Question Summary:
What is Askimam’s ruling on oral sex?

Question Detail:

I have seen in your fatwa #23726  that oral sex is  Makrooh Tahreemi (reprehensible).
and in fatwa # 28698    http://askimam.org/public/question_detail/17678
stated that
Furthermore, it is incorrect to state that there is no prohibition of oral sex in classified texts of the Fuqahaa.
Consider the following two texts:
في النوازل إذا أدخل الرجل ذكره في فم امرأته قد قيل يكره
(Al-Fatawa al-Hindiyya, 5/372, Rashidiyya)
 إذا أدخل الرجل ذكره فم أمرأته فقد قيل: يكره؛ لأنه موضع قراءة القرآن، فلا يليق به إدخال الذكر فيه، وقد قيل بخلافه
.(Al-Muhit al-Burhani, 8/134, Idaratul Quran)(Fatawa Rahimiyyah, 10/178, Darul Isha’at)
But Sheikh Mufti Muhammad Ibn Adam Darul IftaaLeicester , UK
says It is mentioned in the famous Hanafi Fiqh reference book, and one regarded as a fundamental source in the school, al-Fatawa al-Hindiyya: “If a man inserts his penis in his wife’s mouth, it is said that it is disliked (makruh), and others said that it is not disliked.” (al-Fatawa al-Hindiyya, 5/372)This clear text from one of the major Hanafi books indicates that the scholars differed on the issue of inserting the penis into the wife’s mouth. According to some it was disliked whilst others totally permitted it. But it should be remembered that this is in the case when no sexual fluids enter the spouse’s mouth as mentioned in detail earlier. Due to the act being considered against the proper conduct of a Muslim, most scholars have held this practice to be disliked (even in the situation where one does not orally take the filth).Mufti In Adam further statesAs far as the second aspect is concerned, which is the Shariah ruling on oral sex; this actually depends on what you really mean by oral sex. The term “oral sex” covers a wide range of activities, from just kissing the private parts to the actual swallowing of filth. If “oral sex” means to insert the penis in the wife’s mouth to the extent that she takes in the filth, whether this filth is semen (Mani) or pre-ejaculatory fluid (Madhi), or the man takes the filth of the woman in his mouth, then this is not permissible. Taking the filth with all its forms in the mouth is unlawful. The fluids which come out are impure, thus make it impermissible to take it orally. However, if the same act is practiced by using a condom (to prevent the sexual fluids entering the mouth) or the wife merely kisses her husband’s penis and the husband kisses her genitals and they avoid any areas where there is pre-ejaculatory fluid, then this should be (according to this humble servant and Allah knows best) permissible, although disliked. Reference : http://central-mosque.com/index.php/Relationships/fornication-adultery-masturbation-a-pornography.htmlSo i deduce from above that Mufti Muhammad Ibn e Adamn thinks it is Makrooh e Tanzehi.My question is that whether Oral sex is Makrooh e Tehremi or Makrooh e Tanzihi asFatawa Hindiya says that boths views are supported by jurists ?Is Employing Sex Toys During Intercourse, phone sex & mutual masturbation with wife allowed ?

Answer :

In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
1) Our view on the matter is that oral sex is makrūh tahrīmī as stated in the following fatāwā:
http://askimam.org/public/question_detail/21483
http://askimam.org/public/question_detail/17678
http://askimam.org/public/question_detail/23726
http://askimam.org/public/question_detail/15982
Imām Burhān al-Dīn states the ruling of makrūh but also adds on the reasoning as follows in his famous book, Al-Muhīt al-Burhānī:
قيل: يكره؛ لأنه موضع قراءة القرآن، فلا يليق به إدخال الذكر فيه 
It is said that it is makrūh because it (i.e. the mouth) is a place where the Qur’ān is recited from; therefore, it is not suitable for a person to insert his private part into such a place.[1]
From the statement above we may infer that Imām Burhān al-Dīn’s personal opinion on the matter is that it is makrūh as he gave a reasoning (or `illah) for it as well.[2]
In regards to whether it is tahrīmī or tanzīhī, due to the reasoning stated above and the general attitude of our pious predecessors towards such indecent acts, we have opted for the more cautious view. To show his revulsion to such an act, Muftī Lājpūrī (in his Fatāwā Rahīmīyyah) declares such an action as “extremely disliked and a sin.” He further states that “it shows resemblance to dogs, goats, and other animals.” From a moral aspect he also states, “Heed my words! How can one’s heart be satisfied by taking the same mouth one utilizes for reading the kalimah, reciting the Qur’ān, and sending blessings on the beloved Messenger (sallallāhu `alayhi wa sallam) and using it for such a foul act?”[3] Mufti Muhammad Farīd states in his Fatāwā Farīdīyyah that even if one utilizes a condom, such an act will still be impermissible.[4]
We would also consider it important to highlight the last part of Mufti Muhammad ibn Adam’s (dāmat barakātuhū) fatwā:
But it should be remembered that this is in the case when no sexual fluids enter the spouse’s mouth as mentioned in detail earlier. Due to the act being considered against the proper conduct of a Muslim, most scholars have held this practice to be disliked (even in the situation where one does not orally take the filth).[5]
2) Please observe our general answer on the issue below:
Regarding the use of sex toys, there use is permissible with the following conditions:
1. It should not cause any internal or external harm to the body.
2. It should not contain any harām ingredients.
3. It should not be inserted into the inner private part of the woman; rather, such toys should be used that stimulate the outer private parts.
4. It should only be used in foreplay and in order to enhance the act of intercourse, not to substitute it.
5. It should not be used so often that it becomes an integral part of the intercourse, so much so that the spouse then cannot gain sexual gratification without it.
6. One should also ensure that he does not commit any harām act when acquiring these toys nor should he go to any places of harām such as adult gift shops. Even though one will be going for a valid reason, he is sure to look at harām pictures while there. Furthermore, others who see him enter will probably entertain evil thoughts about him. A possible alternative would be to purchase it over the Internet.
3) Permissible with one’s spouse on the condition it does not induce one to masturbate.
4) It is permissible.[6]
And Allah Ta’āla Knows Best
Bilal Mohammad
Student Darul Iftaa
New Jersey, USA
Checked and Approved by,
Mufti Ebrahim Desai.
www.daruliftaa.net