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Draft:Istimtā

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Istimtāʿ denotes the derivation of lawful sexual benefit or pleasure from a spouse, or conversely, any form of sexual gratification prohibited by Shari'a.[1] The right to istimta' is a primary marital right of the husband; in instances of conflict with other duties, this right takes precedence. Consequently, a wife may not undertake any action that infringes upon this right without the husband's permission, such as contracting herself for nursing (breastfeeding),[2] leaving the house,[3] performing Hajj,[4] or observing a recommended fast.[5] Furthermore, she may not deny her husband this right unless a religious impediment exists—such as the potential neglect of a mandatory duty or the commission of a forbidden act—or a rational obstacle, such as illness, is present.

A prerequisite for the husband's obligation to provide maintenance in a permanent marriage is the wife's submission; she must be available whenever the husband desires and must not obstruct his access.[6]

Istimta' is categorized as either lawful or haram:

  • Lawful Istimta': This encompasses legitimate sexual pleasure derived from a spouse as permitted by Shari'a. Its performance may be classified as wajib, mustahabb, or disliked depending on circumstances. For instance, it becomes obligatory if one has made a vow to lawfully enjoy their spouse, or when it serves as the sole means to avoid committing a sin or haram act.[7] It is recommended when either spouse experiences sexual desire, a state in which Islam highly encourages such intimacy.[8] However, certain forms, such as physical contact during menstruation, are disliked, although pleasure derived without direct skin contact or through clothing is generally not considered disliked.[9]
  • Forbidden Istimta': Sexual gratification derived from anyone other than a spouse or a slave girl—whether human or animal[10]—including acts such as sodomy,[11] lesbianism,[12] lustful glances, and istimna' (masturbation),[13] is forbidden. These acts carry an essential (dhātī) prohibition, meaning they are haram in themselves under all circumstances. Additionally, engaging in otherwise lawful istimta' while in the state of ihram for Hajj or 'Umra,[14] or while fasting (if the person knows it will lead to ejaculation), is forbidden.[15] This is termed an accidental (ʿaraḍī) prohibition; the illegality arises from a specific external cause (e.g., the ejaculation of semen or the state of ihram), and in the absence of that cause, the act remains lawful. Furthermore, istimta' involving intercourse with a spouse who has not reached puberty,[16] a spouse in the 'idda of shubha,[17] or vaginal intercourse during menstruation is forbidden; however, non-coital pleasure is permissible in these cases.[18]

The repercussions for forbidden istimta' are classified as either otherworldly—incurred by committing the act without repentance—or worldly. Worldly penalties may be financial, applied to acts with an accidental prohibition (such as spousal intimacy during ihram, which incurs a kaffara), or physical. Physical punishment is further categorized into the sharia limit (ḥadd), imposed for inherently prohibited acts like adultery, sodomy, lesbianism, and the like; or discretionary punishment (ta'zir), imposed for acts such as kissing, touching, sleeping under a single blanket with a non-mahram, or engaging in intercourse during menstruation or while fasting.[19]

Notes

  1. ↑ Khumaynī, Taḥrīr al-wasīla, 1368 Sh, vol. 2, p. 231; Muṣṭafawī, al-Taḥqīq fī kalimāt al-Qurʾān al-Karīm, vol. 11, p. 17.
  2. ↑ Najafī, Jawāhir al-kalām, Tehran, vol. 27, pp. 297, 311.
  3. ↑ Najafī, Jawāhir al-kalām, Tehran, vol. 30, p. 58.
  4. ↑ Najafī, Jawāhir al-kalām, Tehran, vol. 17, p. 332.
  5. ↑ Najafī, Jawāhir al-kalām, Tehran, vol. 17, p. 130.
  6. ↑ Najafī, Jawāhir al-kalām, Tehran, vol. 31, pp. 303–304.
  7. ↑ Ḥakīm, Mustamsak al-ʿUrwa, Qom, vol. 5, p. 14.
  8. ↑ al-Ḥurr al-ʿĀmilī, Wasāʾil al-Shīʿa, 1414 AH, vol. 20, pp. 22–23.
  9. ↑ Ḥakīm, Mustamsak al-ʿUrwa, Qom, vol. 3, pp. 318–320; Gharawī Tabrīzī, al-Tanqīḥ (al-Ṭahāra), 1410 AH, vol. 6, p. 444.
  10. ↑ Najafī, Jawāhir al-kalām, Tehran, vol. 41, p. 637.
  11. ↑ Najafī, Jawāhir al-kalām, Tehran, vol. 41, p. 374.
  12. ↑ Najafī, Jawāhir al-kalām, Tehran, vol. 41, p. 387.
  13. ↑ Najafī, Jawāhir al-kalām, Tehran, vol. 41, p. 647.
  14. ↑ Najafī, Jawāhir al-kalām, Tehran, vol. 18, pp. 308, 317.
  15. ↑ Baḥrānī, al-Ḥadāʾiq al-nāḍira, Qom, vol. 13, p. 129.
  16. ↑ Najafī, Jawāhir al-kalām, Tehran, vol. 29, pp. 414–416.
  17. ↑ al-Khūʾī, Mabānī l-ʿUrwa (al-Nikāḥ), 1407 AH, vol. 1, p. 254.
  18. ↑ Yazdī, al-ʿUrwat al-wuthqā, 1409 AH, vol. 1, p. 339.
  19. ↑ Khumaynī, Taḥrīr al-wasīla, 1368 Sh, vol. 2, pp. 432–436.

References

  • Baḥrānī, Yūsuf b. Aḥmad. al-Ḥadāʾiq al-nāḍira fī aḥkām al-ʿitrat al-ṭāhira. Qom: Muʾassasat al-Nashr al-Islāmī, 1405–1409 AH.
  • Gharawī Tabrīzī, ʿAlī. al-Tanqīḥ fī sharḥ al-ʿUrwat al-wuthqā. Transcripts of the lectures of Abu l-Qasim al-Khu'i. Qom: Dār al-Hādī, 1410 AH.
  • al-Ḥakīm, Muḥsin. Mustamsak al-ʿUrwat al-wuthqā. Qom: Library of Ayatollah Mar'ashi Najafi, 1388–1391 AH.
  • al-Ḥurr al-ʿĀmilī, Muḥammad b. Ḥasan. Tafṣīl wasāʾil al-shīʿa ilā taḥṣīl masāʾil al-sharīʿa. Qom: Muʾassasat Āl al-Bayt (a) li-Iḥyāʾ al-Turāth, 1414 AH.
  • al-Khūʾī, Muḥammad Taqī. Mabānī l-ʿUrwat al-wuthqā (al-Nikāḥ). Transcripts of the lectures of Abu l-Qasim al-Khu'i. Qom: Nashr-i Lutfi and Dār al-Hādī, 1407 AH.
  • Khumaynī, Sayyid Rūḥ Allāh. Taḥrīr al-wasīla. Tehran: Institute for the Compilation and Publication of Imam Khomeini's Works, 1368 Sh.
  • Muṣṭafawī, Sayyid Ḥasan. al-Taḥqīq fī kalimāt al-Qurʾān. Tehran: Ministry of Culture and Islamic Guidance, first edition, 1368 Sh.
  • Najafī, Muḥammad Ḥasan. Jawāhir al-kalām fī sharḥ sharāʾiʿ al-islām. Tehran: Dār al-Kutub al-Islāmiyya, 1362–1369 Sh.
  • Yazdī, Sayyid Muḥammad Kāẓim. al-ʿUrwat al-wuthqā. Beirut: Muʾassasat al-Aʿlamī li-l-Maṭbūʿāt, second edition, 1409 AH.
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