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Marriage and Morals in Islam

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

Author: Sayyid Muhammad Rizivi
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Marriage and Morals in Islam

Marriage and Morals in Islam

Author:
Publisher: www.alhassanain.org/english
English

This book is corrected and edited by Al-Hassanain (p) Institue for Islamic Heritage and Thought

Marriage and Morals in Islam

Useful guide including discussions on Western sexual morality, Islamic sexual morality, Islamic view of marriage and women, beginning of sexual life, rules of marriage and the wedding night, contraceptives abortion, and human reproduction. An essential guide for every bride and groom.

Author(s): Sayyid Muhammad Rizvi

Publisher(s): Islamic Education & Information Center

Table of Contents

Preface to the First Edition 5

Preface to the Second Edition 7

Introduction 8

A. Why This Book? 8

B. Sex Education 9

Age 9

Contents 9

Note 10

Chapter One: The Western Sexual Morality  11

A. Christian Sexual Morality 11

B. The Victorian Era 12

C. The Sexual Revolution 13

Notes 15

Chapter Two: The Islamic Sexual Morality (1) Its Foundation  16

A. Defining the Islamic View 16

1. Marriage is Highly Recommended 16

2. Celibacy & Monasticism is Forbidden 18

3. Marriage Helps in Spirituality 19

B. Defending the Islamic View 20

1. Mernissi’s Views 21

(A) Women are Considered Sexually Active in Islam 22

(B) Women are a Danger to the Social Order 23

(C) There Should be No Emotional Investment in Women 24

(D) Love Should be Exclusively Devoted to Allah 25

2. Al-Ghazali’s Views 25

The First Harm 26

The Second Harm 27

The Third Harm 27

3. Love for God Vis-a-vis Love for this World 28

C. Criterion of Moral and Immoral 30

1. Regulating Sex by Morality 31

2. Islam & Personal Freedom 32

Notes 34

Chapter Three: The Islamic Sexual Morality (2) Its Structure 36

A. The Beginning of Sexual Life 36

1. Bulugh & Rushd 36

First: With Family’s Support 37

Second: With Community’s Support 37

Third: Married Minus Financial Burden 37

Fourth: Married Plus Simple Life-Style 37

B. Handling Sexual Urge before Marriage 38

1. Immoral Ways 38

(A) Pre-Marital Sex 38

(B) Masturbation 39

(C) Homosexuality 41

2. Lawful Temporary Ways 43

(A) Temporary Abstinence 43

(B) Temporary Marriage (Mut 'a) 44

C. Marriage 45

1. Whom Can You Marry? 45

(A) Restrictions based on Relationship 45

(B) Restrictions based on Religion 45

A Shi'ah Muslim Man 45

A Shi'ah Muslim Woman 46

2. Some Often Asked Questions 46

3. The 'Aqd 47

4. The Time of Marriage 47

5. Days & Times for Sex 49

6. Sexual Techniques 50

(A) Foreplay 51

(B) Techniques of Foreplay 52

(C) Sexual Intercourse 52

(E) Decency & Privacy 54

Notes 56

Chapter Four: Contraceptives & Abortion  58

A. Introduction 58

B. When Does Pregnancy Begin? 59

1. Criteria of Shar'i Definitions 59

2. The Shar'i Pregnancy 60

C. The Contraceptive Methods 63

1. Oral Contraceptives 63

2. Depo-Provera 63

4. Barrier Devices 63

5. Abstinence During Fertile Period 63

6. Withdrawal (Coitus Interruptus) 64

7. Sterilization 64

D. Abortion 65

Notes 66

Chapter Five: New Techniques in Human Reproduction  68

A. Human Reproduction Techniques 68

1. Artificial Insemination by Husband (AIH) 68

2. Artificial Insemination by Donor (AID) 69

3. In Vitro Fertilization (IVF) 69

4. Other Possibilities in Human Reproduction Discussed by Our 'Ulama' 70

5. Surrogate Motherhood 70

B. Some Ethical Questions 71

1. Destroying the Extra Fertilized Ova 71

2. Frozen Embryos 72

Notes 72

Appendix I: Sources of the Shari'ah 73

Notes 75

Appendix II: The Major Ablution (Ghusl Janabat) 76

A. Introduction 76

B. The Causes of Ghusl Janabat 76

C. The Things Which are Forbidden for a Junub 76

D. The Acts Whose Validity Depend on Ghusl Janabat 77

E. Manner of Performing Ghusl 78

1. Ghusl Tartibi: 78

2. Ghusl Irtimasi: 78

F. Recommendable Acts of Ghusl 78

G. A Summary of Ghusl 79

Notes 79

Glossary of Frequently Used Terms 80

Bibliography of Works Cited 81

Preface to the First Edition

This book is the result of a need which I sensed after my first three years in Canada. A person in my position as a religious guide is always confronted by people with questions related to their religious and personal problems.

Unlike the atmosphere in the East where the contact is more on a personal level, the contact in this part of the world is more through correspondence and telephone calls. I soon realized that whenever the question was 'embarrassing' or related to sexual behavior, the caller would prefer not to give his or her name.

And, of course, I had no reason to insist on knowing the identity of the callers; my only duty is to listen and convey the Islamic view to those who seek.

However, what was most interesting about these 'embarrassing' questions was that in majority of cases the callers were feeling guilty for actions that were absolutely permissible in Islam. But because of their ignorance or misinformation, they had been feeling guilty for things which were not at all forbidden in the Islamic shari'ah.

And I said to myself: There must be many more people out there who are going through similar experience, feeling guilty and depressed; and all this because of ignorance! Not all have the courage to talk on such issues or even call without revealing their identity. And so I decided that I have to do something.

I started writing on the sexual morality of Islam. This was in 1986. When I finished the initial draft, I thought that the material might be considered too controversial, and so I decided to test the water before publishing the book.

A lecture on 'Sex and Marriage in Islam' was organized on November 9, 1986 at the Shi'a Muslim Community Center in Vancouver. The vast majority of the community members responded very positively. A lady from the audience wrote a letter which expresses the reaction of the majority. She wrote:

"Thank you very much for the excellent lecture you delivered us on Sunday, November 9th. I must say that you are very brave and you presented the material with great calmness and poise. So far we have never had a Maulana who shared such an invaluable knowledge to educate our community... From my own experience, your educative lecture has clarified many doubts as to what is allowed in our shari'ah..."

Later on I came to know that the video cassette of the lecture was sent to different places as far as England and East Africa. Since I had mentioned in the video that this is the draft of a forth-coming book, I started getting inquiries about it. The response further encouraged me to go ahead with the publication of the book.

However, the publication was, unfortunately, delayed for three years because of my involvement in some other activities. During the last months of 1989, Almighty Allah blessed me with the opportunity to finalize the book. While finalizing the book, I started adding many discussions which eventually doubled the size of the initial draft of 1986 and increased its academic value. This, I hope, will redeem me in the eyes of my readers for the three years delay.

* * *

Chapter One gives a short historical review of the Western sexual morality. This sets the tone for the next chapter which presents the basic view of Islam on marriage and sex. In this chapter, I have also critically reviewed the ideas of an Arab feminist, Fatima Mernissi, on woman's sexuality in Islam. The remaining three chapters deal with the practical aspects of marriage: sexual relations; contraceptives and abortion; and new techniques in human reproduction.

* * *

In the last three chapters of the book, the reader will find a variety of opinions among the Shi'ah mujtahids. (Mujtahids means jurists, the experts of Islamic laws.) The difference of opinion is an essential part of ijtihad which is still a live institution in Shi'ah Islam. I have also clearly given the opinions of the most high-ranking Shi'ah mujtahids of our time, in particular Ayatullah al-'uzma Sayyid Abu 'l-Qasim al-Musawi al-Khu'i and the late Ayatullah al-'uzma al-Imam Sayyid Ruhullah al-Musawi al-Khumayni.

However, I must clarify at the very outset that there are some issues on which the present writer has given his own opinions. This has been done mostly in those cases where the present mujtahids have no opinion. In any case, since all the views have been mentioned clearly, the muqallidin (followers) of the present mujtahids can use this book without any concern about the validity of their actions.

I hope this book will receive even better reception than the video of 1986; and I pray to Allah, subhanahuwa ta'ala, to guide me to the best of opinions and accept this work as a small contribution towards serving Islam. Inna rabbi la Sami'u 'd-du'a.

S. M. Rizvi

Richmond, B.C.

Jamadi II 1410

January 1990

Preface to the Second Edition

The first edition (1990) of this book was very well received by the readers around the globe. It was reprinted in Iran by a publisher whose foreign language publications are distributed all over the world. Its excerpts have been published in magazines in India, South Africa and also in Norwegian language.

In 1993, Mr. M. H. Assagaf translated Marriage & Morals in Islam into Indonesian, a language used, according to him "by the people of Indonesia (170 million), Malaysia, Brunei and parts of Singapore and Thailand."

In 1993, I revised and expanded the previous edition. Besides correcting the spelling mistakes and minor changes and additions to the text and footnotes, two sub-sections "Whom Can You Marry?" and "The 'Aqd" were added in Chapter Three, and the section on "Sources of the Shari'ah" was moved from the Introduction to the end of the book as Appendix I. I have also added a section on "The Major Ablution: Ghusl Janabat" as Appendix II.

I hope this edition proves more useful to the seekers of truth. Wa ma tawfiqi illa bi 'l-lah.

Jamadi I, 1415

October 1994

S. M. Rizvi

Toronto, Canada

Introduction

A. Why This Book?

Writers do not normally have to justify their subject. If they think that what they are writing will be useful to the people in their practical life or in their intellectual pursuit, then they feel no need to justify their work. The present book has both qualities: it is useful and of intellectual interest. But there are many people, even among the Muslims, who think that sex is a taboo subject in all religions. Therefore, it is very appropriate to begin with the question: Is discussion of sexual morality allowed in Islam?

To answer this question one has to look at the definition of religion from the Islamic point of view. Anyone who has studied Islam even on surface can easily know that "religion" in Islamic definition is "a complete system of life" which covers all aspects of human life from the day a person is conceived up to the day he or she is laid in grave.

Islam is not only concerned with the spiritual upliftment of human beings, it is equally concerned about their material and physical well-being. Islam guides its followers in financial and economic matters, in social and political affairs, and also in moral and personal spheres of human life. In moral and personal matters, Islam has specific dietary guide-lines, hygienic rules, dress codes, and also rules about marriage, divorce and inheritance.

The Islamic laws of marriage do not stop at how to marry and whom to marry, it also deals with the sexual morality of human beings. This sexual morality, as we shall see in the following chapters, has been discussed in the Qur'an, and by the Prophet and his Ahlu'l-bayt very thoroughly and openly. Thus there should be no doubt in the mind of anyone about the permission Islam has given for open discussion of sexual morality.

This was about the basic permission which Islam has given to discuss the sexual morality. But this explanation will not be enough for some people who will confront me with the next question: "Is it necessary to discuss sex?"

There are three reasons for the necessity of discussing sexual morality. The first reason applies to all Muslims and the other two reasons are relevant to the Muslims in the Western world who are the primary audience of this book.

Firstly, all Muslims agree that it is the duty of every Muslim to follow the shari'ah Islamic laws; and the laws of Islam are not confined to prayers, fasting, pilgrimage, and other ritual acts. The shari'ah has specific rules about sex also. Therefore, if a Muslim wants to follow Islam fully, then he or she must know the sexual morality of Islam, just as he or she must learn how to perform the daily prayers.

Secondly, the necessity of learning the Islamic sexual morality for the Muslims who are exposed to the New Sexual Morality of the West cannot be over-emphasized. At present, the propagandists of the new sexual morality are presenting their ideas through all the available means of communication: books, magazines, television, movies and videos.

The Muslims in the Western world are, in one way or another, exposed to the unIslamic sexual norms of the West. (This is an understatement; in reality even the Muslims in the East are exposed to the Western culture! ) Therefore, it is absolutely necessary for them to know the Islamic views about sex so they may live an Islamic life.

Thirdly, children in the Western world have excess to sex education to an extent unimaginable by the previous generation, and therefore, it is very important for today's parents to be aware of the right and the wrong in this subject. Only an informed Muslim parent will be able to face this problem correctly and responsibly. These reasons should be a sufficient justification for this book to those who, in the Qur'anic expression, have 'a heart or give ear with a present mind.'

B. Sex Education

The third reason given above does not necessarily mean that I am in total agreement with the way sex education is handled in the Western school systems. I have no problem with the basic ideas that children should be educated about sex. However, I disagree with the age at which sex education begins and with its contents. This issue by itself deserves a detailed discussion which is beyond the scope of my present study. Nonetheless, I will briefly mention my thoughts on these two issues.

Age

Sex education should begin in mid-teens when the children become sexually mature. The aim of sex education at this level should be to help them in understanding that they are responsible and accountable for using their sexual organs.

They should be taught how to deal with sexual tension. (However, by looking at the proportionally high level of child sexual abuse in the Western world [which reflects the degree of its moral decay], I am prepared to accept those programs for young children which aim at educating them as how to protect themselves from sexual abuse. But this, in my view, is not sex education and therefore would not apply to our present discussion.)

Contents

In this permissive society, the emphasis on sex education is more on preventing unwanted pregnancy and sexually transmitted diseases. No serious attempt is made in making the youngsters aware of the virtue of chastity and abstinence till they get married. This is not just because the Western society is a secular, liberal society, it is also related to its consumer-orientated economy. If sex education means only how to prevent unwanted pregnancy and sexually transmitted diseases, then the students learn nothing but the importance of using pills, condoms and other contraceptive devices.

In other words, such sex education is nothing but a promotional program for the manufacturers of contraceptive aids! Germaine Greer, a famous feminist, wrote about promoting contraceptives in the Third world as follows, "The sex reformers, who exhibit no respect for traditional values and address themselves to sexuality without interest in or comprehension of the whole personality, are the bawds of capitalism."1 I totally agree with her not only in relation to the third world but even in case of the sex education in the West.

The reason why sex educators are under pressure not to talk about the natural methods of birth control is not only because such methods are not hundred percent reliable (otherwise, even the condoms are not hundred percent reliable!), the real reason seems to be that if natural methods (like coitus interrupts or abstinence) which involve no expense become more popular, then who will buy the condoms and the pills?

In short I agree with the necessity of sex education for youngsters provided it exhibits respect for their religious and moral values, and addresses the issue comprehensively and not just end up as a promotional program for 'the bawds of capitalism'.

Note

1. Greer, Sex and Destiny, p. 219.

Chapter One: The Western Sexual Morality

Is sex inherently evil? A Muslim would be surprised by this question. Such a thought would never cross his mind. But the relevance of this question to Christianity and the Western world will become clear from the following pages.

In the last eighty years, especially after the two World Wars, the sexual morality of the West has undergone a great change which is commonly described as the "sexual revolution.” On the ruins of the dying Christian morality, the west is trying to build a liberal sexual morality known as the "New Sexual Morality". To understand the social and historical background in which the new morality is emerging, we must study the sexual morality of the Christian Church.

A. Christian Sexual Morality

Although Christianity is commonly thought to be a religion based on Jesus Christ's teachings, I use the word "Christianity" in this book for the teachings of the Church establishment. I am justified in doing so because the Bible has recorded nothing from Jesus Christ on marriage and sex. The exception being the sermon condemning visual and physical adultery:

Ye have heard that it was said by them of old time, Thou shalt not commit adultery. But I say unto you, That whosoever looketh on a woman to lust after her hath committed adultery with her already in his heart. And if thy right eye offend thee, pluck it out, and cast it from thee for it is profitable for thee that one of thy members should perish, and not that thy whole body should be cast into hell.1

The first person in Christianity to talk on sexual morality was St. Paul. He says, "It is good for a man not to touch a woman." (Corinthians I, 7:1) In simple words this means that the Christian Church teaches that celibacy is better than marriage, and that the human body is not for sexual pleasure but for the Lord only. "The body is not meant for fornication, but for the Lord; and the Lord for the body...Do you know that your bodies are members of Christ? (Corinthians I, 6:13,15)

St. Paul knew that celibacy means suppressing human nature but human nature cannot be suppressed. He knew that if marriage is totally forbidden, then people will still indulge in sexual gratification unlawfully. So he says, "Nevertheless, to avoid fornication, let every man have his own wife and every woman have her own husband."(Corinthians I, 7:2)

Then as if to prevent the people from forgetting the holiness of celibacy, he continues: "I say this by way of concession, not of command. For I wish that all men were as I myself am...Therefore, I say to the unmarried and the widows that it is good for them to remain singles as I am. But if they cannot exercise self-control, let them marry: for it is better to marry than to burn." (Corinthians I, 7:6-9) So marriage, when compared to fornication, is the lesser of two evils!

St. Paul further goes on to describe that marriage means distress: "Now concerning the unmarried...I think that in the view of the present distress it is good for a person to remain as he is...Are you free from a wife? Then do not seek a wife. But if you marry, you do not sin, and if a girl marries, she does not sin. Yet those who marry shall have trouble in flesh." (Corinthians I, 7:25-28)

According to the Bible, marriage and pleasing God are antipathetic to each other. St. Paul says, "I want you to be free from anxieties. The unmarried man is anxious about the affairs of the Lord, how to please the Lord, but the married man is anxious about worldly affairs, how to please his wife and his interest is divided...The unmarried woman cares for the affairs of the Lord, that she may be holy in body and spirit; but a married woman cares for worldly affairs, how to please her husband.

I say this for your own benefit, not to lay any restraint upon you, but to promote good order and to secure your undivided devotion to the Lord." (Corinthians I, 7:32,35) He concludes the Christian position as follows: "So that he who marries his betrothed does well, and he who refrains from marrying will do better." (Corinthians I, 7:38)

So the Christian view on marriage, in its original form, can be summarized as follows:

(a) Celibacy is good and should be adopted;

(b) in order to refrain from fornication, marriage is allowed; but it is regrettable and one should try his or her best to avoid it;

(c) marriage retards salvation and is antipathetic to pleasing God.

Three centuries after St. Paul, came a theologian known as St. Augustine. Like his predecessor, he believed that sex was a threat to spiritual upliftment: "I know nothing which brings the manly mind down from the heights more than a woman's caresses and that joining of bodies without which one cannot have a wife."2

He went even further than St. Paul by associating guilt with sex. He acknowledged that was essential for reproduction but argued that the act of sexual intercourse itself was tainted with guilt because of the sin of Adam and Eve. Sexual intercourse was transformed from something innocent to something shameful by the original sin of Adam and Eve, which is passed on from generation to generation.

In his The City of God, St. Augustine says, "Man's transgression [i.e., Adam and Eve's sin] did not annul the blessing of fertility bestowed upon him before he sinned, but infected it with the disease of lust."3

In short, he preached that: (a) sex was something shameful because of the original sin of Adam and Eve; (b) chastity and celibacy was of a higher morality than marriage; (c) celibacy was a prerequisite for priests and nuns.

B. The Victorian Era

There is no doubt that the survey of the Christian sexual morality is essential for understanding the sexual revolution of this century; but to fully comprehend the historical background in which the new sexual morality has emerged, it is equally important to look at the Victorian era.

"While the Christians in the pre-Victorian era were content with restricting sex to marriage, Victorians were concerned with how best to harness sex and rechannel it to loftier ends. For Victorians a moral man abstained from sex outside of marriage and was highly selective and considerate in sexual expression within marriage. And a moral woman endured these sporadic ordeals and did nothing to encourage them. Pleasure was not an appropriate goal for either sex, but especially not so for a woman."4

The following can be stated as the sexual morality of the Christian West in the nineteenth century:

(a) sex is morally degrading compared to celibacy;

(b) sexual passion in human beings is a result of the original sin, therefore sex for pleasure is sinful;

(c) sex without pleasure is allowed only with the intention of procreation.

At the dawn of the twentieth century, the prevalent view was that sex is inherently evil and is acceptable only as a lesser of two evils of fornication and marriage.

C. The Sexual Revolution

What you read above was a brief historical and social background of the Christian West against which the New Morality was emerging. The Church made a serious error in suppressing the most natural urge of human beings, the very means of their perpetuity. And it is obvious that natural urges can never be suppressed. 'Allamah Rizvi writes:

If a religion shuts its eyes to the intricacies of family problems, its followers, sooner or later, will revolt against it, destroying all religious tenets in the wake of the rebellion...Christianity ignored the claims of human nature, extolling the idea of celibacy. Many zealous people tried to live up to that ideal. Monks and nuns shut themselves in monasteries. For a short period, this scheme worked well.

Then nature took its revenge; the monks and abbots cultivated the idea that they were representatives of Christ, and the nuns were given the titles of 'brides of Christ.' So with easy conscience they turned the monasteries into centres of sexual liberties.5

Commenting on the attitude of the Christian clergy, Russell writes, "It was only towards the end of the thirteenth century that the celibacy of the clergy was rigidly enforced. The clergy, of course, continued to have illicit relations with women..."6

Pope John XII was condemned for adultery and incest; the abbot-elect of St. Augustine, at Canterbury, in 1171 was found to have seventeen illegitimate children in a single village; Henry III, Bishop of Leige, was deposed in 1274 for having sixty-five illegitimate children.

The writers of the Middle Ages are full of accounts of nunneries that were like brothels, of the vast multitude of infanticides within their walls, and of incest among the clergy which forced the church to announce that priests should not be permitted to live with their mothers and sisters.7

This and nothing else could have been the consequence of an unnatural sexual morality. Those who could not suppress their natural urges, indulged in sinful acts secretly; others, like Martin Luther, revolted against the church and started the reformation movement which abandoned celibacy.

And when the Christian Church lost its influence in social affairs of the Western world and a separation between the Church and the state took place, even the lay man revolted. This revolt gained momentum after the two World Wars; and the Christian West started the sexual revolution in reaction to the sexual suppression.

A reform movement takes the society from extremes towards moderation; whereas a revolution, in its early stages, takes the society from one extreme to the other. ' Allamah Rizvi comments, "Nature can be compared to a steel spring which, when pressed down, jumps back with equal force. When it took its revenge upon Christians, it turned Christian societies into the most permissive, libertine and undisciplined ones the world had ever seen."8

Thus the New Morality emerged in the West and leaped to the other extreme. From the extreme of suppressing natural desires, some preachers of the new morality went to the extreme of unrestrained sexual freedom which is the realm of the animal world. They propounded the idea of "sex for fun," "sex for its own sake" and "free sex" which eventually would have completely destroyed the concept of family, the fabric of human society.

In the late eighties, it can be said that the spring of nature is returning to its normal position. Katchadourian and Lunde, writing in 1980, say, "The morality of 'sex for fun' or 'sex for its own sake' never appealed to even the majority of the young. The romantic ideals of marriage, fidelity, and a stable home life for rearing children were still very much alive and influential in American life. A new synthesis of values is arising.

Many of the changes in sexual attitudes of the 1960s have been retained, but the more radical beliefs have been found to be unacceptable by most people. Many individuals are willing to approve of premarital exploration, but they want to be certain that no one gets hurt. Many have found that 'sex for its own sake' was not as gratifying as it looked when it first became popular; and others have seen so many people hurt by irresponsible sex that they are asking for a new morality of responsible sex."9

* * *

To summarize, we can say that firstly, the West traveled from one extreme (that of sexual suppression exemplified by the Christian Church) to the other extreme (that of free sex and sex for fun exemplified by the liberal sexual morality). Secondly, the West has realized that free sex and sex for fun is not acceptable to human sensibilities. Finally, after jumping from one extreme to the other, the West is longing for "a new morality of responsible sex." In our view, the morality of responsible sex is the balanced sexual morality of Islam to which we shall turn soon.

* * *

The reason why I discussed the religious and social background in which the sexual revolution has taken place is to let the Muslims In the West and the East know that this revolution was not a by-product of science and technology per se (although some scientific technologies like contraceptives have made it easier); rather it was a reaction to the suppressive sexual morality of the Christian Church. This, I hope, will also break the myth among many Asians and Africans, especially the elite class, that every behavior and norm of the West is based on sound scientific reasons!

Notes

1. Matthew, 5:27-29.

2. Basic Writings of St. Augustine, p. 455.

3. The City of God, p. 21

4. Fundamentals of Human Sexuality, p. 483.

5. The Family Life of Islam, p. 8.

6. Marriage and Morals, p. 64.

7. History of European Morals, vol. II p. 350-351.

8. The Family Life of Islam, p. 8-9.

9. Fundamentals of Human Sexuality, p. 420.