Deconstructing Traditional Muslim Sexual Morality: Approaches to a New Understanding of Legal and Illegal Sex in Muslim Theology Based on the Principle of Sexual Autonomy

This paper offers a critical analysis of traditional Muslim sexual morality and questions its validity in the present. It focuses on two elements: (1) nikāḥ as a legal marriage contract characterized by asymmetrical gender roles and (2) historically permitted sexual relations with enslaved women, as well as Muslim positions on sexual intercourse with minors. After a conceptual clarification of sexual autonomy, I examine the positions of different legal schools and contextualize their norms within broader social and intellectual histories. Building on the approach of “overcoming the text,” I argue that foundational religious texts can no longer serve as the normative basis for a contemporary sexual ethic. Instead, I redefine the notion of “illegitimate sexuality” (zinā) based on the principle of sexual autonomy and show how modern legal and social frameworks (rule of law, welfare state, medical evidence) render earlier functions of sexual regulation obsolete. The Qurʾanic concept of maʿrūf serves as a dynamic ethical reference point. The goal is a paradigm shift toward a Muslim sexual ethic that centers autonomy, equality, and human dignity while critically dismantling inherited structures.