Thursday, 6 October 2011

Anal intercourse is haraam even with a barrier


What is the ruling on one who has anal intercourse with his wife when his penis is covered and none of his water reaches his wife?.

Praise be to Allaah.

Intercourse in the back passage is a major sin which is
emphatically forbidden in sharee’ah. 

This has been explained in the answer to question no.

The intercourse that is forbidden is when the head of the
penis disappears into the back passage, with or without a barrier, and even
if one does not ejaculate. The ruling has to do with penetration, not with
ejaculation or touching. 

Al-Suyooti (may Allaah have mercy on him) said in
al-Ashbaah wa’l-Nazaa’ir (458):                                         

There is no difference whether penetration is with a cloth or
not. End quote.  

The fuqaha’ (may Allaah have mercy on them) have stated that
it is haraam to have intercourse with a menstruating woman even if that is
with a barrier. 

It says in Asna al-Mataalib (1/100), and there is
something similar in Tuhfat al-Muhtaaj (1/390), which are both
Shaafa’i books:  

Similarly it is haraam to have intercourse with her (i.e.,
the menstruating woman) in her vagina, even with a barrier. End quote. 

After researching the matter, we could not find any
difference of opinion among the scholars on this ruling. Their texts which
speak of the prohibition on anal intercourse are general in meaning and
include all cases, whether there is a barrier or not.  

So it is not permissible to have intercourse in the back
passage at all, whether it is with or without a barrier. The one who does
that has to repent and seek forgiveness, and resolve not to do such a thing
again. It is not permissible for the wife to respond to her husband’s
request if he asks her for that. If he insists on it then she has the right
to ask the qaadi for a divorce. There is no obedience to any created being
if it involves disobedience towards the Creator.  

Shaykh al-Islam said: If he has intercourse with her in her
back passage and she did that willingly, they should both be given a
disciplinary punishment (ta’zeer). If they do not stop they should be
separated, as the immoral man and the one with whom he committed immoral
acts should be separated. End quote. 

Majmoo’ Fataawa Ibn Taymiyah

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