Before Homosexuality in the Arab-Islamic World, 1500-1800 (54 page)

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Authors: Khaled El-Rouayheb

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such as intercourse between women.
¹¹⁸A standard Hanbali

manual also defined fornication as “committing the abomination in the vagina or anus” (
fiʿl al-fa

ḥishah fī qubul aw dubur
)
,
and went on to specify that it is a precondition for the application of
hadd
punishments that the glans is inserted
(taghyi

b al-ḥashafah
) into either orifice.
¹¹⁹A standard Ma

liki

manual defined fornication as a “legally mature Muslim’s insertion of the penis into a human vagina that is not allowed to him,” thus explicitly excluding cases of nonpenetrative sex such as intercourse between the thighs (
la

ghayr farj ka-bayn fakhdhayn
)
.
The manual specified that “insertion” (
i

j
) meant the introduction of the glans (
taghyi

b ḥashafah
) into the orifice, and sodomy (
liwa

ṭ
) was then specified to be the introduction of the glans into the anus of a male (
idkha

liha

fī dubur dhakar
).
Ḥadd
punishments were stated not to apply to sexual intercourse between women “since there is no penetration” (
li- ‛adam al-i