This paper is for an academic discussion and does not claim to issue religious edicts,
fatwas, that should be sought only from the relevant religious authorities. It paper describes normal human sexuality from
the Islamic perspective in order to provide a context for understanding abnormal sexual behaviors and practices. It distinguishes
purely disease conditions (sexual dysfunction and gender identity disorder) from illegal and sinful sexual deviations (abnormal
coital behaviors, sexual paraphilias, and criminal sexual aggression).
Sexual dysfunctions are treatable disease conditions of physical or psychological causation
and include: low or no sexual desire, lack of sexual arousal, failure to reach orgasm, premature ejaculation, erectile dysfunction,
painful coitus, vaginismus, sex addiction and nymphomania, and sexual fantasies. Gender identity disorder or transexualism
has a biological or psychological basis and can be treated surgically. Medically or by psychotherapy.
Abnormal sexual behaviors are deviations from natural sexual expression and include: homosexuality,
al liwaat & al sihaaq), masturbation, al
isimnaan, and oral sex. Paraphilias are non-conventional ways of sexual arousal and include: fetishism, transvestism,
istikhnaath & istirjaal, masochism (erotic arousal from pain and suffering),
sadism (erotic arousal from inflicting pain and suffering), exhibitionism (showing genitalia to strangers), voyeurism (looking
at naked people or those engaged in sexual acts), and frotteurism (rubbing against strangers in crowded places). Criminal
sexual aggression includes: pedophilia, sexual harassment and assault, rape, and zoophilia (erotic arousal from animals).
The main focus of the paper is describing sexual dysfunction and abnormal sexual behaviors
and their treatment from the medical and Islamic Law perspectives. Regarding the legal position on these behaviors the paper
follows the legal principle that in sexual matters everything is forbidden unless specifically allowed by the Law, al asl fi al abdha’e al hurmat. Thus all the abnormalities described are forbidden because the only allowable
sexual expression is vaginal coitus within the marital bond.
Deviations from normal sexual expression have physical, psychological, and social causes.
These causes do not justify the deviant behavior under Islamic Law. This is because Allah created with innate animal passions
and tendency to evil. At the same time Allah created innate goodness in humans with a tendency to virtue. He gave the human
an intellect superior to that of animals to enable him choose the virtue and reject the evil. The superiority of the human
over animals is the ability to overcome any inner evil tendencies. In His mercy Allah sent messengers with wahy to further guide the human towards virtue.
The most effective approach is prevention of sexual abnormalities by tarbiyat starting in early childhood. This is supplemented by a clean and moral social environment. Education
should be targeted at countering the negative sexual messages that abound in modern society being spread by the mass media
and the internet. It is also important to make access to halal sexual enjoyment
easy by encouraging the youths to marry early and to stay married. Also the divorced should be helped to be remarried. Communities with an obvious ender imbalance should consider encouraging the Islamic
alternative of polygyny.
Normal sexual function is necessary to fulfill the third purpose of the Law which is preservation
of progeny, hifdh al nasl. The paper distinguishes sexual dysfunction and gender
identity disorder on one hand from abnormal sexual behaviors, sexual paraphilias, and criminal sexual aggression on the other
hand. The former are disease conditions needing treatment. The former are a mixture of disease and sinning for which deterrent
punishments are employed besides medical treatment.
All analyzes in the paper are based on medical science and the Qur’an or hadith
text where available. Where no textual evidence was available, legal reasoning was based on the general purposes of the Law,
maqasid al shari’at, and the axioms of the Law, qawa’id al shari’at. The purposes of the Law were from al Muwafaqaat fi Usuul al Shari’at by
Abu Ishaq al Shatibi al Andalusi al Maliki (d. ). Axions or principles
of the Law were from the Majallat al Ahkaam al Adliyyat and other books of qawa’id.
The main source of rulings was the Shafite legal manual ‘Umdat al Saalik’ by Ahmad Ibn Naqib al Masri (d. 1368
H). Where relevant opinions have been mentioned from the following sources: Ahkaam al Nisa by Abd al Rahman bin Ali bin al
al Jawzi al Hanbali (d. 597H), Bidayat al Mujtahid wa NIhayat al Muqtasid by Abu al Walid Muhammad ibn Ahmad ibn Rushd (d.
1198H), al Hidayat by Shaikh al Islam Burhan al Ddiin Abu al Hasan Ali bin Abu Bakar al Farghani (d. 593H).
on considering various sexual behaviors as abnormal and hence prohibited is based on the legal principle that in sexual matters,
the original position is haram, al asl fi al abdhai al hurmat. Every sexual act
is considered haram unless there is textual evidence proving it is halal. Thus in these matters permission is the exception
and requires textual evidence. This is a reversal of the principle that operates in the rest of the Law that the original
position for all human acts is permission, al asl fi al umuur al ibahat, and prohibition,
al hurumat is the exception. In non-sexual matters textual evidence is required to prove prohibition but is not required
to prove permission.
The various sexual abnormalities and deviations if unchecked can lead to violation of
all purposes of Law. The purpose of life and good health, hifdh al nafs, is violated
by sexual assault and rape. The purpose of preserving progeny can be violated by homosexuality. The purpose of preserving
the intellect, hifdh al ‘aql, is violated by addictive paraphilias over which
the victim has no control. Abnormal sexual behavior and practice are best prevented by effective family-based tarbiyat in childhood and creating a clean social environment.
need to investigate the impact of abnormal sexual disorders on activities of daily living. Sexual disorders usually have no
direct impact in ‘ibadat and ‘aadaat
except when they become addictive and lead to social dysfunction. They however have an impact on mu’amalaat. They are intimately related with marriage and divorce. The following are situations for which
legal positions need to be worked out: talaq/khuluu on the basis of lack of libido,
divorce on the basis of sexual disorder such as sadism or masochism, divorce on the basis of transsexual behavior, divorce
on the basis of male impotence or female vaginismus/frigidity, and the validity of a marriage contract in cases of known and
established lack of libido. Other issues may arise for those with excessive uncontrollable sexual drives. Fasting may help
control sexual desire. Obligatory medical or surgical treatment may be considered in public interest. In cases of judicial
proceedings, qadha, some forms of sexual disorders may harm social respectability,
muru’at, and therefore the competence to be a witness however each case should
be considered on its own merits. Sexual disorders usually have no direct impact in buyuu’u.
NORMAL SEXUAL FUNCTION
This section will discuss normal human sexuality to lay the background for analysis of
abnormal sexual behaviors. Allah created sexual appetite, shahwat, in humans. It is as normal as is the desire for food or shelter. It is powerful and
can overwhelm a weak human. It can be satisfied legally through vaginal coitus between married partners.
Marriage is the only institution that allows full expression of human sexuality in a responsible way. The sexual relation
in marriage is private and should not be disclosed to any outside parties. Other forms of sexual satisfaction are considered unnatural and are forbidden.
Islam forbids complete rejection and suppression of the sexual instinct. The prophet forbade his companions from castrating themselves so that they
may be devoted to worship all the time. Monasticism as practiced in some Christian sects and other religions is a human invention that goes against basic human nature.
1.2 Regulation of human sexuality
warned about 2 hollow organs that will lead most people to hell: the mouth, fam,
and the genitals, farj. Both are involved in sexual corruption; the former negotiates while the latter commits the crime. The law about sexual
relations aims at decreasing sexual stimulation or removing antecedents of sexual misbehavior and comes under the rubric of
prevention of approaching adultery, qurb al zina. Under normal circumstances, it is the family and the community that regulate
sexual behavior. The state intervenes when sexual promiscuity becomes public and deterrent measures become necessary to control
it. For the youths who are not able to marry, fasting is recommended as a means of controlling the sexual urge for a short
time. A person who is sexually provoked should make a dua and move away from the
provoking situation; distance and time dry up passions. Shyness, haya, helps control
sexual passions. Haya, the morality of Islam, is an inner spiritual protective device that makes a person shun sin and
what may lead to it. It is considered part of faith, iman. It is always for the good and can never be negative. The Qur'an describes in detail the haya
of the daughters of Shuaib in their meeting with Musa (PBUH) that should serve as a model for others.
and society must erect psychological barriers that make the commission of sexual transgression difficult. Severe punishment
is reserved in the hereafter for a person who allows sexual misconduct in his or her family, duyuuth, because this is considered a major sin. The measures that protect the genitals from the ultimate crime are referred
to as hifdh al farj and ihswaan al furuj. Men who protect their genitals are called al muhswinin and women are called
al muhswinat. Ghiirat is commendable and is necessary for proper functioning of society. It is a drive in the
spouse and other members of the family to protect the chastity of both males and females, however too much of it could be
1.3 Sexual attraction and sexual provocation
has created in each gender features that attract the other gender. These include the physical beauty of the body (shape, size,
movements, texture, color), the voice (pitch and depth), scalp, and body hair (length, distribution, texture). Physical beauty
is appreciated by Islam and is considered one of the 4 reasons for choosing a spouse. Shaitan exploits the sexual attraction
between the genders to inflame passions that lead to sexual transgression. Each person always has shaitan with him or her all the time. The extra beauty
and attractiveness of the woman can be a temptation for both her and for men.
sexual attraction is enhanced by clothes, perfume, and cosmetics. The Law has provisions for preventing sexual provocation
for both men and women. The Law enjoins covering nakedness, satr al awrat, and prescribes how it should be done. The laws of hijab contain special provisions
for women as was described in the verses on hijab. Seclusion, khalwat, defined as a man being with a marriageable woman who
is not his wife in a place where others cannot see them, is forbidden. Unnecessary mixing of the genders, ikhtilaat,
is prohibited.. Public sexually-provocative ornamentation, tabarruj, is prohibited   
serves 2 purposes: reproduction and enjoyment. It is the most intimate and intense
physical expression of human sexuality. All other expressions of sexuality precede or prepare for it. According to Imaam Ibn
al Qayyim coitus is a source of physical pleasure. Sexual enjoyment in marriage, al
istimta'u fi al zawaj, is normal and is encouraged. Coitus also has a deliberate
reproductive function that is considered one of the Purposes of the Law, maqasid al shari’at. It enables increase
of progeny which is one of the primary purposes of marriage. Children are a bounty from Allah, ni’imat
al dhuriyyat. Copulation done legally has the additional purpose of preventing illegal intercourse that leads to social, health, psychological,
and economic problems. Coitus also has other benefits because its deprivation for prolonged periods of time leads to psychological
and emotional distress.
has explained in detail the etiquette of coitus, adab al jimaa’e. A supplication, dua, is said before coitus. Foreplay is encouraged and has a beneficial physiological and psychological function in getting
ready for copulation. The vagina is the anatomically and physiologically the only appropriate place for coitus. Anal intercourse
is unnatural and is forbidden. There is no control of the manner or postures of coitus provided it is vaginal
and is natural . Coitus interruptus, ‘azl,
is allowed with some restrictions  for example it
cannot be done without the permission of the wife. By analogy, qiyaas, other methods
of contraception are permitted if they do not involve destruction of life or opening the door to various forms of immorality.
Copulation in advanced pregnancy is discouraged. Copulation with suckling mothers, ghayla,
is an act of love and not mere physical satisfaction. It should be approached with that end in mind. Foreplay is a sunnat and it allows both parties to be psychologically and physiologically prepared. It is preferable that there
is desire in both parties. Preparation for coitus includes reciting the basmalat. Wudhu is recommended after coitus and between 2 copulations. Bath, ghusl,
is required after coitus. The mere contact of the male and female genitalia makes bathing obligatory. Orgasm whether during coitus or in a dream, ihtilaam, necessitates bathing. Bathing is necessary even if the sexual orgasm is experienced in a dream. Seeing wetness necessitates bathing even if no sexual dream is remembered.
are a few conditions in which coitus is prohibited for health or religious reasons. Coitus with menstruating women is forbidden. The same applies to women in the period of post-natal or post-abortion
bleeding, nifaas. Such coitus could lead to infections of the reproductive tract.
Coitus is forbidden after cessation of the menstrual flow but before ghusl. Coitus is prohibited during the day for fasting persons but is allowed at
night. It is prohibited at all times during the period of ihram in pilgrimage, hajj. Coitus is forbidden in the mosque. A divorced woman is required by Law to stay in her former husband's home
for 3 months. He is prohibited from having sexual relations with her during this time and if he does the divorce automatically
of coitus: Like all other human activities there should be a balance between
too little and too much coitus. Too much indulgence could be harmful in both the physical and psychological dimensions. Too
little could be similarly harmful. The Law does not stipulate any particular frequency. Each couple should find out for themselves
what frequency is sufficient to satisfy and protect, ihswaan, them from sexual
corruption. Some jurists have argued that once every 4 days is the ideal based on the reasoning that a man with 4 wives can
rotate among them in 4 days. Omar decreed that no soldier would be kept away from his wife for longer than 6 months, which
perhaps sets the upper limit of sexual deprivation.
Definition: Sexual dysfunction is defined as failure to be sexually aroused or to
achieve sexual satisfaction. Sexual dysfunctions are treatable disease conditions
of physical, psychological, or social causation. Psychological causes are the most common. These disorders include: low or
no sexual desire, lack of sexual arousal, sexual aversion, failure to reach orgasm, premature ejaculation, erectile dysfunction,
painful coitus, vaginismus, hyper-sexuality, nymphomania, and sexual fantasies.
Causes of sexual dysfunction: With the exception of premature ejaculation, sexual
dysfunction is usually associated with psychological disease such as depression, anxiety, stress, personality disorder, and
schizophrenia. The psychological basis of sexual dysfunctions could be negative psychological
experiences and attitudes accumulated from childhood. They could be associated with problems in the marriage. Fear of sexual
failure could increase the problem. They are also a result of modern media that distort human sexuality and create ignorance
and myths that end up confusing people and generating anxiety and stress that eventually impair sexual performance. There
are medical causes for sexual dysfunction such as post surgery, certain medications, drug and alcohol abuse, diseases such
as Parkinson disease, endocrine disorders,
Treatment of sexual dysfunction: Most sexual dysfunctions have both a physical and
a psychological component and treatment must address both components. Pharmacotherapy involves use of specific drugs. Hormones
can be used when the problem is due to hormonal imbalance. Surgical treatment is used for erectile dysfunction.
Sexual dysfunction of a behavioral nature
or no sexual desire: Low or no sexual desire must be distinguished from inability
to perform the sexual act. In this condition the person does not think about sex and does not initiate sexual activity. Psychological
mal-adaptations, stress, depression, worries, and monotony can cause loss of desire in sex. A study has shown low testosterone
levels in men with low sexual desire. It is offensive to marry in the absence of sexual desire because that will inflict suffering on the spouse. There are medical remedies to lack of sexual drive.
aversion is a persistent avoidance of coitus with a spouse. It may be due to
traumatic childhood sexual experiences such as rape, previous painful coitus, or problems in the marriage. Both the wife and
the husband are entitled to sexual rights. The Law allows the woman a grace period of up to 3 days if the husband asks for
sex. The husband is obliged to provide sexual satisfaction to his wife as frequently as she desires to maintain her chastity. Imaam al Ghazzali opined that the husband should be available to the wife at least once every 4 days (al Masri m5.2 p 525).
addiction /compulsive sexual behavior is addictive excessive sexual arousal requiring
more than normal frequency of sexual arousal and /or coitus. It is a state of loss of control over the sex impulse. It is
associated with other mental disorders. It is treated by psychotherapy. If related to hormonal imbalances medical or surgical
treatment may be necessary. If not treated, sex addiction can lead to sexual crimes. Nymphomania is a term used to refer to excessive pathological desire for coitus in a woman.
Sexual dysfunction of a physical nature
of sexual arousal in females is failure of the expected physiological responses
such as vaginal lubrication necessary for the sexual act. It is due to physical factors such as pain or psychological
factors such as anxiety. The equivalent in males is erectile dysfunction.
dysfunction: Erectile dysfunction (impotence) is failure of the male partner
to achieve or maintain penile erection for a reasonable length of time. It may be due to physical / organic causes (diabetes,
atherosclerosis, spinal cord injury, and medication) in older men or psychological causes (stress, exhaustion, worry, and
anxiety) in younger men. Men live in fear of impotence because of its association with loss of male virility. Impotence is
a vicious cycle because one failure is inevitably followed by subsequent failures because of extreme anxiety and fear of failing
again. Treatment of impotence should focus on removing the causes. Viagra is a newly discovered drug that is showing promise
in treating erectile dysfunction. The Law allows annulment of marriage if impotence preventing consummation of the marriage
persists after a grace period of 1 year during which treatment is sought. Some diseases of the blood (such as leukemia and sickle cell anemia) and
metastatic carcinoma can cause blockage of blood vessels leading to prolonged and painful erection, priapism, unrelated to
sexual stimulation. The condition is treatable medically or surgically.
to reach orgasm in women is a common condition in which a patient fails to reach
orgasm despite adequate vaginal stimulation. Its causes are more psychological than physical. It can be treated by psychotherapy
to remove psychological inhibitions. It must however be emphasized that sexual pleasure is possible without reaching orgasm.
problems: Ejaculation problems are of two types. In ejaculatory failure
the man reaches orgasm but fails to ejaculate or has a retarded and weak ejaculation. It is most often psychogenic but may
be associated with certain diseases such as Parkinson disease or with use if certain medication such as anti-hypertensive
drugs. Ejaculation is considered pre-mature if orgasm occurs before or immediately after start of coitus and ejaculation occurs
immediately such that the female partner does not achieve satisfaction. Premature ejaculation is common in young men and is
caused by anxiety, tension due to long sexual deprivation, and marital problems. There are medical approaches to preventing
premature ejaculation and couples experiencing this problem should not hesitate to approach professionals.
coitus: Painful coitus, dyspareunia, is usually a female problem but could also
affect men. In females it is due to infections, vaginismus, dryness of the vagina, or abnormal growths in the vagina. In men
it is rare but may occur associated with certain organic diseases. In some cases it is due to psychological factors. Unlike
common beliefs, it is not due to penile size.(OK?)
Vaginismus is an involuntary painful contraction of muscles around the vagina
making intercourse impossible or very painful. It is of psychological origin (stress, anxiety, and adverse previous sexual
experience such as rape). It is treated psychologically. Pain due to physical causes is not normally diagnosed as vaginismus.
Vaginismus if severe and untreatable could be a cause for revocation of marriage because it will prevent coitus altogether.
This conclusion is reached as analogous to the revocation of marriage due to qarn
and ratq (anatomical defects in which the vagina is blocked or the sides of the
vulva are fused together.
Sexual disorders of the elderly
Some of the elderly experience some of the disorders discussed above. Some others pass
through old age having satisfying sexual lives. Their sexual function is reduced due to anatomical changes or autonomic
dysfunction. Reduction of sexual function may not be accompanied by reduction of sexual desire. In old age males may suffer
from impotence due to erectile difficulties. Vaginitis in females due to deficient estrogens making sexual intercourse painful.
Use of hormone replacement therapy (HRT) can restore female sexual function especially by reducing the dryness of the vagina
that makes coitus painful. Use of Viagra can help elderly men cope with erectile disorders.
General medical approach to sexual dysfunction
Research has linked hormones to sexual dysfunction Testosterone is related to libido in both
men and women. Its secretion decreases with age. The sensitivity of androgen receptors to testosterone decreases with age
so administration of testosterone to patients with sexual dysfunction is useless. Plasma oxytocin levels increase during orgasm so it may have a role.
of sexual techniques may lead to sexual difficulties. Poor communication may accentuate sexual problems. There is a need for
sexual education from the Islamic perspective instead of sexual stimulation that goes as education.
problems are easy to resolve by surgery or medication. Psychological and social problems are more difficult to deal with.
They are associated with cultural factors, myths, beliefs, and ignorance.
The primary approach to sexual dysfunction is medical treatment. If there is no resolution
after a year of therapy marital dissolution may be considered to prevent sexual deviations that could arise from sexual deprivation.
is annulled when coitus is physically impossible and there is no hope for a medical or surgical solution. This may be due
to anatomical or physiological anomalies in both the male and the female. With recent developments in surgery some of these
may be correctable.
factors may cause vaginismus or frigidity in female and impotence in males. Appropriate treatment may be undertaken to prevent
marital annulment. In cases of male impotence a grace period of 1 year is allowed while treatment is being sought. After that
the marriage has to be annulled because it can no longer fulfil the fundamental purpose of protecting chastity of both partners.
The marriage is considered consummated when successful coitus is achieved at least once. Coital failure after that does not
lead to automatic annulment of marriage. The marriage payment, mahr, is not due
in marriages annulled before sexual consummation.
GENDER IDENTITY DISORDER
Terminology about gender identity
Sexual identity refers to the biological gender as assessed using genital anatomy, chromosomal
analysis, hormonal composition etc. Gender identity is the person’s own feelings about what gender he/she belongs to.
Gender identity may not be the same as sexual identity. Gender identity reflects socialization patterns. A child brought up
as man will likely have a made gender identity and that brought up as a girl will have a female gender identity. Sexual orientation
refers to preferences of sexual expression which may be homosexual or heterosexual.
Definition of the gender identity disorder
Gender identity disorder is a persistent preference to be of the opposite gender.
Problems of gender identity could lead to trans-sexuality, bisexuality, and homosexuality. Problems of gender identity
could lead to trans-sexuality, bisexuality, and homosexuality. Transsexuals feel
that they of a gender different from their biological gender. There are several theories of causation: biological (genetic,
hormonal, brain development), psychological, and social.
Management of the gender identity disorder
The Law is very strict in enforcing separate gender identity for men and women. It is unlawful
for one gender to dress or behave like the other one. Gender identity disorder is treated by psychotherapy or by surgery
the aim being matching felt gender identity to biological gender. Hormonal therapy can be used.
ABNORMAL SEXUAL BEHAVIORS
Abnormal coital behavior
Abnormal coital behaviors are deviations from natural sexual expression and include:
homosexuality, al liwaat (erotic desire from a person of the same gender encompassing
lesbianism, al sihaaq), masturbation, al
isimnaan (erotic arousal by non-coital physical genital manipulation), and oral sex.
is erotic desire from a person of the same gender. The term homosexuality is
generally used to refer to sexual activity between men, liwaat. The term lesbianism
is used to refer to sexual activity between women. Some individuals are bisexual being both homosexual and heterosexual. Homosexuality
was considered a mental disorder until 1973. It has gradually become accepted in European and American society as one of the
ways of sexual orientation and expression with specific laws being promulgated to assure homosexual civil rights. The position
of Islamic Law is very different. Sex activity between men, liwaat, and between women, sihaaq, are major
sins and are forbidden. Any form of coitus with a partner of the same gender is forbidden . Anal intercourse, jima’u
al dubr, is forbidden with both women and men and is severely condemned and is forbidden by the Qur’an. The Law prescribes the death penalty for anal intercourse, the act of the
people of Luut.
Masturbation, al isimnaan is erotic arousal by non-coital
physical genital manipulation. Masturbation is sexual self-stimulation that can be practiced by both males and females.
It is generally considered offensive. Some jurists permit it in situations in which it can help prevent commission of the
bigger crime of zina. (is this OK?)
sex is considered unnatural, offensive and unhygienic and should be avoided.
Paraphilia are non-conventional ways of sexual arousal and include: fetishism,
transvestism, istikhnaath & istirjaal, masochism, sadism, exhibitionism, voyeurism,
and frotteurism. Some authors include pedophilia (sexual arousal from children) and zoophilia (sexual arousal from animals)
among paraphilia. This paper has categorized these two as serious sexual crimes for which Islamic Law prescribes severe punishment.
Paraphelia can become addictive or compulsive and may lead to neglect of normal vaginal coitus as a source of sexual satisfaction
with serous consequences for married life and reproduction. They are also usually associated with other paraphilia, with abnormal
coital behavior, and with mental disorders and drug abuse. People who practice paraphilia are likely to commit serious sexual
crimes (Virginia and Sadock p. 1636). Thus paraphilia may be the first step to more serious sexual deviation. Sexual arousal
due to various paraphilias are offensive, makruh, or prohibited, haram, and can be prevented by good early upbringing and social sexual hygiene. Paraphilia are treated
in various ways. Medication can be used to reduce the sex drive. Comorbid mental disorders are treated. Cognitive therapy
is used to make the patient understand the his situation and be empowered to get out of it.
Fetishism is sexual arousal from a non-living object that may be a cloth or a shoe. It may occur associated with other paraphilias such as sado-masochism.
Transvestism, istikhnaath & istirjaal is a disorder
in which cross gender dressing and behavior bring erotic arousal. The patient imagines himself to be of the other gender.
Masochism is erotic pleasure by suffering pain or torture. The victims can sometimes sustain
a lot of pain and injury in seeking pleasure. They may be whipped or chained or humiliated in many ways. All this is done
with their free consent.
Sadism is erotic pleasure from inflicting pain and suffering on others or humiliating them. Masochism
and sadism tend to be carried out together by the same people and are then categorized as sado-masochism.
Exhibitionism is showing genitalia to unsuspecting strangers to get erotic pleasure. The person shows
the genitalia and then runs away not wishing to be recognized by the victims of his action.
Voyeurism is erotic pleasure from clandestine watching naked people or those engaged in sexual activity.
Exposing the sexual act to third parties is a major sin
Frotteurism is erotic pleasure from rubbing genitals against strangers in crowded places such as busy
streets or public buses.
CRIMINAL SEXUAL AGGRESSION
Criminal sexual aggression includes: pedophilia, sexual harassment and assault,
rape, and sex with animals. These crimes are on the increase in modern society. It seems that the deterrents are not strong
enough. Islamic Law on the other hand can deal with these crimes more effectively. It has preventive measures and severe deterrent
Pedophilia is a serious crime that involves deriving sexual arousal from children
and abusing children sexually. It is increasing in all countries and controls against it are weak. The internet has provided
an opportunity for sexual predators to get into contact with children without the knowledge of their parents. Poor and needy
children in developing countries are exploited by the pedophiles who come as tourists.
harassment and assault, al taharush al jinsi: Sexual harassment is unwanted sexual attention that may be verbal (jokes) or physical (like patting) and may end with
sexual assault or rape. Most sexual harassment is by men who use their positions of power to victimize women working under
ightisaab: Rape is defined broadly
as a sexual act without the consent. It may be vaginal coitus or other acts usually specified for each jurisdiction. In acquaintance
rape, the victim knows the perpetrator. Some forms of rape, such as date rape, occur because the Islamic Laws about seclusion,
khalwat, are not observed. Some European laws recognize rape by the husband but
this is not acceptable in Islamic Law. Islamic Law requires kindness and consideration for the feelings of the wife regarding
sexual contact but will not go to the extent of recognizing marital rape. Any sexual activity with a child below the age of
maturity, ghair baaligh, or a mental patient even if consensual is considered rape.
The statistics about rape are an under-reported because victims of rape are reluctant to report to the authorities because
of the anger, shame, and guilt involved. Many of them are also reluctant to seek medical help. Islamic law prescribes severe
punishment for rape. The aggressor has to pay financial compensation in addition to criminal punishment. If a woman is forced into illegal coitus she is not punished. Medical intervention in cases of rape includes treating injuries (physical and psychological), collecting evidence for
prosecution, and measures to prevent infectious disease.
Incest, ityaan al mahram: Incest is sexual action with an unmarriageable
relative as defined by Islamic Law. It is a serious violation of the family institution. For proper functioning of the family
unit the Law allows interaction among relatives of opposite gender on the assumption that sexual provocation will not occur.
Such a level of interaction is not allowed among unrelated people. Islamic Law prescribes severe punishment for incest that
may even be death.
with animals / bestiality, itiyaan al bahiimat: Sexual activity with animals
is considered a serious crime. No distinction in the level of crime is made for different types of animals. The Law prescribes
the death penalty for this crime.
5.0 CAUSES OF ABNORMAL SEXUAL BEHAVIORS
In discussing causes of abnormal sexual behaviors we have to confront several dichotomies:
nature vs. nurture, physical vs. psycho-social, disease vs sin. There is no one cause of abnormal sexual behavior. Several
factors interact in a multicausal chain that leads to an undesirable behavior. Some abnormal sexual behaviors like homosexuality
are sins likely due to interaction between innate biological and personality factors on one hand and the social environment
especially that of childhood on the other hand.
The approach to preventing these disorders centers more around good tarbiyat of children so that they are empowered to overcome any biological or psychological tendencies to evil.
In summary nurture can mitigate or nullify the effects of nature. Abhorrence of sin can overcome psychological disease. We
also have to resist strongly the tendency in contemporary society to excuse some of these abnormal behaviors on the grounds
that they are natural. Doing so would be a denial of the superiority of human creation. Allah endowed the human with an intellect
and a will that can overcome any innate biological tendencies to evil.
Among biological factors researched as causes of homosexuality and paraphilia have been: hormones,
geneties, and brain structure. Results from such research have been inconsistent and inconclusive. Research on the biological basis of homosexuality has the negative
side effect of making the practice acceptable since it is ‘natural’. From the Islamic point of view finding such
biological or a psycho-pathological basis for homosexuality basis does not justify the abnormal behavior because the human
was endowed with the ability to choose between right and wrong being guided in addition by revelation.
Adverse sexual experiences in early life are a cause of sexual problems in adult life. Children who were sexually abused end up as adults who gravitate to abnormal sexual
behaviors and to have unsatisfactory sex lives.
Homosexuality is not a new condition in human history. Several cultures modern and ancient
tolerated it while others abhorred it. These variations indicate that social and cultural factors are involved in homosexuality.
Social changes can encourage homosexual behavior. Attitudes have changed a lot about homosexuality.
The Gay rights movement is also called the homosexual rights movement or the gay liberation movement is a civil rights
movement that fights for equal rights for gay men, lesbians bisexuals, and transsexuals. It tries to eliminate laws against
homosexuality and discrimination against homosexuals. Attitudes to homosexuality in European culture and law have changed
considerably. It was condemned as immoral by the Church, treated as a crime by the law, and considered a mental disease by
the medical profession. It is now tolerated by a wide cross section of the society and homosexuals no longer hide their sexual
orientation. They even have the courage to fight for their civil rights because there are sections of the community that still
discriminate against them.
Paraphilia are not new. They existed in the past but were hidden. We also can assume that
they were practiced by fewer people. Their ‘apparent’ increase in the modern times is due to more liberal attitudes
to sexual matters that allows people to talk freely about their sexual orientation. Their real increase is due to a more permissive
and tolerant society.
The media play the biggest role because many who have these practices would not have known
about them. The media play the role of seducing, training, and motivating the paraphilia.
There should exist in society a psychological revulsion to sexual corruption. Sexual misbehaviour, fahishat, should not be broadcast openly. Thus accusations of marital infidelity, al
qadhaf, should not be made without proof and severe punishment is reserved for the accuser who cannot produce 4 witnesses. Talking about sexual infidelity openly and lightly will eventually
make the crime look ordinary and common and thus easier to commit. Those who committed sexual transgression should be socially
isolated by not allowing them to marry chaste people. They can only marry other adulterous persons.
that are suffering from spiritual maladies seek exotic forms of sexual satisfaction and shun the natural ways. This includes
copulation with animals or use of sexual objects and fetishes.
8.0 PREVENTION OF ABNORMAL SEXUAL BEHAVIORS
8.1 Historical background
living in age that is more open about human sexuality than previous epochs of human experience. Sexual matters and sexual
problems are discussed openly in the mass media. People are more forthcoming to seek medical help for sexual disorders. The
change in attitude can be attributed to three sexual revolutions that demystified sex and led to much sexual corruption. The first sexual revolution started with the discovery of the pill in 1960
and led to an explosion of extra-marital sex and sexually transmitted disease world wide because it removed the fear of pregnancy
and separated sexual enjoyment from reproductive responsibility. The second revolution was availability of legal abortion
starting in the 1970s. It complemented the first revolution by assuring that if contraception failed there was another way
out. The third revolution was in the 1990s when assisted reproduction techniques enabled parenthood without sexual union.
This revolution is likely to end up with reproductive cloning. The impact of the three revolutions was to demystify sex and
remove inhibitions that had limited its expression outside marriage. These revolutions also inspired other social changes.
The family was devalued and divorces increased. The feminist movement emphasized the sexual rights of women. Homosexuals asserted
their right to openly express their sexual orientation without discrimination. In the era of sexual permissivity hitherto
hidden abnormal sexual behaviors surfaced and with promotion by the mass media became acceptable. The media played a very
vital role in breaking down psychological abhorrence of these practices that was known in conservative society.
sexual behaviors and practices are learned in society and the learning can start very early in childhood. Societal tolerance
allows practice. Once the behaviors are established they are very difficult to stop because they are addictive. Severe and
deterrent punishments can be attempted but they cannot fully solve the problem. The only effective approach is prevention
by proper tarbiyat starting from childhood and making sure that there are no social
circumstances conducive to these abnormal behaviors.
Islamic Law can prevent these crimes completely through strengthening the family and other
community institutions (such as the masjid), proper tarbiyat of children, and creating a social environment conducive to the practice of the good and abhorrence of
the evil. Creating such an environment will require a serious look at information and entertainment media have a major impact
on individual behavior and social attitudes. Stopping or even censoring the media in the internet age is impossible.
8.3 Specific Islamic teachings to prevent abnormal sexual behaviors
As mentioned above the best
preventive approach is tarbiyat. The prophet talked about high rewards for good upbringing of boys, Thawaab tarbiyat al awlaad, as well as girls, Thawaab tarbiyat al banaat. The Law ordained measures to prevent sexual stimulation such as separating
boys from girls in sleeping places after the age of 7, discouraging public baths and bathing naked. False accusations of sexual violation was prohibited because it has the effect of lowering the psychological barriers and making
commission of the forbidden easier. Sexual relations between women were prohibited sihaaq. Also prohibited was 2 women being in one garment
 (Qur’an 3:14, 7:81, 27:55)
 (Qur’an 6:151, 17:32)
 (KS206 Ibn Majah K37 B17)
 (al Haythami al Masri p. 982)
 (Qur’an 21:91, 24:33, 66:12)
 (Qur’an 4:24-25, 5:5, 24:4, 24:23)
 (Qur’an 12:23-24 & 12:30-34)
 (Bukhari Bukhari K67 B67)
 (Ibn al Qayim p. 256)
 (Qur’an 25:27, 42:49)
 (Ibn al Qayim p. 257)
 (Ibn al Qayim p. 262)
 (Ahmad 2:359) and a supplication, dua,
 (Ibn al Qayim p.259)
 (Virginia and Sadock p 1585)
 (Virginia and Sadock p. 1588)
 (al Masri m1.1 p. 509)
 (al Masri m5.1 p. 525)
 (al Masri m5.2 p 525)
 (al Masri m7.1 p. 531)
 (Ibn Rushd Kitaab al Nikaah
Bidayat al Mujtahid Vol 2 page 59)
 (Virginia and Sadock in Com
 (al Masri f17.4, f17.8, p.
 (Qur’an 7:81, 27:55)
 (Qur’an 7:80-84, 11:77-83, 15:57-77, 21:71-75, 26:161-175, 27:54-58,
29:26-29, 29:30-35, 37:133-138, 51:31-37, 54:33-40, 66:10)
 (Ibn Majah K20 B13, 35)
 (Abudaud K37 B28, 29)
 (Virginia and Sadock p 16150)
 (Virginia and Sadock p 1583)
 (Qur’an 4:148, 24:19)
 (Qur’an 24:4, 24:11-19, 24:23)