A Brave and Daring Invitation to the Right Hand - 2

At the end of the first episode of this series, I had ended with a set of questions. Here, I would like to begin with brief answers to those questions, and then explore further issues under the same topic, that is the licit freedoms in Islam in the realm of sexuality.

1. What are the boundaries in sexuality directly set by God? And for things within the limits, how much concentration is acceptable?

This is a separate topic on its own, and the obvious issues can be found anywhere. Here, I am going to suffice with giving links to previous blogs about the controversial issues. LGBT issues (1, 2, 3, 4, addendum), A critique of Muslims' view of polygamy, Legitimacy of Mut'a, Artificial companions.

Also, I would like to add that, as with anything that is licit, extreme concentration on or obsession with it may lead to ignoring or neglecting the clear orders and prohibitions of God. However, this is a fine point, since "how much" changes from person to person. So, one cannot set a clear boundary or formulate a measurable maximum quantity. Rather, every individual must judge themselves on this issue, and return to God, if they realize they have gone too far. But again, such introspection regarding the usage of the licit freedoms is an issue exclusively between that individual and their Lord.

2. What are the psychological and sociological factors hindering the exploration of possible avenues within the licit? Can they be removed or at least tamed?

In three previous blogs, I explored similar problems in other aspects of life and religion (benefits of sin, roles in family, benefits of pride). There are several factors hindering a broad exploration of what is allowed by God and what is explicitly forbidden by Him. Fear factor is an important one among them. The image of a God that is ready to punish people for their sins forces most individuals to act conservatively. The same psychology prevents an objective analysis of prophet Muhammad's pbuh life and teachings. Furthermore, the instinct of the religious leaders to "make rules in order to ensure a clear path to the paradise", which is again subconsciously propelled by the same fear factor, builds a wall of "knowledge" that can not be overcome by the public.

On top of these, the cultural barriers and social pressures curtail anything that is out of the norms, and sexual matters are no exception. Such social barriers sometimes include unjust and unsubstantiated limitations that instigate the victims to venture into anything that could deliver them. Last but not the least, the outbreak of immorality and its unpreventable reach to individuals of all ages trigger a reactionary but understandable conservatism. On this last point, it must be noted that the relentless actions of the business people who want to make money through sex-related businesses exacerbate the problem at all levels.

Given all these complications, is it at all possible to endeavor a search of the licit in the sexual realm according to Islam? The answer is of course yes, but that doesn't mean that that "yes" comes with no costs or challenges. Any individual pondering such exploration must make their own situation analysis, and proceed accordingly. In any event, the believer must always bear in mind that God is with them as their companion in their exploration (Quran 2/257).

3. What are the possible solutions from the Quran and example of the Prophet Muhammad in this context? How can they be interpreted in context of our times and conditions?

At this point, I am still researching this topic, and sharing with you my findings and thoughts. Having said that, I must admit that there a few concepts that are promising to help, some of which I already mentioned in this series or in the previous blogs that I gave the links to. These are the concept of slavery, the distinction of genders based on functions rather than biological differences, the concepts of marriage and divorce, the concept of polygamy. Aside from these, the concept of guardianship (for orphans or women) can be helpful, too. It is possible that other concepts are going to become a source of inspiration with the guidance of Allah.

Having answered these questions, we can start our journey in the second episode. Now, I would like to delve into two matters: 1. the distinction of the licit and the illicit in case of a relationship, 2. difference of having a wife versus having a concubine. As implied by the last item, I am focusing on the rather male-centered aspects of the issue, although it actually has much broader spectrum. Nevertheless, the male-centered issues form the majority in terms of sex demand, and so, I am giving the priority to that. Other aspects have been partly touched upon in the other blogs I mentioned earlier.

So, let's formulate our first question. What makes a marriage licit, and what makes a relationship out of wedlock illicit? What distinguishes a prostitute from a wife? In order to answer these questions, I am going to expand the spectrum and add two other items: mut'a and having a concubine. Then, the broader question is why "a wife and a concubine" are within the licit, whereas "a prostitute and a mut'a partner" out of the licit? The answer to these questions is important, because, if we can really identify the root causes, then we can search for other possible applications within the licit that haven't been explored so far, but are viable today.

If you make a search about the reasons or wisdom behind the regulations regarding relationships, more often than not, you come across with explanations that are based on the life and technological conditions of the past. That is, given the social facts and the individuals of today and given the technological means available to us now, almost all of the reasoning behind these 'why's collapse. The bottom line, and actually it is the start line, for the answers we are after is the explicit Quranic verses.

You can easily find clear verses about the prohibition of prostitution (25/68), but when it comes to mut'a, it is not as straight forward; or at least so it seems based on the available literature. Looking at this issue in a previous blog, based on evidence from the verses of Quran, I argued that it is the initial intention to stay together forever that makes the regular marriage licit, and it is the lack of that intention and the presence of a definite limit on the relationship what makes mut'a illicit. Now with our current discussion, you can see that the same difference exists in case of prostitution, too. That is, the set duration for the relationship is at the core of why mut'a is a form of prostitution, and not a form of marriage. Similarly, when a person would have a concubine, even if it is not for a life time, it is not a relationship to expire at a predetermined time either. So, unlike mut'a, the lack of a known end to the relationship is at the root of the licit status of having a concubine. Of course, there is much more to talk about on the issue, and that is why I am presenting the table below for the comparison of conditions under these different types of relationships. As we go along the discussion, I am going to explain the details of this table.

If you look at the similarities between the four types, you see three things in common: 1. an initial payment to a guardian or strife against the guardian (i.e. a war), 2. having sex and 3. the ability of the woman to end the relationship. About these, first I would like to clarify that a war in Islamic context is not waged to acquire slaves, rather that situation is only a conditional social fact, which applied frequently at the time of the prophet Muhammad pbuh, but doesn't have to be the case always. On this, I am not going to go into the discussion of the case of slavery in Islam to avoid digression. The second clarification I must make is that a slave can ask to end their relationship, and the master must accept it; but there is a procedure. Nevertheless, it is possible and doable. That is why I used the title "concubine w/o a", that is concubine without an agreement to finish the relationship. After these clarifications, if we look back at the similarities between the four relationship types, it is obvious that we cannot identify what makes the licit licit and what makes the illicit illicit. For that, we need to focus on their differences.

As mentioned above, the first and major difference between the licit and the illicit is the definite end to the relationship. Following that, secrecy of the adultery versus the publicity of the marriage comes (Tirmidhi/Nikah/6). This very point is actually the beginning of a series of others that relate to the involvement of the society in the relationship, which serves as a social security. Namely, right to inherit, obligation to look after the child, basic healthcare and prosecution of any mistreatment are the linked elements to the social aspect of the licit. Conversely, lack of these are present in case of prostitution. As a side note, those involved in prostitution can barely receive protection from mistreatment or find other forms of social support. Their major support is only from each other. Healthwise, their status is conditional upon the country, their awareness of healthcare and their income level. In case of a concubine, however, all of the social securities available to a wife are also available to her, except becoming an inheritor to the master.

In order to introduce the next point of comparison, I am going to employ a question. If a man can do fine sexually thanks to his concubines and even can have children, why should he marry at all? What is the difference between a wife and a concubine? Your natural reaction to these questions will probably include "marriage is not just about sex.", and that is the proper approach in this case. A spouse is a friend for life and beyond. The couple stands together in the society, and they present themselves at meetings, invitations, etc. However, a concubine is not a friend, but a service provider exclusively at home. This is a business relationship rather than a friendship. So, as the answer to the question at the beginning, even if a man can do ok sexually with a concubine, he is not going to have a spouse to stand with out of the house. If he is so in love with and desiring of his concubine, he should marry her and continue the relationship as husband and wife.

The last comparison to make is the issue of salary/wage/compensation. A prostitute receives a wage for the service she does, whereas a wife or a concubine does not receive a wage for the same act. However, there is a sheer difference between a wife and a concubine on this matter. A wife is a committed friend for life, and the husband is likewise. So, sex life is a shared experience for a couple, not a business interaction. But a concubine is a service provider (who can serve in many ways, including sexual), and there is a compensation she receives from this job, albeit not as a wage. And this point is actually going to serve us as a ramp to climb to a subtle level in the discussion: the Right Hand. This important and unexplored concept is going to be the topic of the next episode, God willing.