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Islamic sexual jurisprudence


Islamic sexual jurisprudence concerns the religious laws of sexuality in Islam, as largely predicated on three principal sources of Islamic jurisprudence:

On the basis of these (Quranic, hadith, and fatwa) parameters of Islamic jurisprudence, in its broadest and most general understanding, Islamically lawful sexual activity (as applicable to Muslims) is confined to acts of heterosexual sexual activity between no more than two people at any one time (one male and one female), where the male is a Muslim male that possesses over the female a conjugal right or a slave ownership right.

Islamically lawful sexual relation are restricted in the broadest of understandings, therefore, to:

Despite the above, various detailed nuances exist between the different Islamic sects regarding the surrounding circumstances which affect the applicability and validity of the general understanding. Among the most notable differences that arise, for instance, are what constitutes an Islamically valid marriage (including permissible/prohibited marriageable ages, who is permissible/prohibited as a spouse due to consanguinity or kinship through marriage or milk kinship, prohibition/permissibility of temporary marriage, what constitutes a valid talaq and iddah for the purposes of both the female and her new man entering into and consummating a new marriage after the woman had been divorced or become a widow, etc.), the circumstances under which slave acquisition is deemed Islamically valid/void, or even whether slavery itself as an institution in Islam has been abolished (as was the envisionment for slavery when the dispensation for Islamic slavery was initially provided for) and cannot Islamically be re-introduced (including, therefore, a blanket prohibition to the reintroduction of sexual relations with purported salves).

While there is no explicit concept of rape within either Islamic marriage or Islamic slave ownership (since marriage and slave ownership is deemed to have granted the female's consent to sexual relations to her husband or slaveowner as part of the marriage contract or slave property rights), a female over whom a Muslim male has conjugal or slave ownership rights can only refuse sex on grounds which are specified as prohibited for sexual intercourse. Within marriage and slaveownership, therefore, there are limitations: a man should not have intercourse during the female's menstruation and afterbirth periods. He is considered to be sinning when penetrating anally. Sex with more than one female at any one time is prohibited, irrespective of whether the females are lawful to him for sexual relations individually (cf. a female only has one single lawfully available sexual partner at any one time, her husband or male slaveowner).


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