Would oral sex be permissible if one was using a dental dam

Answered according to Hanafi Fiqh by DarulIftaBirmingham

Kindly clarify the following for me regarding relations with my spouse

I am aware that oral sex is Makrooh. I have recently come across an article (western health website) stating that impurities from private organs could be dangerous and one should avoid these coming into the mouth.
The article suggested using a sheath (alternatively dental dam) to cover the private area of a woman before doing such acts. If one does take the above precautions – will the act be permissible?

Answer:

In the name of Allah, the most Beneficent, the most Merciful.

The following is the ruling of oral sex in Islam.

If the “oral sex” includes the penis being inserted in the wife’s mouth to the extent that she swallows 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 will not be permissible. (Fatawa Rahimiyah p.270 v.6 & Fatawa Hindiyya p.372 v.5) 

However, if the act consists of the wife kissing her husband’s penis and the husband kisses her genitals and they avoid any areas where there is pre-ejaculatory fluid, then there is a difference of opinion. Some scholars say that it will be permissible (Mubah), although disliked whilst the majority of the scholars say it will still remain Makruh (disliked). (See Fatawa Rahimiyah p.406 v.9)

Regarding your question, in my humble opinion the using of dental dam would not make the act of oral sex permissible. There is a principal which can be found in the books of fiqh known as “Sadd-le-Zaraai” or “Sadd-e-Baab”. This is where something which should be permissible (mubah) is made impermissible if it was to lead to something impermissible or repulsive.

Allowing the permissibility of using a dental dam would encourage Muslim couples to start performing oral sex, which is something disliked and impermissible, for this reason oral sex would not be considered permissible, even though one may be using a dental dam.

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

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