Copulation: Difference between revisions

In fiqh, copulation is referred to by titles such as "jima", "muwaqa'a", "waty", and "dukhul", which refer to the sexual intercourse of a human being with another human being or with an animal. The [[religious rulings|rulings]] of copulation are discussed in many parts of "fiqh", such as [[purity]], [[fasting]], [[i'tikaf]], [[hajj]], [[marriage]], [[divorce]], [[zihar]], [[ila']] and [[hudud]].<ref>Shāhrūdī, ''Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt'', vol. 1, p. 161.</ref> Of course, these rulings are specific to the copulation in which penetration of the penis has occurred – at least to the size of circumcision.

The copulation between a man and a woman, under the assumption that the religious requirements for copulation have been fulfilled, is called "suspicious copulation" or, in fiqh terminology, "waty by suspicion" (sexual intercourse by mistake), like when a man mistakenly copulates with a woman he thinks is his wife.

According to the fatwa of the jurists, there is no [[hadd]] (prescribed punishment) for suspicious copulation. Also, in it, the woman must wait the [['idda]] period, and she is entitled to receive the [[dowry]]. Of course, according to the [[author of Jawahir]], if the mistake is only on the part of the man, that is, if the woman knows that she is not [[mahram]] with him, then she is not entitled to receive "mahr al-mithl'' (normal dowry).

Copulation that takes place without the realization of religious requirements and is done knowingly and voluntarily is called [[forbidden]] copulation. Some examples of forbidden copulation are [[adultery]], [[lawat]], [[musahaqa]], copulation with an animal, and copulation during periods such as [[menstruation]], [[nifas]], [[fasting]], and [[ihram]].

According to the [[fatwa]] of the jurists, copulation, whether on the front or in the back, causes [[janaba]]. Copulation between two men and with animals also causes "janaba". Copulation and becoming "junub" has [[religious rulings|rulings]]; among them, it is [[forbidden]] to touch the words of the [[Qur'an]], the name of God, and the names of [[Imams (a)]], staying in a [[mosque]] and reading the [[sura|suras]] of the Qur’an that require [[obligatory prostration]]. A person who has had copulation, if he has penetrated at least to the size of circumcision, must perform [[ghusl al-janaba]] for performing [[prayer|daily prayers]] and [[fasting]].

According to the [[fatwa]] of [[marja'|maraji']], the rulings of copulation are incumbent when the penetration is at least to the size of circumcision. Some of the rulings of copulation quoted from the books of [[fiqh]] are as follows:

*It is [[forbidden]] to abstain from copulation for more than four months in a permanent [[marriage]].

*Copulation with an animal is forbidden and demands [[ta'zir]] punishment.

*Copulation with a woman who has not reached the age of [[puberty]] is forbidden.

*Copulation between two men, which is called [[lawat]], and copulation between two women, which is called "suhq" ([[musahaqa]]), are forbidden and demand prescribed punishments.

*If a man copulates with another man, it becomes forbidden to marry that man’s mother, sister, or daughter.

*It is permissible to copulate with the wife from behind, but it is strongly [[disliked]].

*Copulation at the beginning, middle, and end of every (lunar) month is disliked, except for the eve of the first day of Ramadan.

*Copulation is [[recommended]] on the eves of [[Monday|Mondays]], [[Tuesday|Tuesdays]], [[Thursday|Thursdays]], and [[Friday|Fridays]] and at noon on Thursdays.

*Copulation at the night and on the day when the moon or the sun is eclipsed, as well as when the sun is setting, when it is rising until sunrise, and after "ihtilam" in sleep is disliked.

*Copulation is disliked for a traveler who has arrived at night.

*Copulation facing and backing the Qibla, and with a full stomach is disliked.

*Copulation with one’s wife causes eternal prohibition of the marriage of the husband (stepfather) with the daughters ([[rabiba]]) and granddaughters of that woman from her former and future husbands.