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Anal Intercourse with the Wife Is Prohibited but the One Who Believes in Its Permissibility Does Not Disbelieve

Question

Is this true? Tahawi said: Asbagh bin Al-Faraj narrated from Abdul Rahman bin Al-Qasim that he said: "I never met someone I deem a role model in religion who doubts that it is Halaal, means entering a woman in her anus." Then he recited, '{your women are a tilth for you},' then he said: "What could be more clear than this?", this is the statement of Imam Malikis main student, the narration of ibn Qasim is always considered the mashur opinion in the madhab(especially in the mudawwanah), so why do the Malikis not agree with this statement,is this authenthic? Ibn Qudamah wrote Malik said: "I never met someone I deem a role model in religion who doubts that it is Halaal.” Are the statements from Imam Malikis main student Ibn Qasim authenthic? Is it kufr to believe it’s halal to do this act?

Answer

All perfect praise be to Allah, The Lord of the Worlds. I testify that there is none worthy of worship except Allah, and that Muhammad  sallallaahu  `alayhi  wa  sallam ( may  Allaah exalt his mention ) is His slave and Messenger.

Most of the scholars among the Maliki School of jurisprudence, and others are of the view that it is prohibited to have intercourse with the wife in her anus, and what was attributed to Imam Malik, and some of his companions such as Ibn al-Qasim, or others, about the permissibility of that, is not proven from them. Al-Qurtubi, from the Maliki School of jurisprudence, says in his Tafseer (interpretation of the Quran) while talking about having intercourse with the wife in her anus:

This was narrated on the authority of Malik in a book of his called “The Secret Book”. The knowledgeable companions of Malik and their sheikhs deny that book, and Malik is more than worthy of having “The Secret Book” [...] What is attributed to Malik and his companions of this is false and they are innocent of that, because the permissibility of intercourse is specified to the place of cultivation [i.e. the vagina] as Allah the Almighty Says (what means): {…so come to your place of cultivation…} [Quran 2:223], because the wisdom in creating spouses is to spread the offspring, so the person who conducted the marriage contract [i.e., the husband] is of no way permitted to have intercourse with the wife in other than the place of the offspring, and this is the truth.” [End of quote]

As for Ibn Qudamah  may  Allaah  have  mercy  upon  him he mentioned the narrated story on the authority of Imam Malik, and we mentioned that it is not proven as he said in Al-Mughni: “It is not permissible to have intercourse with the wife in the anus, according to the saying of most scholars. It was narrated on the authority of Malik that he said: ‘I did not meet any scholar whom I could follow in my religion who is of the view that it is lawful. People of Iraq, among the companions of Malik, deny that, and those who permitted it gave evidence of the saying of Allah (which means): {Your wives are a place of sowing of seed for you, so come to your place of cultivation however you wish.} [Quran 2:223]

Thus, whoever believes in the permissibility of intercourse with the wife in her anus does not disbelieve, because in the matter there is a saying of permissibility, even if it is anomalous, which makes the ruling on the matter not necessarily known from the religion.

For more benefit on the prohibition of anal sex with the wife, please refer to Fatawa 86457, 88309, 81499 and 174125.

Allah knows best.

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