Please rethink about your first fatwa ((A term used for opinion on religious matters.)) about anal-sex as I believe it is Haraam based on:
When [their menstruation period is over and] they have cleansed themselves come to them from where Allah has guided you (Al-Baqarah 2: 222)
You said it is, in your opinion, haraam because it is against the natural…1.
Well, this would open the doors for interpretations other than the one you meant…
Please try to remove your first fatwa about anal-sex from the website as it may lead to Haraam…
Please consider the following fatwa:
Question: What is the fatwa for making love to the wife from her back (anal sex)?
Answer: The punishment of such person according to Imam Abu Hanifah is that if the crime is proven in the court of Muslim Judge by Shara’ee witnesses (i.e. two men or one man and two women) or by that person’s own acceptance of crime, then Muslim Judge will announce the punishment. It may be life imprisonment till the firm repentance, or the punishment of lashes, or he may let to fall from some high building and then he may be stoned. However there will be no effect on their marriage. The marriage will remain intact. Such person should ask for mercy from Allah and avoid such ugly act in future.
(ref: Durral Muhtar; page 240, vol.4)
The referred verse, in my opinion, implies the very fact that the basic guidelines of the Shari`ah, regarding the sexual act is that it should not entail any act which is against the natural make up of the human body. The words: “come to them from where Allah has guided you” refers to the natural (and instinctive) guidance that God has bestowed upon man, in general. Thus, even though I have based my opinion on the referred verse of the Qur’an, the position of anal sex is not affected. Being against the natural make-up of the human body, it should be considered as disallowed in the Islamic Shari`ah.
As far as your observation that this opinion may open the doors for interpretation, other than the one that I implied, I really do not think that any opinion other than the one that I have implied can honestly be derived from my statements in the referred response. However, I would appreciate if you would kindly take a look at my statement once again and point out the words that may be interpreted to imply anything other than what I have intended. My referred statement follows:
Anal sex, in my opinion, is against the natural make-up and physiological structure of a female body. It is therefore that I believe that even though the Shari`ah does not expressly prohibit it, it would be in accordance with the teachings of the Shari`ah to refrain from it.
If your observation relates to the words: “even though the Shari`ah does not expressly prohibit it…”, then I am afraid that I cannot alter or remove these words, as they refer to a clear fact of the Shari`ah. As you would agree, the teachings of the Shari`ah, do not entail a direct prohibition of the act under discussion. It is actually the application of the directive entailed in Al-Baqarah 2: 222, which tells us that the basic guidelines provided by the Shari`ah is that the sexual act should not entail anything which is against the nature of man and, thus, does not allow anal sex.
As far as your referred fatwa is concerned, it states the juristic opinion of the Hanafis. However, the fact that the punishment stated in the fatwa, completely lacks any support from the Qur’an and the Sunnah, hinders me from ascribing to the opinion stated in it.
In my opinion, in the absence of any clear directive of the Shari`ah regarding the punishment of the stated sexual perversion, the Islamic state may, if it deems fit, prescribe any punishment for committing the act under consideration2.
28th July 2000