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Background reading material by Professor Omar Hasan Kasule Sr. for Year 2 Semester 2 PPSD Session on 11th April 2007
1.0 GENDER IDENTITY
God created 2 different and distinct genders as a pair and from the same source. Each gender should maintain its biological, psychological, emotional, and social identity. The Law prohibits trans-sexual dressing, talking, behaving, and socializing. The man and the woman complement one another. Gender awareness develops in children but sexual awareness develops towards puberty. Socialization also plays a role in strengthening gender awareness.
Gender separation has been used in a wrong way to discriminate against women on the basis of their gender in both ancient and modern communities. Islam emphasizes gender identity while rejecting all forms of gender-based discrimination. The Law equalizes the guilt and their punishment of men and women. It also equalizes the reward for good work.
2.0 EXPRESSION OF HUMAN SEXUALITY
Sexual desire, shahwat, is normal and is satisfied legally only through marriage. Islam forbids complete rejection and suppression of the sexual instinct. God created in each gender features that attract the other gender. Human sexual attraction is enhanced by clothes, perfume, dyeing the hair etc. Shaitan exploits the sexual attraction between the genders to inflame passions that lead to sexual transgression.
3.0 REGULATION OF HUMAN SEXUALITY
The Law regulates sexual relations. Severe punishment is imposed for illegal sexual relations. Puasa can control sexual desire. Modesty, haya, is an inner spiritual protective device that makes a person shun sin and what may lead to it. Society’s revulsion to sexual impropriety is a psychological barrier to zina. Open broadcast of sexual misbehavior as well as false accusation of marital infidelity create tolerance for promiscuity. Those who commit zina are not allowed to marry the chaste and their evidence is rejected.
The following measures against antecedents of zina are prescribed by the Law: covering nakedness; prohibition of seclusion, khalwat; prohibition of free mixing of the genders, ikhtilat; prohibition of sexual display, tabarruj; and respecting the privacy of the home, hurmat al bayt.
4.0 HUMAN SEXUALITY AND MARRIAGE
Marriage is a natural human institution that protects against sexual immorality. Desire for sexual satisfaction is a major reason for marriage. Sexual attractiveness is a continuous process that is necessary to bind the 2 spouses together. The sexual relation in marriage is wider that coitus. It involves social and psychological bonding. The husband and wife have to be close physically, psychologically and emotionally. The sexual relation is private not to be disclosed to third parties. Protection of chastity, ghiirat, is a drive in the spouse and other members of the family to protect the chastity of both males and females.
Marriage is a permanent institution and cannot be a temporary sexual relationship. Four temporary sexual relations are forbidden: temporary marriage; prostitution; adultery between consenting adults, zina; and marriage with the hidden intention to divorce after a time. Prohibition of marriage with close relations, maharim, ensures social intercourse within the extended family without fear of sexual transgression.
5.0 COITUS
Coitus serves 2 purposes: reproduction and sexual enjoyment. Marriage is annulled when coitus is physically impossible and there is no hope for a medical or surgical solution. Both husband and wife have rights to sexual satisfaction. Coitus 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. Coitus interruptus ('azl) is permitted but cannot be done without the permission of the wife. Any coital position is allowed as long as coitus is vaginal. Vaginal coitus from the back is allowed. Anal intercourse is forbidden with both women and men. Homosexuality, liwaat, and lesbianism, sihaaq, are major sins and are forbidden. Wudhu between copulations is recommended. Bath, ghusl, after intercourse is obligatory. Coitus is forbidden during menstruation, post natal or post abortal bleeding, during daytime when in puasa, during the period of ihram in hajj, and in the mosque. Coitus is permissible during lactation. The following acts are forbidden while in sexual ritual impurity, janabat: reciting the Qur'an, salat, and tawaaf,