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C. CRITERION OF MORAL & IMMORAL

We have said earlier that Islam does not agree with the suppression of sexual urges, rather it promotes their fullfilment. But at the same time we have been emphasizing that it must be done in a responsible and lawful way. In other words, we have hinted that according to Islam sexual urges can be fulfilled in two ways: lawful and unlawful or moral and immoral.
What is the criterion of moral and immoral in the Islamic morality? Islam, like any other religion or ideology, has certain fundamental beliefs and all its teachings must be in harmony with its fundamentals. The foundation of Islam is the faith in One God, not just as the Creator but also as the Law-Giver. The Qur'an is not just a book of spiritual guidance, it is also a source of laws regulating our daily life. "Islam", after all, means "submission" to the will of God." The Qur'an says clearly that "It is not for any believer man or woman, when God and His Messenger have decreed a matter, to have the choice in the affair. Whosoever disobeys God and His Messenger has gone astray into manifest error." (33:36)
So in Islam, the right and the wrong, the moral and the immoral, the lawful and the unlawful is decided by Allah and His Messenger. And, in our view, the Imams of Ahlu 'l-bayt are the best commentators of the Qur'an, the protectors of the authentic sunnah and living examples of the teachings of Islam. In short, the criteria of lawful and unlawful in Islam are the Qur'an, the authentic sunnah of the Prophet and his Ahlu 'l-bayt.


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The Shi'ah faith also emphasizes that whatever Allah has decreed as lawful and unlawful is based on a reason -material or spiritual or both. However, since God is Omniscient whereas we are still at the shallow end of the deep ocean of knowledge, it is not always possible for us to understand the rationale behind each and every command of God. The basic concept of sexual morality -that sex is not evil and should not be suppressed- is a very obvious example of an Islamic teaching which is in complete harmony with human reason and nature.
As soon as we say that Islam believes in regulating our sexual behaviour, we are confronted with the question about (1) regulating sex by morality and (2) personal freedom in sexual behaviour. These are the two issues which we intend to discuss briefly before closing this chapter.

1. REGULATING SEX BY MORALITY

The first question is that, "Can sexuality be regulated by morality?" We are told that "there cannot really be such a thing as a specifically sexual morality. Morality ... attaches not to the sexual act, but always to something else, with which it may be conjoined. We may reasonably forbid sexual violence, say, but that is on account of the violence; considered in and for itself, and detached from fortuitous circumstances, the sexual act is neither right nor wrong, but merely 'natural'."1 The conclusion of this idea is simple: since there can be no real sexual morality, therefore, there should be no restrain, whatsoever, in sexual gratification. Nothing should be considered immoral or unlawful!
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1. Quoted in Scruton, Sexual Desire, p.2.
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This idea by itself is absurd. Sexuality is an act which mostly involves two persons, and whenever two persons are involved -even on secular basis- laws and regulations become necessary to regulate their behaviour.
To provide a rational basis for this idea it is sometimes said that many nervous and mental disorders take place because of the feeling of sexual deprivation. The preventive measure for such nervous and mental disorders is unrestrained gratification of sexual instinct. What they want to say in simple words is that the more you restrict sex, the more people will be attracted towards it and suffer the feeling of deprivation.
The libertine culture of the West actually enforced the unrestrained sexual behaviour in the West during last thirty years. And, by keeping in mind the above arguments, one would expect to see a decline in the number of nervous disorders, sexual frustration, rape, incest, child abuse, and sexual assault. But has this really happened? No, of course, not! A look at the statistics show that all the so-called effects of sexual deprivation has increased manifold in spite of the unrestrained sexual mood of the 60s, 70s and 80s!
What actually happened was that the Western world, after revolting against the suppression of sex by the Christian system, mistook unrestrained sex for nurtured sex. Islam does not accept the idea of suppressing the sexual instincts, instead it encourages the nurturing of those feelings and fulfilling them in a responsible way. Whatever restrictions Islam imposes on sex are based on the idea of nurturing it. It is not different from the way we fulfill the desire for food: you must eat, but not overfeed


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yourself. Similarly you must fulfill your sexual desires, but not at the expense of the rights of others and of your own body.
After rebelling against the suppressive sexual morality of the Church, the libertarian culture went to the other extreme of absolutely unrestrained sex. They made a big mistake in thinking that restrictions, in any form, were unnatural and wrong. Even Bertrand Russel, who strongly supports the libertarian view, had to accept that some restrictions in sexual morality are necessary. He writes, "I am not suggesting that there should be no morality and no self-restraint in regard to sex, any more than in regard to food. In regard to food we have restraints of three kinds, those of law, those of manners, and those of health. We regard it wrong to steal food, to take more than our share at a common meal, and to eat in ways that are likely to make us ill. Restraints of a similar kind are essential where sex is concerned, but in this case they are much more complex and involve much more self-control."1
Russell, however, had difficulty in finding a new basis for sexual morality. The dilemma which the Western world is facing at the present time is very eloquently reflected in what Russell has written. He says, "If we are to allow the new morality [of unrestrained sex] to take its course, it is bound to go further than it has done, and to raise difficulties hardly as yet appreciated. If, on the other hand, we attempt in the modern world to enforce restriction which were possible in a former [Christian] age, we are led into an impossible stringency of regulation,
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1. Russell, Marriage and Morals, p.293-4.
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against which human nature would soon rebel. This is so clear that, whatever the dangers or difficulties, we must be content to let the world go forward rather than back. For this purpose we shall need a genuinely new morality. I mean by this that obligations and duties will still have to be recognized, though they may be very different from the obligations and duties recognized in the past ... I do not think that the new system any more than the old should involve an unbridled yielding to impulse, but I think the occasions for restraining impulse and the motives for doing so will have to be different from what they have been in the past."1
If Russell had an opportunity to study Islam from close, I am sure he would have found in it "a genuinely new morality" which regulated sex without leading into "an impossible stringency of regulation."

2. ISLAM & PERSONAL FREEDOM

The second questions with which we are confronted by secularists and liberals is that of personal freedom: "Am I not free to do whatever I like as long as it does not infringe upon the rights of others?"
I think it will be very helpful to point out the main difference between Islam and the secular, liberal idea of personal freedom. In secular system, the rights are divided into two: rights of an individual and rights of the society. A person is free to do whatever he or she likes as long as it does not infringe upon the rights of other people. To become an acceptable member of society, one has to accept this limitation on his or her freedom. An individual's freedom is only restricted by the freedom of
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1. Russel, Marriage & Morals, p.91-2.
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others. Islam, on other hand, divides the rights into three: rights of an individual, rights of the society, and rights of God. A person is free to do whatever he or she likes as long as it does not violate the rights of other people and God. To become a Muslim, one has to accept this limitation on his or her personal freedom.
One more important difference is in the concept of individual's right. In secular usage, individual's rights are seen in control to those of the other members of society. Islam goes one step further and says that even the body of an individual has some rights against theperson himself. In other words, Islam holds a person responsible even for the use of his or her body. You are not allowed to abuse your own body or harm it. Allah says, "The hearing, the sight, the heart -all of these shall be questioned of." (17:38) Describing the day of judgement, He says, "On the day when their tongues, their hands, and their feet shall bear witness against them as to what they were doing." (20:24) "On that day We will put a seal upon their mouths, and their hands shall speak to Us and their feet shall bear witness of what were earning." (36:65) Imam Zaynu 'l-'Abidin, in his Risalatu 'l-Huquq, describes the rights which a person's tongue, ears, eyes, feet, hands, stomach and sexual parts have on him. If a person misuses or abuses his body, then he is guilty of infringing the rights of his own body and also the rights of God who has give the body as a trust to us. The Qur'an says, "The believers are ... those who protect their sexual organs expect rom their spouses ... Therefore, whosoever seeks more beyond that [in sexual gratification], then they are the transgressors." (33:5-6)


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In Islam, an individual's rights are not limited only by rights of the society but also by those of his own body and God. The justification for this is very simple: Islam does not allow a person to harm or destroy himself; and sin or immorality is a means of perdition. This limitation is based on the love and concern which the Merciful God has for us. "Allah does not desire to make any impediment for you, but He desire to purify you and to complete His blessing upon you." (5:6)
The Islamic concept of personal freedom may seem restrictive when compared to that of the secular system, but its rationale and justification is accepted, in an indirect way, even by the secular society. The logical consequences of the secular idea of personal freedom is that a person is allowed to do whatever he likes with himself; the only limitation is that he should not infringe upon the rights of others. But the West has not been able to totally swallow this idea as can be seen in the laws which place restrictions on certain acts, for example, suicide or using narcotic drugs and also the mandatory use of car seat-belts in some countries like Canada. By using narcotic drugs, the addict is not infringing upon the rights of others -unless, of course, the meaning of infringing upon others' rights is stretched to include spiritual values which are not part of the secular realm- but still the Western society considers it unlawful and takes steps to prevent the addicts from using drugs. This is justified by saying that it is the society's duty to prevent its citizens from harming themselves. In these examples, we see that the secular system is retreating from the logical consequences of its version of individual freedom. The only difference remaining


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between the secular and the Islamic views is that the former gives the right of restricting to the society while the latter view gives that right to God.
In conclusion, we may say that the Islamic view forbids not only the acts which infringe upon the rights of others but also those which infringe the rights of the persons' own body. This view is based on the love and concern which Allah has for human beings.

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Chapter Three

THE ISLAMIC SEXUAL MORALITY (II):
THE STRUCTURE

In this chapter we will first talk about marriage at the age of puberty, then we will examine the possible ways of handling sexual urges if one decides not to marry soon after puberty, and finally we will discuss comprehensively about marriage procedure and sexual techniques.

A. PUBERTY:
THE BEGINNING OF SEXUAL LIFE

Sexual desire is aroused in human beings at the age of puberty. In Islamic legal definition, puberty (bulugh) is determined by one of the followings:
    1. age: fifteen lunar years for boys and nine for girls;
    2. internal changes:
    In boys: The first nocturnal emission. Semen accumulates in the testicles from puberty onwards and more semen may be formed than the system can assimilate; when this happens, semen is expelled

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    during the sleep. This is known as nocturnal emission and wet dream or ihtlam in Arabic. In girls: Menstruation. Right from their birth, the girls' ovaries contains about 400,000 immature eggs; at puberty, the eggs start maturing, usually one ovum each month. If no egg is fertilized, the egg together with the lining of the womb is discarded in form of what is known as menstruation and monthly period or hayz in Arabic.
    3. physical change
    Growth of coarse hair on lower part of abdomen.
Since sexual urge begins at puberty and as Islam says that sexual urge should be fulfilled only through marriage, therefore, it has allowed marriage as soon as the boy and the girl reach the age of puberty. In case of girls, it not only allows them to be married as soon as they become mature, but also recommends such marriage. It is based on such teachings that Islam discourages girls from postponing their marriage because of education; instead, it says that girls should get married and then continue their education if they wish to do so.
But just physical maturity by itself is not enough for a married life, rushed (maturity of mind) is equally important. On the other hand, however, our present way of life has become so much complicated that there has appeared a considerable gap between puberty and maturity -both in financial and social affairs. A recent article on the American youths says, "[Y]oung Americans entering the 21st century are far less mature than their ancestors were at the beginning of the 20th. The difference is evident in all areas of youthful development: sex, love, marriage,


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education and work. Physically, today's youths are maturing earlier than previous generations, but emotionally they are taking much longer to develop adult attachments."1 Consequently, it is not easy for boys and girls of our atomic age to marry as they become physically mature.
So what how should the youths handle their sexual urge? What can the Muslims do about their next generation? In spite of the problem mentioned above, I believe there are ways by which Muslim youths in their late teens can get married without worrying about the financial aspect. Here I can suggest three possibilities::
1. If the parents are well to do and can support their young married children till they are financially independent, then I would strongly suggest that they encourage their children to marry and support them till they can stand on their own. While talking about the contract of freedom made between a slave and his master, the Qur'an says, "... and give them of the wealth of Allah which He has given you ..." (24:33) If Islam puts so much emphasis on financially supporting one's freed slave (so that he may stand on his own feet), it is needless to say how virtuous it would be to help one's own children to stand on their feet!
On a broader level, the Muslim organizations should create funds (e.g., long term interest-free loans) to support the young Muslims who want to get married but lack financial resources. Once a person guilty of indecent sexual behaviour was brought to Imam 'Ali. After punishing him, the Imam arranged for his marriage at the expenses
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1. Newsweek, Special Edition Spring 1990, p.55.
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of the government. The Imam set an example of how the society can help the youths in starting a family life. By looking at the situation in the Western world, the Muslim organizations should at least morally feel obliged to provide such support for their youths. This is not a matter of charity, it is a matter of surviving as a Muslim community in a hostile environment.
2. The boy and the girl can do their 'aqd (marriage contract) but postpone the marriage ceremony till after they have finished their education. In other words, they would be married but still staying with their parents. They can meet each other without any shari'ah objection; and if they decide to have relations, then they should use permissible contraceptive means to delay the child-bearing process. In this way, they would be able to fulfill their sexual desire and be free from financial responsibilities.
3. The boy and girl can do their 'aqd and even the marriage ceremony but delay the child-bearing process AND adopt a very simple life-style. Thus they will be able to fulfill their sexual desire and also be free from heavy financial burden.
However, I cannot overemphasize the importance of the role played by parents in supervision of all such arrangements. I would not at all support the idea that a boy and a girl decide such matters on their own without the parents' input or without registering such arrangements at the community center. This will protect the reputation of the girl in case things do not work out properly. Moreover, what I have suggested above also means that parents and youngsters both will have to radically change their outlook towards the materialistic


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aspect of life. They will have to adopt a very simple life-style. If today's youths intend to have a 'standard' financial footing before getting into marriage, then it will not be possible in the late teens; they will have to wait till they are above thirties! The article mentioned above says that the youths "are marrying later than their parents did -partly for economic reason- and many college graduates are postponing marriage beyond age 30."1
One important benefit of these suggestions is that a youngsters of college age will be free from sexual anxieties and will be able to concentrate fully on his or her studies. On the other hand, if a Muslim youth raised in the Western society without any religious upbringing is not provided with financial and moral support by his parents, then he will most probably melt in the permissive culture that tolerates teenage sex outside marriage And if this happens, God forbid, the youth will not longer regard sexual relationship as a matter of value or commitment. "Most of us got one-night stands out of our system in college," writes Nancy Smith, 25, in a recent essay for The Washington Post on her generation's struggle with adulthood. "Sex outside a relationship is not so much a matter of right or wrong as: Is it really worth the hassle?"2 And this type of sexual behaviour has serious social consequences: abortions; unwanted babies; increase in divorce ratio and single-parent families. Add to this the emotional suffering the people in general and the children in particular go through in such crisis.

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1. Newsweek, p.55.

2. Ibid.

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