash}}were 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.<ref name="Kassam"/> Sane adult male and female convicted of ''zināʾ'' were to receive a fixed corporal punishment (''ḥadd''):

* One hundred lashes and exile for one year for unmarried free persons;
* Stoning to death for married or previously married free persons;

''Zināʾ'' was established, according to classical law, through confession by one or both parties as well as proof. A second type of evidence{{spaced ndash}}pregnancy in an unmarried/unowned woman{{spaced ndash}} 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 (shubhah) or a lack of legal capacity (ahliyya).<ref name="Kassam"/>

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.<ref name="Kassam"/>

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" (''ḥaqq Allāh''), provoking the ''ḥadd'' punishment; and a violation against a "human" (interpersonal) right (''ḥaqq ādamī''), requiring a monetary compensation. {{additional citation|date=January 2017}} These jurists saw the free woman, in her proprietorship over her own sexuality (''buḍʾ''), 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 {{spaced ndash}}that is, the amount of her dower (''ṣadāq'' or ''mahr''){{additional citation needed|date=January 2018}}.<ref name="Kassam"/> 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.<ref name="Moosa"/>

However, some women{{which|date=February 2018}}in the middle east were arrested after they went to the police to report rapes.<ref>{{cite web |url=https://www.bbc.com/news/uk-38013351 |title=Archived copy |accessdate=2017-09-21 |url-status=live |archiveurl=https://web.archive.org/web/20170921194207/http://www.bbc.com/news/uk-38013351 |archivedate=2017-09-21 }}</ref>

=== Sodomy ===
{{main|Islamic view of anal sex}}

[[Yusuf al-Qaradawi]], a contemporary [[Sunni]] [[List of modern-day Muslim scholars|Muslim scholar]], states that [[sodomy]] is [[Haraam|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.<ref>{{cite web|url=http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503543866 |title=When Husband Insists on Anal Sex with His Wife - ارشيف اسلام اونلاين |accessdate=11 December 2016 |url-status=dead |archiveurl=https://web.archive.org/web/20090215054059/http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar%2FFatwaE%2FFatwaE&cid=1119503543866 |archivedate=15 February 2009 }}</ref> 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.<ref>{{cite web|url=http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar/FatwaE/FatwaE&cid=1119503547172 |title=Anal Sex with the Wife: Does It Nullify Marriage? - ارشيف اسلام اونلاين |accessdate=11 December 2016 |url-status=dead |archiveurl=https://web.archive.org/web/20090215054251/http://www.islamonline.net/servlet/Satellite?pagename=IslamOnline-English-Ask_Scholar%2FFatwaE%2FFatwaE&cid=1119503547172 |archivedate=15 February 2009 }}</ref>

Muslim scholars justify the prohibition on the basis of the Qur'anic verse 2:223, saying that it commands intercourse only in the vagina (i.e. potentially procreational intercourse). 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 in Islam|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.<ref name="Suad 2006"/>

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'' (literally, "joining") while female-female intercourse is referred to as ''sihaq'' (literally, "rubbing"). 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.<ref name="Omar"/>
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 (universally understood in the later tradition as anal intercourse) an "abomination" (female-female relations are not addressed). Reported pronouncements by Muhammad (''hadith'') 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 (including any between females) were lesser offenses, subject only to discretionary punishment.<ref name="Rowson"/>

=== Homosexuality ===
{{main|Zina|Homosexuality and Islam}}
The Qur'an strictly prohibits [[homosexuality]]<ref name=IslamQA>{{cite web | url=http://islamqa.info/en/10050 | title=Why does Islam forbid lesbianism and homosexuality? | publisher=[[Islamqa.info]] | accessdate=9 May 2015 | author=[[Muhammed Salih Al-Munajjid]] | url-status=live | archiveurl=https://web.archive.org/web/20150503131158/http://islamqa.info/en/10050 | archivedate=3 May 2015 }}</ref> through the story of [[Lot (Biblical)|Lot]] (see verses 7:80-84, 26:165-166, 11:69-83, 29:28-35 of the Qur'an; which is also rendered in the Biblical [[Book of Genesis]]), in Al-Nisa, Al-Araf and possibly verses in other surahs.<ref name=adang>Camilla Adang (2003), Ibn Hazam on Homosexuality, [[:fr:Qantara|Al Qantara]], Vol. 25, No. 1, pp. 5-31</ref><ref name=somwr>Stephen O. Murray and Will Roscoe (1997), Islamic Homosexualities: Culture, History, and Literature, {{ISBN|978-0814774687}}, New York University Press, pp. 88-94</ref><ref>{{cite book|last=Michaelson|first=Jay|title=God Vs. Gay? The Religious Case for Equality|year=2011|publisher=Beacon Press|location=Boston|isbn=9780807001592|pages=[https://archive.org/details/godvsgayreligiou00mich/page/68 68–69]|url=https://archive.org/details/godvsgayreligiou00mich/page/68}}</ref> For example, this was the verse addressed directly to Muhammad and his followers:

{{quote|We also sent Lot: He said to his people: "Do ye commit lewdness such as no people in creation (ever) committed before you? For ye practice your lusts on men in preference to women: ye are indeed a people transgressing beyond bounds."|{{cite quran|7|80|end=81|s=ns}}}}
 
In another verse, it has been also pointed out,

{{quote|Do you approach males among the worlds And leave what your Lord has created for you as mates? But you are a people transgressing.|{{cite quran|26|165|end=166|s=ns}}, trans. Sahih International}}

{{quote|If two (men) among you are guilty of lewdness, punish them both. If they repent and amend, Leave them alone; for Allah is Oft-returning, Most Merciful.|{{cite quran|4|16|s=ns|t=y}}}}

The Hadiths consider homosexuality as zina, and male homosexuals to be punished with death.<ref>{{cite web|url=https://islamqa.info/en/38622|title=The punishment for homosexuality|website=www.islamqa.info|url-status=live|archiveurl=https://web.archive.org/web/20170402014822/https://islamqa.info/en/38622|archivedate=2017-04-02}}</ref> For example, Abu Dawud states,<ref name=somwr/><ref name=mohelawa>Mohamed S. El-Awa (1993), Punishment In Islamic Law, American Trust Publications, {{ISBN|978-0892591428}}</ref>

{{quote|Narrated Abdullah ibn Abbas: The Prophet said: If you find anyone doing as Lot's people did,<ref>The [[sunnah]] and [[sura]]h describe the Lot's people in context of homosexuality and sodomy such as any form of sex between a man and woman that does not involve penetration of man's penis in woman's vagina.</ref> kill the one who does it, and the one to whom it is done.|{{Hadith-usc|usc=yes|abudawud|38|4447}}, [https://muflihun.com/tirmidhi/15/1456 Al-Tirmidhi, 15:1456], [https://muflihun.com/ibnmajah/20/2561 Ibn Maajah, 20:2561]}}

{{quote|Narrated Abdullah ibn Abbas: If a man who is not married is seized committing [[sodomy]], he will be stoned to death.|{{Hadith-usc|usc=yes|abudawud|38|4448}}}}

[[Al-Nuwayri]] (1272–1332) 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 (he seems to have expressed the same idea in regard to wine and female seduction)."<ref name="autogenerated1983">{{Cite encyclopedia|year= 1983 | title=Liwāṭ |encyclopedia=Encyclopaedia of Islam| edition=2nd|publisher=Brill | editor-last = Bearman | editor-first = P.  | editor-last2 = Bianquis | editor-first2 = Th.  | editor-last3 = Bosworth | editor-first3 = C.E.  | editor-last4 = van Donzel  | editor-first4 = E.  | editor-last5 = Heinrichs | editor-first5 = W.P.| doi=10.1163/1573-3912_islam_SIM_4677 }}</ref>

{{quote|It was narrated that Jaabir: “The Prophet said: ‘There is nothing I fear for my followers more than the deed of the people of Lot.’”|[https://muflihun.com/tirmidhi/15/1457 Al-Tirmidhi: 1457], [https://muflihun.com/ibnmajah/20/2563 Ibn Maajah: 2563]}}

All major [[Islam]]ic schools disapprove of homosexuality,<ref name= "IslamQA"/><ref>
See, for example, [http://thetruereligion.org/modules/wfsection/article.php?articleid=45 this website] {{Webarchive|url=https://web.archive.org/web/20070928015417/http://thetruereligion.org/modules/wfsection/article.php?articleid=45 |date=2007-09-28 }}</ref> 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.<ref>[http://www.alinaam.org.za/library/homos.htm "Homosexuality in the Light of Islam"] {{Webarchive|url=https://web.archive.org/web/20080317063348/http://www.alinaam.org.za/library/homos.htm |date=2008-03-17 }} , 20 September 2003</ref> Islamic teachings (in the ''[[hadith]]'' tradition) presume same-sex attraction, extol abstention and (in the [[Qur'an]]) 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,<ref>{{cite web | url=http://islamqa.info/en/38622 | title=The punishment for homosexuality | publisher=[[Islamqa.info]] | accessdate=9 May 2015 | author=[[Muhammed Salih Al-Munajjid]] | url-status=live | archiveurl=https://web.archive.org/web/20150502224203/http://islamqa.info/en/38622 | archivedate=2 May 2015 }}</ref> while some others disagree.<ref name="Moosa">{{cite web |last=Moosa |first=Ebrahim |title=Encyclopedia of Islam and the Muslim World |url=http://go.galegroup.com/ps/i.do?id=GALE%7CCX3403500144&v=2.1&u=nysl_ce_colgul&it=r&p=GVRL&sw=w |publisher=Macmillan Reference USA}}</ref> Early [[caliph]]s were known to have had both of the male partners executed in various ways.<ref name="Rowson">{{cite web |last=Rowson |first=Everett |title=Encyclopedia of Islam and the Muslim World |url=http://go.galegroup.com/ps/i.do?id=GALE%7CCX3403500196&v=2.1&u=nysl_ce_colgul&it=r&p=GVRL&sw=w |publisher=Macmillan Reference USA |accessdate=1 May 2013}}</ref> 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.<ref name="Moosa"/> Some jurists are so morally offended by homosexuality that just the discussion around it is cause for excommunication and anathematizing.<ref name="Moosa"/>

The discourse on homosexuality in Islam is primarily concerned with activities between men. There are, however, a few hadith mentioning homosexual behavior in women;<ref>{{cite encyclopedia|author1=Al-Hurr al-Aamili|authorlink1=Al-Hurr al-Aamili|title=Wasā'il al-Shīʿa|title-link=Wasā'il al-Shīʿa|script-title=ar: وسائل الشيعة|trans-title=Things of the followers|language=Arabic|at=Hadith number 34467-34481}}</ref><ref>{{cite book|last1=Atighetchi|first1=Dariusch|title=Islamic bioethics problems and perspectives|date=2007|publisher=Springer Science & Business Media|location=New York|isbn=9781402049620|page=149|url=https://books.google.com/books?id=Tdm9V89lW3IC&pg=PA149|accessdate=13 July 2017|url-status=live|archiveurl=https://web.archive.org/web/20180331225354/https://books.google.com/books?id=Tdm9V89lW3IC&pg=PA149|archivedate=31 March 2018}}</ref> 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..'".<ref>{{cite web|url=http://www.islamqa.com/en/ref/21058|title=The punishment for lesbianism|publisher=www.islamqa.com|accessdate=11 December 2016|url-status=dead|archiveurl=https://web.archive.org/web/20130514054145/http://www.islamqa.com/en/ref/21058|archivedate=14 May 2013}}</ref> 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 (household)|harem]] of [[al-Hadi]], in a collection of highly critical anecdotes pertaining to that [[Caliph|Caliph's]] actions as ruler.<ref>{{cite book|last=Bosworth|first=C.E.|title=The History of al-Tabari Vol. 30: The 'Abbasid Caliphate in Equilibrium: The Caliphates of Musa al-Hadi and Harun al-Rashid A.D. 785-809/A.H. 169-193|year=1989|publisher=SUNY Press|url=https://books.google.com/?id=wqf1gwM9O58C&pg=PA73&lpg=PA73&dq=Tabari+lesbian+Caliph+al-Hadi#v=onepage&q=Tabari%20lesbian%20Caliph%20al-Hadi&f=false|url-status=live|archiveurl=https://web.archive.org/web/20150924163939/https://books.google.com/books?id=wqf1gwM9O58C&pg=PA73&lpg=PA73&dq=Tabari+lesbian+Caliph+al-Hadi&source=bl&ots=BEsfAzmpXj&sig=euUAWk4eDKk4Q0pxtRgx5Uo-ZMo&hl=en&sa=X&ei=nooiUr7BGcTxhQff9oGQBQ&ved=0CC8Q6AEwAA#v=onepage&q=Tabari%20lesbian%20Caliph%20al-Hadi&f=false|archivedate=2015-09-24|isbn=9780887065644}}</ref> Some jurists viewed sexual intercourse as possible only for an individual who possesses a [[phallus]];<ref name="Omar">{{cite web |last=Omar |first=Sara |title=The Oxford Encyclopedia of Islam and Law |url=http://www.oxfordislamicstudies.com/article/opr/t349/e0010 |publisher=Oxford Islamic Studies Online |accessdate=3 May 2013 |url-status=live |archiveurl=https://web.archive.org/web/20150908183225/http://www.oxfordislamicstudies.com/article/opr/t349/e0010 |archivedate=8 September 2015 }}</ref> hence those definitions of sexual intercourse that rely on the entry of as little of the [[Corona of glans penis|corona of the phallus]] into a partner's orifice.<ref name="Omar"/> Since women do not possess a phallus and cannot have intercourse with one another, they are, in this interpretation, physically incapable of committing [[zina|zinā]].<ref name="Omar"/>

===Incest===

Hadith forbids incestous relationship (zinā bi'l-mahārim), marriage and therefore sexual intercourse between someone who is [[mahram]] (with whom marriage is forbidden), 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 nurse]]s, 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.<ref name="clarke">{{cite book |last1=Clarke |first1=Morgan |title=Islam and New Kinship: Reproductive Technology and the Shariah in Lebanon |date=2009 |publisher=Berghahn Books |isbn=9781845454326 |page=41 |url=https://books.google.com.bd/books?id=MwreDKOTXM8C&pg=PA42&dq=incest+zina&hl=bn&sa=X&ved=0ahUKEwjY9_eko7HjAhWKvI8KHWMICDsQ6AEIIDAB |accessdate=13 July 2019 |language=en}}</ref><ref name="Hashim">{{cite book |last1=Kamali |first1=Mohammad Hashim |title=Crime and Punishment in Islamic Law: A Fresh Interpretation |date=2019 |publisher=Oxford University Press |isbn=9780190910648 |page=94 |url=https://books.google.com.bd/books?id=ZNGaDwAAQBAJ&pg=PA94&dq=incest+zina&hl=bn&sa=X&ved=0ahUKEwjY9_eko7HjAhWKvI8KHWMICDsQ6AEIGjAA |accessdate=13 July 2019 |language=en}}</ref>

{{quotation|Narrated Ibn 'Abbas: That the Prophet said: "If a man says to another man: 'O you Jew' then beat him twenty times. If he says: 'O you effeminate' then beat him twenty times. And whoever has relations with someone that is a [[Mahram]] (family member or blood relative) then kill him."|[[Jami` at-Tirmidhi]],[http://sunnah.com/tirmidhi/17/46 17:46]}}

===Bestiality===
According to hadith, bestiality is defined under zina and its punishment is execution of the accused man or woman along with the animal.<ref name="ill">{{cite book |last1=Semerdjian |first1=Elyse |title="Off the Straight Path": Illicit Sex, Law, and Community in Ottoman Aleppo |date=2008 |publisher=Syracuse University Press |isbn=9780815651550 |page=53 |url=https://books.google.com.bd/books?id=cZzuBMnBKfUC&pg=PA53&dq=bestiality+zina&hl=bn&sa=X&ved=0ahUKEwiE2LGEprHjAhXFuY8KHSPkBmYQ6AEIKTAD#v=onepage&q=bestiality%20zina&f=false |accessdate=13 July 2019 |language=en}}</ref><ref name="law">{{cite book |last1=Ahmed |first1=Syed |title=Law relating to fornication (Zina) in the Islamic legal system: a comparative study |date=1999 |publisher=Andhra Legal Decisions |page=3,71,142 |url=https://books.google.com.bd/books?id=N24mAQAAIAAJ&q=bestiality+zina&dq=bestiality+zina&hl=bn&sa=X&ved=0ahUKEwiE2LGEprHjAhXFuY8KHSPkBmYQ6AEIJTAC |language=en}}</ref>

{{quotation|Narrated Ibn 'Abbas: That the Messenger of Allah said: "Whomever you see having relations with an animal then kill him and kill animal." So it was said to Ibn 'Abbas: "What is the case of the animal?" He said: "I did not hear anything from the Messenger of Allah about this, but I see that the Messenger of Allah disliked eating its meat or using it, due to the fact that such a (heinous) thing has been done with that animal."|[[Jami` at-Tirmidhi]],[http://sunnah.com/tirmidhi/17/38 17:38]}}