COMMENT ON THE FATWA (ABOUT MASTURBATION)

An article written by Dr. Abd al-Karim Zaidan in response to a fatwa published on the ruling on masturbation by hand, which the sheikh considered incomplete and did not fulfill the full answer to the questioner, so he published a comment on it, which was published in the Iraqi Islamic Education Magazine in its third issue of its twenty-eighth year issued in Rabi 'al-Awwal 1407 AH / November 1986 AD.

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Written by: Dr. Abdul Karim Zidan

Journal of Islamic Education in number the first published for the year twenty - seventh fatwa an answer to the liquid question, spin this fatwa on the subject of masturbation, and notes on this fatwa - it seems to me - two observations: (first) that the Mufti did not begin his fatwa the advice of liquid necessity for ritual marriage if She fears for herself obstinacy or falling into the forbidden Sharia and the evidence for this advice, (the second) is that the Mufti - may God reward him - did not mention the jurisprudential texts of the sayings of the jurists that contain what is attributed to him in his fatwa .

Our comment on his fatwa relates to these two aspects so that the issue is clear to the honorable readers and so that there is no confusion, ambiguity, confusion, or random speech without evidence or proof, and God says the truth and he is the guide to the straight path .

First note - advice to the questioner :

1) The jurists, may God have mercy on them, said that marriage is obligatory if it is necessary to prevent adultery and not fall into it. Among their sayings are :

  A- It came in al-Mughni by Ibn Qudamah al-Hanbali, may God Almighty have mercy on him: People in marriage have three strikes, among them: He who fears for himself falling into the forbidden is to abandon marriage . .

  B - In Fath al-Bari it came with an explanation of Sahih al-Bukhari by Ibn Hajar al-Asqalani, may God Almighty have mercy on him :

It is well-known on the authority of Ahmad that it is not necessary - that is, to marry - for the one who is able to wait, unless he fears obstinacy. Al-Qurtubi said: The one who fears harm to himself and his religion from celibacy so that it does not rise from him except by marriage does not differ in the necessity of marriage to him .

Ibn Daqiq al-Eid said: Some jurists divided marriage into the five rulings, and made it obligatory if he feared obstinacy, was able to marry, and was not conciliatory. Al-Mazri Al-Maliki said: Obligation - meaning the obligation of marriage - is the right of one who does not stop adultery without it .

  C - In the authentic hadith narrated by Al-Bukhari, Muslim and others: The Prophet said : الشباب (O young men, whoever among you can afford to marry, and whoever is not able, he must fast, for it is his and he came.) Unlike the elderly, although the meaning is considered if the reason is found in the elderly and the elderly as well.) As for what is meant (by the ba'a), Imam Al-Khattabi said it is marriage. And al-Nawawi, may God have mercy on him, said, what is meant by sexual intercourse, so his estimation is: Whoever among you is able to have intercourse because he is unable to provide for the provisions of marriage, then he must fast to pay off his desire and cut off the evil of his semen as it is interrupted by promiscuity - that is, mistakes .

And the significance of this noble hadith is that he orders young people to marry, explaining that it is a blind eye and preserves the vagina, and that this discourse pervades the elderly and elderly if there is in them the caller to marriage - meaning the desire in it - as Ibn Hajar Al-Asqalani said, and we mentioned his saying in the above. This means that this curse is also considered in women, for the woman in whom the caller to marriage - meaning the desire in it - enters into this legal discourse and is ordered to marry if she is able to, so that it is easy for her to close her eyes and reduce her vagina. Moreover, the basic principle in Sharia speeches is the general, meaning that they are general for all of the males and females charged, unless there is evidence for allocation, and there is no evidence here for allocation, because the woman also needs to close her eyes and preserve her vagina, and the way to that is marriage, so she is addressed with it .

2) In the light of what we have mentioned: the Hadith and significance, and the sayings of scholars, the liquid Muslim women to marry, do not refrain from marriage if it came to her man sick we have created, especially as the subsistence of marriage is the husband and not the wife, (Valabah) Any supplies Marriage does not need to be obtained by the woman, because Islamic Sharia obligatory it on the man and not on the woman.

It is not said here that the sayings of the jurists are intended to be men, not women, because we say that the reason for what they said is the necessity of marriage when there is fear of falling into fornication - when the woman is able to supply the supplies of marriage - this reason is fulfilled in the woman also because she has lust, so if she fears for herself obstinacy and falling into Adultery is required for him to marry, because judgments are entrusted with their causes. If the reason for the ruling is fulfilled, the ruling is fulfilled. This one, and the other, is that the basic principle in the legal rulings is general: that is, it includes males and females, unless the evidence for the competence of one of the two types is based on the Sharia ruling. There is no evidence for the man’s competence over the woman for the necessity of marriage to him if he is able to him and fears for his misfortune that he will fall into fornication if he does not marry. Rather, the necessity of marriage for a woman if she fears fornication for herself is easier and more important than the man because the supply of marriage is for the man and not for her, as we said.

3) If it is not possible for the questioning Muslim woman to marry, such as if a suitor did not present to her, or he presented and was not satisfactory according to the Sharia, then what should she do in this case? She must in this case - until she marry - what he guides her in the noble hadith which is (fasting), because it is for her and it came. If it is estimated and that fasting does not stop her desire, or does not preserve her to the required extent, can she do masturbation with the hand? The answer to that is evident from our mention of the sayings of the jurists, may God have mercy on them first, then we explain our opinion on the issue.

The second observation - sayings of the jurists and commentators on masturbation by hand :

4) What was mentioned in the books of interpretation regarding masturbation with the hand :

  A. According to the interpretation of Nasafi in the verse: ((and who guard their chastity (5) only on their spouses or what they possessed their oaths not to blame * It seeks beyond that , they are transgressors.) Said Nasafi God 's mercy :

God Almighty said: “He who sought after that after that” means that he asks for the fulfillment of a desire other than these two - that is, the wife and the king of the oath - (for those are the ones who are the enemy) who are full of aggression. And it contains evidence forbidding pleasure and masturbation by ceasing to desire desire

  B - It says in the interpretation of Ibn Katheer :

Imam Al-Shafi’i, may God have mercy on him, and those who agreed with him, for the prohibition of masturbation with the hand, quoted this noble verse (and those who are in their paradise are preserving ... to the Almighty’s saying: For those are the ones who return ).

  C - It says in the interpretation of Al-Qurtubi :

Muhammad ibn al-Hakam said: I heard the wife of bin Abdul Aziz said: I asked Malik about the man flogging Omairah. Read out this verse: (and who guard their chastity * only on their spouses or what they possessed their oaths not to blame * It seeks beyond that, they are transgressors). This is because they refer to (the remembrance) as (Amira) and the people of Iraq call it (masturbation). And Ahmad bin Hanbal on his piety is permissible and he argues that he excreted some residue from the body, so it is permissible when needed, and its origin is: intent and cupping, and the general jurists say that it is forbidden .

  D- Interpretation of the spirit of meanings by Alusi :

Likewise, he disagreed with the man’s masturbation with his hand, called “Al-Khuddhah” and “Halab Amira”. The body, it is permissible to take it out when needed, such as intending and cupping. And Imam Ibn Al-Hamam - Hanafi Al-Madhab - said that it is forbidden, and if he is overcome by desire, then he does a desire to calm her with him, so it is hoped that he will not be punished. And among the people who prevented it from entering what was mentioned - meaning that masturbation was not allowed to enter with the hand - in the words of the Almighty :

  E - In the interpretation of Al-Razi it says: Crushing women, inflicting dead bodies, and masturbation by hand are not permitted except by discretionary punishment .

5) The sayings of the jurists :

Here we mention some of the sayings of the jurists on the issue of masturbation with the hand as a representation and not as an investigation of all their statements :

A- It was mentioned in Al-Durr Al-Mukhtar, Explanation of Enlightenment of Sight in the Hanafi Fiqh: (But masturbation by cessation, and if he dislikes embarrassment to the hadith (shaking the hand is cursed), and if he fears fornication, he hopes that there will be no curse on him .

B - It came in the durr confused about the durr al-Mukhtar by Ibn Abdin, may God have mercy on him: (If salvation is determined from adultery - that is, masturbation by hand - it is necessary because it is lighter). And in Al-Sarraj: If he wanted by that to calm the excessive desire that occupies the heart, and he was celibate, without a wife, a slave, or a man, but he could not reach her for an excuse, Abu Al-Labath said: I hope that there will be no curse on him. But if he did it to elicit desire, then he is a sinner).

C - It says in the school of thought in Shafi’i jurisprudence :

( And masturbation is prohibited - a father with the hand - because God Almighty said: (And those who do their sexual intercourse are forbidden), except for their husbands or if they do not possess them directly, because they are deprived of their faith. Other than penetration, it is similar to a foreign woman without the vagina ).

D- It came in Fath al-Qadeer by Ibn Hammam al-Hanafi in Explaining al-Hidayah: It is not permissible to masturbate by cessation, and if desire prevails, then he does the will to calm it, so the hope is not to be punished .

E- It came in Sabil al-Islam explaining the attainment of the goal of al-Sanani: (And he cited it - that is, by saying:: O young men, who among you can get married, let him marry ... etc. Hanbali and some Hanafi ).

And - it came in the local by Ibn Hazm al-Andalusi al-Dhahiri (as well as masturbation for men, whether the man will not touch his remembrance of his left hand is permissible, and a woman touching her vagina is also permissible according to the consensus of the whole nation, so if it is permissible, then there is no additional to what is permissible except intending to ejaculate semen, so that is not forbidden in the first place, because God Almighty says : (And what has been forbidden to you has been detailed for you.) This is not something that has been specified for us to prohibit it, so it is permissible for God Almighty saying: (He created for you what is on the earth for all) except that we hate it because it is neither from the honorable of morals nor from the virtues). Then Ibn Hazm said: (The hatred is authentic on the authority of Ataa, and the absolute permissibility is valid on the authority of Al-Hasan, and on the authority of Amr bin Dinar on the authority of Ziyad Abi Al-Alaa and on the authority of Mujahid, and it was narrated by those who narrated it on the authority of these from those who realized and these are the great followers who hardly tell except from the Companions ).

G- Sheikh al-Islam Ibn Taymiyyah, may God have mercy on him, said in his fatwas: (As for ejaculating it - meaning semen - by choosing it, this is forbidden according to most scholars, and it is one of the two narrations on the authority of Ahmad, rather he revealed it, and in a narration it is disliked. He did not masturbate or fear illness, because there are two views that are well known to scholars, and sects of the early and backward scholars were permitted in this case and others forbade it .)

H - In the fatwas of Hassanein Muhammad Makhoul, the former Grand Mufti of Egypt, he said: After a long speech, and we say many jurisprudence, what he stated: It is narrated on the authority of Ahmad and from the Hanafi school that it is permissible when needed and absolutely necessary, so it is a matter of committing the least of two evils).

6) Summary from the sayings of the jurists :

In summary, the foregoing is that masturbation with the hand is the principle prohibition and prohibition, and the exception is permissible when necessary, and necessity is the perceived fear of falling into fornication. Because necessities permit prohibitions, and what is permissible for necessity, is permissible to the extent that necessity is motivated by it because the rule, necessities are valued by their extent .

7) Who becomes the rule of necessity :

If masturbation with the hand is permissible in the case of necessity, which is the state of real fear of falling into fornication, then the introduction of the rule of this necessity is only after taking into account what the noble hadith guided to him (O young men, who among you can divorce, let him marry, and whoever is unable should he fast, then it is for him and he came He should fast as long as he is able. What is measured on fasting is everything that weakens desire, such as not being exposed to what provokes it, from looking at women and revealing their nakedness, and this is for men, and from looking at pornographic scenes that really provoke desire or pictures, as well as thinking about the issue of intercourse and so on. It should also be taken into account to counter the stirring of desire, such as contemplation of the Sign of God and the Last Day and death, and of preoccupation with worship of its various kinds, including by resorting to God with supplication, confirmation and protection from adultery and the like. So if the Muslim man or woman takes all of this and the desire is overwhelming, and the man has nothing to marry, and the woman does not come to propose to her and marry her among those who are qualified with her desire to marry so that she is chaste.In this case, it is permissible to apply the rule of necessity and it is permissible to masturbate as much as necessity is motivated by it .

8) Summary of what is commanded by the questioner :

In light of all of what we have mentioned, a fatwa is given to the questioner as follows :

First - The determination to marry, meaning that she is determined and willing to do so if he proposes to her, the competence, the competence in religion and morals, and the ability to spend on her. And do not hesitate, because she has a girl from her deceased husband, because the virtues of the companions misfortune married many of them after their husbands separated from them by death or in his death. She pushed him to the Messenger of God to serve him, and then she married the great companion Abu Talha, may God be pleased with him. And the mother of Hakim bint Al-Harith bin Hisham, her husband Ikrimah, was martyred in the Roman war, and she married Khalid bin Saeed bin Al-Aas after the end of her waiting period .

Second - If it is not possible for her to get married, then she must fast and what we mentioned in the previous paragraph. In most cases, these methods of fasting and others will lead to their lack of need to apply the rule of necessity that we have shown. And if the state of necessity remains in place for her, then she has the right to take her ruling so that God makes it easy for her to escape from a righteous husband or from the absence of the need to take the rule of necessity .

Third - that in Islamic law the inheritance of brothers to a mother) and this means that a Muslim woman has to marry another husband after parting with her first husband, from whom she had children, and then have children from her second husband. And God knows best, praise be to God, Lord of the worlds, and may God bless our master Muhammad, his family and companions, and grant them peace .