Islam and Bestiality
This article discusses bestiality in relation to the religion of Islam and its adherents.
Contents
Definitions
Word Origin & History
World English Dictionary
1. bestial behaviour, character, or action
2. sexual activity between a person and an animal[4][3]Medical Dictionary
Function: n
pl -ties ; : sexual relations between a human being and a lower animal[5][3]Legal status in the Western world
Western society is often accused by Muslims of making allowances for behavior which they deem as "immoral". This regularly includes the accusation of permitting zoophilia, so it would be instructive for us to give a brief summary of its legal status in countries which are considered "Western".
Legal Dictionary
Function: noun
: the crime of engaging in sexual relations with an animal —see also CRIME AGAINST NATURE[6][3]United Kingdom
Note that the U.K. originally handed out a life sentence, but in 2003 this was reduced to a maximum of 2 years imprisonment.
(1) A person commits an offence if—
- (a) he intentionally performs an act of penetration with his penis,
- (b) what is penetrated is the vagina or anus of a living animal, and
- (c) he knows that, or is reckless as to whether, that is what is penetrated.
(2) A person (A) commits an offence if—
- (a) A intentionally causes, or allows, A’s vagina or anus to be penetrated,
- (b) the penetration is by the penis of a living animal, and
- (c) A knows that, or is reckless as to whether, that is what A is being penetrated by.
(3) A person guilty of an offence under this section is liable—
- (a) on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
- (b) on conviction on indictment, to imprisonment for a term not exceeding 2 years.
Sexual Offences Act 2003
legislation.gov.uk, 2003 c. 42 > Part 1 > Other offences > Section 69
United States
| States with Felony Statutes | States with Misdemeanor Statutes |
|---|---|
| AZ – AZ ST 13-1411 (F) | AR - AR ST § 5-14-122 (M) |
| DE – DE ST T. 11 § 777 (F) | CA – Cal. Penal Code 286.5 (M) |
| GA – GA ST 16-6-6 (F) | IA – IA ST 717C.1 (M) |
| ID – ID ST 18-6605 (F) | MD – MD CRIM LAW CODE ANN 3-322 (M) |
| IL – 720 ILCS 5/12-35 (F) | ME – 17 MRSA § 1031 (CLASS D CRIME - M) |
| IN – IN ST 35-46-3-14 (F) | MN – MN ST 609.294 (M) |
| KS – KS ST 21-3505 (F) - Repealed by 2010 Kansas Laws Ch. 136 (H.B. 2668). | MO – MO ST 566.111(6) (M) |
| MA – MASS GEN LAW CH 272 § 34 (F) | NE – NE ST 28-1010 (M) |
| MI – MCL 750.158 (F) | NY – NY PENAL LAW 130.20 (M) |
| MS – MS ST 97-29-59 (F) | ND – ND ST 12.1-20-12 – not defined as contact with an animal but listed by one law review as a bestiality law (not on website) |
| OK – Okla. Stat. Tit. 21 § 886 (F) | OR – OR ST 167.333 (M) |
| RI – RI GEN LAWS 11-10-1 (F) | PA – 18 PaCSA 3129 (M) |
| SC – SC ST 16-15-120 (F) | UT – UT ST 76-9-301.8 (M) |
| SD – SD ST 22-22-42 (F) | WI – WI ST 944.17 (M) |
| VA – VA ST 18.2-361 (F) | |
| WA – WA ST 16.52.205 (F) | [7] |
New Zealand
Sexual crimes:
143. Bestiality—
(1)Every one is liable to imprisonment for a term not exceeding 7 years who commits bestiality.
(2)This offence is complete upon penetration.
Compare: 1908 No 32 s 153; 1941 No 10 Schedule
144. Indecency with animal—
Every one is liable to imprisonment for a term not exceeding 3 years who commits any act of indecency with an animal.legislation.govt.nz, No 43 > Part 7 > Sexual crimes > Section 143
Non-Islamic Abrahamic religions
From non-Islamic Abrahamic religious scriptures, it is easy to see that bestiality is considered immoral.
There are other passages within the Torah/Old Testament which call for the death penalty to be inflicted. This is harsh but that does not concern us. What concerns us is the fact that non-Islamic Abrahamic religions strictly forbid sexual acts between humans and other species, and so do secular western laws in general. Therefore the claim that the West "allows men to have sex with animals" is proven to be false.
Pedophilia and Bestiality
Some may lump together homosexuality and bestiality as both constituting "sexual immorality". However, there is a crucial difference between the two. A homosexual act takes place between two consenting adults, but an animal cannot give its consent.
In this sense, bestiality is akin to pedophilia, something which Islam unashamedly permits. Indeed bestiality is viewed by many in the West as animal abuse.
Interestingly, one study has found that children who have been subjected to sexual abuse are more likely than non-abused children to partake in bestiality.
Caregivers of 1,114 children ages 2–12 who had not been abused and caregivers of 512 sexually abused children in the same age range reported on a variety of sexual or sexualized behaviors in the children, including whether the child "touches animals’ sex parts." (Note: The reporting caregivers of the sexually abused children were not the perpetrators of the abuse.) The children were divided into three age groups: ages 2–5, 6–9, and 10–12. The queried behavior was relatively infrequent, but it was clear that in the two older groups, sexually abused children were more likely to display the behavior than nonabused children.
Although the behavior appears to decline among sexually abused 10- to 12-year-olds, one might speculate that the decrease is accounted for, in part, by a greater secretiveness in older children in acting out sexually with animals. The decrease may also be related to older children’s transferring their inappropriate sexual activity from animal to human victims.
Further evidence for the relation between sexual abuse victimization and bestiality is provided by Wherry and colleagues (1995). They administered the CSBI to caretakers of 24 boys ages 6–12 who were psychiatric inpatients. Eight of these boys had been sexually abused. "Touches animals’ sex parts" was reported for 50 percent of abused boys but none of nonabused boys (p<0.01).The NPOAA Review
In the Islamic world
Afghanistan
In a society where homosexuals and adulterers are stoned to death for "sexual immorality" you would expect a similar outcome for someone caught having sex with an animal. Surprisingly this is not the case.
The soldier was discovered with the donkey in an abandoned house in a small village of Gardez, the capital of Paktia province, last week, a local police officer said.
"He was caught in the act by a small boy who immediately told police about what he had seen and police arrested him in action," the Gardez-based officer told AFP, requesting anonymity.
The soldier claimed he committed the act because he did not have enough money to get married.
After being caught with the donkey in a village about 100km south of the capital Kabul, he was jailed for four days and then released without charge.
According to tradition in south and southeastern Afghanistan, a suitor must pay around $US5,000 ($A6,800) to the parents of the girl he wishes to marry.The Age, March 16, 2004
Could it be that the soldier was released without charge because there is nothing in the Qur'an that prohibits bestiality?
Palestine
In 1923, the Director of Health in the British Mandate government in Palestine sent out a questionnaire to his Principal Medical and Health Officers in the country, asking them to report on various sexual practices and attitudes among the Muslim Arab population.
As a result, the British discovered that the Muslim Arabs engaged in bestiality.
Ellen L. Fleischmann, Jerusalem Quarterly File, Issue 10, 2000
Pakistan
In Southern Punjab, Khyber Pakhtunkhwa, Sindh and Balochistan, sex with animals is a common practice among rural youths and considered a rite of passage into adulthood.
Ishtiaq Ahmed (associate professor of political science at Stockholm University), Daily Times, June 27, 2006
In June 2011, a male who was caught having sex with another man's donkey was fined Rs 50,000. This fine was not imposed for having sex with an animal, but for committing adultery. The raped donkey was labelled a 'kari' (an adultress) and eventually honor killed by its owner.
The reports said that in Village Ghahi Khan Jatoi, a villager Ghazi Khan alias Malang shot dead his donkey on being ‘Kari’ with Sikandar Ali alias Deedo. He attempted to kill Sikander too but the alleged Karo managed to escape and surrendered himself to an influential person of the area.
Sources said the influential person summoned both the parties and imposed 110,000 rupees fine on the Karo. They said Sikander and his family were forced to pay Rs 50,000 on the spot and the remaining amount in two installments.
The sources added that the alleged Karo pleaded innocence at the Jirga, but the Jirga members paid no attention to it. Sikander’s family said he paid Rs 50,000 to save his life otherwise he would have been killed.The News International, July 19, 2011
Pakistan ranks number 1 for such varied search terms as "child sex," "rape sex," "animal sex," "camel sex," "donkey sex," "dog sex," and "horse sex".
. . .
Google ranks Pakistan No. 1 in the world in searches for pornographic terms, outranking every other country in the world in searches per person for certain sex-related content.
Pakistan is top dog in searches per-person for "horse sex" since 2004, "donkey sex" since 2007, "rape pictures" between 2004 and 2009, "rape sex" since 2004, "child sex" between 2004 and 2007 and since 2009, "animal sex" since 2004 and "dog sex" since 2005, according to Google Trends and Google Insights, features of Google that generate data based on popular search terms.
The country also is tops -- or has been No. 1 -- in searches for "sex," "camel sex," "rape video," "child sex video" and some other searches that can't be printed here.Kelli Morgan, Fox News, July 13, 2010
Pakistani Muslims are not alone in their search for porn.
Khalid Hasan, Daily Times, May 17, 2006
Here are the Muslim countries and how they placed in the top five world ranking of various bestiality-related internet search terms:[8]
Pig Sex: Pakistan (No. 1) Egypt (No. 2) Saudi Arabia (No. 3)
Donkey Sex: Pakistan (No. 1) Iran (No. 3) Saudi Arabia (No. 4)
Dog Sex: Pakistan (No. 1) Saudi Arabia (No. 3)
Cat Sex: Pakistan (No. 1) Iran (No. 2) Egypt (No. 3) Saudi Arabia (No. 4)
Horse Sex: Pakistan (No. 1) Turkey (No. 3)
Cow Sex: Pakistan (No. 1) Iran (No. 2) Saudi Arabia (No. 4)
Goat Sex: Pakistan (No. 1)
Animal Sex: Pakistan (No. 1) Morocco (No. 2) Iran (No. 4) Egypt (No. 5)
Snake Sex: Pakistan (No. 1) Malaysia (No. 3) Indonesia (No. 4) Egypt (No. 5)
Monkey Sex: Pakistan (No. 1) Indonesia (No. 3) Malaysia (No. 4)
Bear Sex: Pakistan (No. 1) Saudi Arabia (No. 2)
Elephant Sex: Pakistan (No. 1) Egypt (No. 3) United Arab Emirates (No. 4) Malaysia (No. 5)
Fox Sex: Saudi Arabia (No. 1) Turkey (No. 4)
Middle East
Bestiality is common among boys of tribal Arab cultures.
Serving History
There is also a certain saying which remains popular among the Arabs:
Sudan
In February 2006, a man caught having sex with a neighbor's goat was not punished, but ordered by the council of elders to pay the neighbor a dowry of 15,000 Sudanese dinars ($50) and marry the animal because he "used it as his wife".
The goat's owner, Mr Alifi, said he surprised the man with his goat and took him to a council of elders.
They ordered the man, Mr Tombe, to pay a dowry of 15,000 Sudanese dinars ($50) to Mr Alifi.
"We have given him the goat, and as far as we know they are still together," Mr Alifi said.BBC News, February 24,2006
Morocco
Morocco is an Islamic country, with 98.7% of the population Muslims.[10] The following is taken from a paper on sexuality in Morocco written by Nadia Kadiri, M.D., and Abderrazak Moussaïd, M.D., with Abdelkrim Tirraf, M.D., and Abdallah Jadid, M.D. Translated by Raymond J. Noonan, Ph.D., and Sandra Almeida.[11]
The operative phrase is ‘obligatory passage in the adolescent male’s apprenticeship of sexuality’. Obligatory. It means in rural Morocco, Muslim males must have sexual intercourse with animals as part of their sexual apprenticeship.
Also according to the scholars Allen Edwardes and Robert Masters, Ph.D, FAACS, the Muslims of Morocco believe that sexual intercourse with donkeys "make the penis grow big and strong" and masturbation is often scorned by them in favor of bestiality.[12]
Islamic Scripture
The above paper does also say "it is prohibited without question by the Shariâ". But is this alleged prohibition within the Shari'ah extracted (as it must be) from the Qur'an and Hadith, or has this fiqh been derived using external non-Islamic sources?
Qur'an
In contrast with what secular and non-Islamic religious sources say about bestiality, this is what the Qur'an has to say on the subject:
That's right - absolutely, positively nothing. Unlike the Qur'an's clear-cut rulings on the morality of homosexuality, Polygamy, rape, and pedophilia, the permissibility of bestiality seems to have been left open to ‘interpretation.’
If Islamic teachings were truly opposed to such a practice, then this omission is somewhat surprising when you consider that, historically, bestiality was indigenously accepted in the Middle-East.[13]
Hadith
There is no prohibition against bestiality to be found within the two Sahihs. The following hadith is taken from the Sunnah Abu-Dawud collection, not Bukari or Muslim.
The very next hadith states:
This is a clear contradiction. How can one hadith say kill the person committing bestiality, and the very next one say there is no prescribed punishment for the same person? Both statements cannot be true.
Furthermore, these two contradictory hadiths (transmitted through different isnad) have been attributed to the same person. Abu Dawud himself had said the former of the two hadith is "not strong" and the latter further "weakens" it.[14]
From the above, we can gather that Robert Masters had correctly stated, "bestiality was not specifically prohibited by the Prophet,"[9] so there is little wonder that apologists generally shy away from mentioning 38:4449 in their pronouncements on bestiality.
Sahih Hadith
There is no prohibition against bestiality to be found within the two Sahihs. However there does exist a certain hadith and commentary by the renowned Islamic scholar al-Nawawi, which is of interest.
The following narration does not exist in the English translations of Sahih Muslim, but a similar (but sanitized version) appears in: Sahih Muslim 3:684
و حدثني زهير بن حرب وأبو غسان المسمعي ح و حدثناه محمد بن المثنى وابن بشار قالوا حدثنا معاذ بن هشام قال حدثني أبي عن قتادة ومطر عن الحسن عن أبي رافع عن أبي هريرة أن نبي الله صلى الله عليه وسلم قال إذا جلس بين شعبها الأربع ثم جهدها فقد وجب عليه الغسل
وفي حديث مطر وإن لم ينزل قال زهير من بينهم بين أشعبها الأربع حدثنا محمد بن عمرو بن عباد بن جبلة حدثنا محمد بن أبي عدي ح و حدثنا محمد بن المثنى حدثني وهب بن جرير كلاهما عن شعبة عن قتادة بهذا الإسناد مثله غير أن في حديث شعبة ثم اجتهد ولم يقل وإن لم ينزل Narrated by Zuhair Ibn Harb, narrated by Ghasan Al-Masma’i, narrated by Muhammad Ibn Al-Mathny, narrated by Ibn Bashar, who said that it was narrated by Muath Ibn Hisham, narrated by Abu Qatada, narrated by Mattar, narrated by Al-Hassan, narrated by Abu Rab’i, narrated by Abu Huraira who said:
"The prophet – peace be upon him – said, ‘If one sits between a woman’s four parts (shu’biha Al-arba’) and then fatigues her, then it necessitates that he wash.’
In the hadith of Mattar it is added ‘even if he does not ejaculate (yunzil).’ Zuhair narrated among them using the phrase ‘Ashba’iha Al-arba’. It was also narrated by Muhammad Ibn Umar Ibn Ibad Ibn Jablah, narrated Muhammad Ibn Abi Uday, narrated by Muhammad Ibn Al-Mathny, narrated by Wahb Ibn Jarir who both related from Shu’bah who narrated from Qatada who gave this same chain of transmission, except that in the hadith of Shu’bah it has the phrase ‘then he labored’ but did not have the phrase ‘even if he does not ejaculate.’Imam al-Nawawi (1234 – 1278 AD)
Below is a short bio of al-Nawawi, whose commentary of Sahih Muslim is second only to Ibn Hajar's commentary of Sahih Bukhari.[15]
Imam Nawawi died at the young age of 44 years, leaving behind him numerous works of great importance, the most famous of these being:
- al-Arba'un Nabawi (An-Nawawis Forty Hadith)
- Riyadhus saleheen
- al-Maqasid (Al-Nawawi's Manual of Islam).
- Kitab al-Adhkar,
- Minhaj al-Talibin (a main reference for Shafi'i fiqh)
- Shar' Sahih Muslim (he was the first to arrange the sahih of Muslim in the now familiar categories)
Commentary
صحيح مسلم بشرح النووي قَوْله : ( أَبُو غَسَّان الْمِسْمَعِيّ ) هُوَ بِفَتْحِ الْغَيْن الْمُعْجَمَة وَتَشْدِيد السِّين الْمُهْمَلَة , وَيَجُوز صَرْفه وَتَرْكُ صَرْفه . وَالْمِسْمَعِيّ بِكَسْرِ الْمِيم الْأُولَى وَفَتْح الثَّانِي , وَاسْمه مَالِك بْن عَبْد الْوَاحِد , وَقَدْ تَقَدَّمَ بَيَانه مَرَّات , لَكِنِّي أُنَبِّه عَلَيْهِ وَعَلَى مِثْله لِطُولِ الْعَهْد بِهِ , كَمَا شَرَطْتهُ فِي الْخُطْبَة .
قَوْله : ( أَبُو رَافِع عَنْ أَبِي هُرَيْرَة ) اِسْم أَبِي رَافِع : ( نُفَيْع ) وَقَدْ تَقَدَّمَ أَيْضًا . قَوْله صَلَّى اللَّه عَلَيْهِ وَسَلَّمَ : ( إِذَا قَعَدَ بَيْن شُعَبهَا الْأَرْبَع ثُمَّ جَهَدهَا ) وَفِي رِوَايَة ( أَشْعُبهَا ) اِخْتَلَفَ الْعُلَمَاء فِي الْمُرَاد بِالشُّعَبِ الْأَرْبَع , فَقِيلَ : هِيَ الْيَدَانِ وَالرِّجْلَانِ , وَقِيلَ : الرِّجْلَانِ وَالْفَخِذَانِ , وَقِيلَ : الرِّجْلَانِ وَالشَّفْرَانِ , وَاخْتَارَ الْقَاضِي عِيَاض أَنَّ الْمُرَاد شُعَب الْفَرْج الْأَرْبَع , وَالشُّعَب النَّوَاحِي وَاحِدَتهَا شُعْبَة , وَأَمَّا مَنْ قَالَ : ( أَشْعُبِهَا ) , فَهُوَ جَمْع شُعَب . وَمَعْنَى ( جَهَدَهَا ) حَفَرَهَا كَذَا قَالَهُ الْخَطَّابِيُّ وَقَالَ غَيْره : بَلَغَ مَشَقَّتهَا , يُقَال : جَهِدْته وَأَجْهَدْته بَلَغْت مَشَقَّته , قَالَ الْقَاضِي عِيَاض رَحِمَهُ اللَّه تَعَالَى : الْأَوْلَى أَنْ يَكُون جَهَدَهَا بِمَعْنَى بَلَغَ جَهْده فِي الْعَمَل فِيهَا , وَالْجَهْد الطَّاقَة , وَهُوَ إِشَارَة إِلَى الْحَرَكَة وَتَمَكُّن صُورَة الْعَمَل , وَهُوَ نَحْو قَوْله مِنْ حَفَرَهَا أَيْ كَدّهَا بِحَرَكَتِهِ . وَإِلَّا فَأَيّ مَشَقَّة بَلَغَ بِهَا فِي ذَلِكَ . وَاللَّهُ أَعْلَم . وَمَعْنَى الْحَدِيث أَنَّ إِيجَاب الْغُسْل لَا يَتَوَقَّف عَلَى نُزُول الْمَنِيّ بَلْ مَتَى غَابَتْ الْحَشَفَة فِي الْفَرْج وَجَبَ الْغُسْل عَلَى الرَّجُل وَالْمَرْأَة , وَهَذَا لَا خِلَاف فِيهِ الْيَوْم , وَقَدْ كَانَ فِيهِ خِلَاف لِبَعْضِ الصَّحَابَة وَمَنْ بَعْدهمْ , ثُمَّ اِنْعَقَدَ الْإِجْمَاع عَلَى مَا ذَكَرْنَاهُ , وَقَدْ تَقَدَّمَ بَيَان هَذَا . قَالَ أَصْحَابنَا : وَلَوْ غَيَّبَ الْحَشَفَة فِي دُبُر اِمْرَأَة , أَوْ دُبُر رَجُل , أَوْ فَرْج بَهِيمَة , أَوْ دُبُرهَا , وَجَبَ الْغُسْل سَوَاء كَانَ الْمَوْلَج فِيهِ حَيًّا أَوْ مَيِّتًا , صَغِيرًا أَوْ كَبِيرًا , وَسَوَاء كَانَ ذَلِكَ عَنْ قَصْد أَمْ عَنْ نِسْيَان , وَسَوَاء كَانَ مُخْتَارًا أَوْ مُكْرَهًا , أَوْ اسْتَدْخَلَت الْمَرْأَة ذَكَرَهُ وَهُوَ نَائِم , وَسَوَاء اِنْتَشَرَ الذَّكَر أَمْ لَا , وَسَوَاء كَانَ مَخْتُونًا أَمْ أَغْلَف , فَيَجِب الْغُسْل فِي كُلّ هَذِهِ الصُّوَر عَلَى الْفَاعِل وَالْمَفْعُول بِهِ إِلَّا إِذَا كَانَ الْفَاعِل أَوْ الْمَفْعُول بِهِ صَبِيًّا أَوْ صَبِيَّة فَإِنَّهُ لَا يُقَال وَجَبَ عَلَيْهِ لِأَنَّهُ لَيْسَ مُكَلَّفًا , وَلَكِنْ يُقَال صَارَ جُنُبًا فَإِنْ كَانَ مُمَيِّزًا وَجَبَ عَلَى الْوَلِيّ أَنْ يَأْمُرهُ بِالْغُسْلِ كَمَا يَأْمُرهُ بِالْوُضُوءِ , فَإِنْ صَلَّى مِنْ غَيْر غُسْلٍ لَمْ تَصِحّ صَلَاته , وَإِنْ لَمْ يَغْتَسِل حَتَّى بَلَغَ وَجَبَ عَلَيْهِ الْغُسْل , وَإِنْ اِغْتَسَلَ فِي الصِّبَى ثُمَّ بَلَغَ لَمْ يَلْزَمهُ إِعَادَة الْغُسْل . قَالَ أَصْحَابنَا : وَالِاعْتِبَار فِي الْجِمَاع بِتَغْيِيبِ الْحَشَفَة مِنْ صَحِيح الذَّكَر بِالِاتِّفَاقِ , فَإِذَا غَيَّبَهَا بِكَمَالِهَا تَعَلَّقَتْ بِهِ جَمِيع الْأَحْكَام , وَلَا يُشْتَرَط تَغْيِيب جَمِيع الذَّكَر بِالِاتِّفَاقِ . وَلَوْ غَيَّبَ بَعْض الْحَشَفَة لَا يَتَعَلَّق بِهِ شَيْء مِنْ الْأَحْكَام بِالِاتِّفَاقِ إِلَّا وَجْهًا شَاذًّا ذَكَرَهُ بَعْض أَصْحَابنَا أَنَّ حُكْمه حُكْم جَمِيعهَا , وَهَذَا الْوَجْه غَلَط مُنْكَر مَتْرُوك , وَأَمَّا إِذَا كَانَ الذَّكَر مَقْطُوعًا فَإِنْ بَقِيَ مِنْهُ دُون الْحَشَفَة لَمْ يَتَعَلَّق بِهِ شَيْء مِنْ الْأَحْكَام , وَإِنْ كَانَ الْبَاقِي قَدْر الْحَشَفَة فَحَسْب تَعَلَّقَتْ الْأَحْكَام بِتَغْيِيبِهِ بِكَمَالِهِ , وَإِنْ كَانَ زَائِدًا عَلَى قَدْر الْحَشَفَة فَفِيهِ وَجْهَانِ مَشْهُورَانِ لِأَصْحَابِنَا أَصَحّهمَا أَنَّ الْأَحْكَام تَتَعَلَّق بِقَدْرِ الْحَشَفَة مِنْهُ , وَالثَّانِي لَا يَتَعَلَّق شَيْء مِنْ الْأَحْكَام إِلَّا بِتَغْيِيبِ جَمِيع الْبَاقِي . وَاللَّهُ أَعْلَم . وَلَوْ لَفَّ عَلَى ذَكَرِهِ خِرْقَة وَأَوْلَجَهُ فِي فَرْج اِمْرَأَة فَفِيهِ ثَلَاثَة أَوْجُه لِأَصْحَابِنَا مِنْهَا وَالْمَشْهُور أَنَّهُ يَجِب عَلَيْهِمَا الْغُسْل , وَالثَّانِي لَا يَجِب لِأَنَّهُ أَوْلَجَ فِي خِرْقَة , وَالثَّالِث إِنْ كَانَتْ الْخِرْقَة غَلِيظَة تَمْنَع وُصُول اللَّذَّة وَالرُّطُوبَة لَمْ يَجِب الْغُسْل . وَإِلَّا وَجَبَ . وَاللَّهُ أَعْلَم . وَلَوْ اسْتَدْخَلَت الْمَرْأَة ذَكَرَ بَهِيمَة وَجَبَ عَلَيْهَا الْغُسْل , وَلَوْ اسْتَدْخَلَت ذَكَرًا مَقْطُوعًا فَوَجْهَانِ أَصَحّهمَا يَجِب عَلَيْهَا الْغُسْل
Commentary of Imam Al-Nawawi on the Hadith
The saying of the prophet – peace be upon him- ‘When he sits between a her fours parts) mostly its home animal (shu’biha Al-arba) and has intercourse with her then fatigues her’
In another narration the word ‘Ashu’biha’ is used. The scholars have disagreed about the intended meaning of ‘shu’biha Al-arba’ (the fours) for some said that it means the arms and the legs, while others have said that it refers to the legs and thighs, and other said it means the legs and the edge of the pubic area. Al-Qadi Ayad chose the meaning of the four areas surrounding the vagina. The word (Shu’b) means areas, its singular form being (Shu’bah). As for those who say (Ashba’iha) that is the plural of the word (Shu’b).
The word Aj-hada-ha (fatigue her) means to plow her, which was also stated by Al-Khatabi. Others have said it means to make her reach exhaustion as in the phrase ‘she made him toil and labor till he was exhausted’. Al-Qadi Ayad – may Allah rest his soul- said ‘Primarily, the word (Jahada’ha) means that the man exerted his effort working in a woman, where the word (Juh’d) means energy and refers to motion by describing the type of work. This is similar to his (the prophet) saying ‘he who plowed her’ meaning he who penetrated her by his motion. Otherwise, what other fatigue could a man experience because of her, and Allah knows best.
The meaning of the hadith is that the necessity to wash is not limited to when semen is ejaculated, rather it is when the penile head (Hash-fa, lit. “the head of the male member,” i.e. head of the penis) penetrates the vagina, then it is necessary for the man and the woman to wash. There is no disagreement on this today, even though there was disagreement on this by some of the early companions and others later. However, an agreement was later reached and this is what we have shown and presented previously.
Our companions have said that if the penile head has penetrated a woman's anus, or a man's anus, or an animal's vagina or its anus then it is necessary to wash whether the one being penetrated is alive or dead, young or old, whether it was done intentionally or absentmindedly, whether it was done willfully or forcefully. This also applies if the woman places the male member inside her while the man is asleep, whether the penis is erect or not, whether the penis is circumcised or uncircumcised. All these situations require that the person committing the act and the one the act is committed on must wash themselves, unless the person committing the act or the person the act is committed on is a young male or female. In that case it cannot be said that the person must wash, for they do not have the responsibility, rather it is said that this person is in a state of impurity. If that person can discern (the sexual act) then his guardian can command him to wash just as he commands him to perform the ablution washing for prayers. For if he prays without washing, his prayer has not been performed correctly; likewise if he doesn’t wash after he reaches puberty he must be forced to wash. If he washed as a youth and then reaches puberty, then he does not have to repeat the washing.
Our companions have said that intercourse occurs when a healthy male’s penile head completely penetrates (an orifice), as has been unanimously agreed. Thus, when the penile head has completely disappeared (inside the orifice), then all the regulations concerning washing apply. It is unanimously agreed that it is not necessary that the entire penile shaft penetrate to apply the regulations of washing. If part of the penile head penetrates, then the regulations of washing are not imposed as is agreed, except by an odd few of our companions who said that even in this case all the regulations of washing apply. However, this opinion is wrong, rejected and abandoned. If the male member was severed and what remained was less than the length of the penile head, then none of the washing regulations apply. If the part remaining was equal in length to the penile head length then that part must completely penetrate for the regulation of washing to apply. If the part remaining was greater in length to the penile head length then there are two famous opinions for our companions. The most correct is that if the portion that penetrates is equal to the length of the penile head, then the regulations for washing apply. The other opinion is that none of the regulations for washing apply until the entire remaining length of the penile shaft completely penetrates and Allah knows best.
If a man wraps a sheath around his male member and then ejaculates inside a woman’s vagina, then there are three opinions from our companions. The most famous is that the man must wash. The second is that he does not have to wash because he ejaculated inside the sheath. The third is that if the sheath is thick and prevents climax and wetness (in the vagina) then washing is not necessary, otherwise it is necessary and Allah knows best.
Islamic scholars
Some Sunni Islamic scholars have ruled that bestiality does not invalidate the hajj or ones fast.
"If he had sexual intercourse with an animal, that will not make his hajj void"
Others have said it is halal.
al-Uzma Seyyid Ali al-Sistani
Conclusion
From all of the above, we can certainly see that, unlike the West, Islamic societies do not universally harbor negative attitudes towards bestiality. Many Muslims seek out gratification or are indifferent to this perversion, and in some cases it is even openly promoted and made obligatory.
This is all in stark contrast with their attitudes towards homosexuality and their allowance of pedophilia. Therefore to claim that the West without the guidance of Islam has allowed bestiality is not only false, but hypocritical when you consider that this perversion, alongside pedophilia, is left largely unhindered by the Islamic clerisy in their societies and runs rampant among followers of Islam.
Aside from their own embarrassment, we can also see that there is little basis for any Shari'ah prohibition of bestiality/zoophilia as the Qur'an and the Sahih Hadiths (Bukhari and Muslim) do not prohibit this unnatural practice, furthermore the references we have examined outside of the two Sahihs are considered weak.
See Also
- Animals - A hub page that leads to other articles related to Animals
- Pedophilia in the Qur'an
External Links
- The Quran’s Confused Stance on Sexual Ethics - Answering Islam
- Sex with animals in ISLAM - Bestiality perversion and zoofilia (Videos)
References
- ↑ Kelli Morgan - No. 1 Nation in Sexy Web Searches? Call it Pornistan - Fox News, July 13, 2010
- ↑ Online Etymology Dictionary, © 2010 Douglas Harper
- ↑ 3.0 3.1 3.2 3.3 Bestiality - Dictionary.com
- ↑ Collins English Dictionary - Complete & Unabridged 10th Edition 2009
- ↑ Merriam-Webster's Medical Dictionary, © 2007 Merriam-Webster, Inc.
- ↑ Merriam-Webster's Dictionary of Law, © 1996 Merriam-Webster, Inc.
- ↑ Rebecca F. Wisch - Overview of State Bestiality Laws - Animal Legal & Historical Center, 2008 (updated 2010)
- ↑ Watcher - Pakistan: Muslims Are Sex-Starved Surfers, With Bestial Interests - Eye On The World, May 18, 2006
- ↑ 9.0 9.1 Robert E.L. Masters - Forbidden Sexual Behavior and Morality - The Julian Press, 1st edition 1966,
- ↑ Africa :: Morocco - The online Factbook
- ↑ Read the full text here.
- ↑ Allen Edwardes and R.E.L. Masters - Cradle of Erotica (pp. 223-224) - Bantam Paperback; New Ed edition (1977), ISBN 0553103016
- ↑ Judith Worell - Encyclopedia of women and gender: Volume 1 (p. 298) - Academic Press; 1 edition, September 27, 2001, ISBN 9780122272455
- ↑ Dr. Ahmad Shafaat, "Ahadith About Rajm", Islamic Perspectives, March 6, 2005 (archived), http://www.islamicperspectives.com/Stoning5.htm.
- ↑ ON TASAWWUF Imam Nawawi (d. 676) - Sunnah.org
