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On the Evaluation of sex acts in Shi'a Islamic Theology and Jurisprudence
Donja Hodaie (Germany)
The evaluation of sexual acts is an important topic in Islamic theology, with many scholars offering their viewpoints based on their understanding of Islamic sources. Islamic religious beliefs and teachings significantly shape Muslim perspectives and attitudes toward issues related to sexual acts, sexual orientation, and identity. The belief that engaging in or abstaining from certain sexual acts is a moral disorder and forbidden in Islam is deeply ingrained in the minds of many Muslims. The fear of divine punishment, exclusion, or stigmatization from their religious community or social circles can be particularly relevant in sex therapy with Muslim patients, as these concerns may lead to personal identity crises and considerable psychological stress. To foster cultural sensitivity in psychosexual therapy and improve psycho-sexual care, it is essential to understand the theological background of these potential conflicts. This paper aims to provide the theological context for psychological challenges related to premarital sex, same-sex acts, consensual and coerced sex, both inside and outside of marriage. As the evaluation of these sexual acts can vary depending on the theological branch and the Islamic school of law, this paper will focus specifically on the Shia Ja’fari school of law, followed by many Shi'a Muslims worldwide. In accordance with the Iranian constitution, the Iranian government adheres to the Twelver Shia tradition and the Ja'afari school of law. Therefore, this paper will examine the legal responses to the aforementioned sexual acts in Iranian law as an example of lived reality, followed by an analysis of the theological justifications for those laws.
