Question # 444: Assalamu Alaikum, I have a very important question and that is, I came across a website //cjislam.weebly.com/why-watching-porn-is-allowed-in-islam-for-a-necessity.html which argue that watching porn is halal if it is for a necessity because eating pork is halal if it is for a necessity although it is generally forbidden. My question is, if anything haram is halal due to a necessity, then why isn’t watching porn halal under necessity? Please answer this question.

bismi-llahi r-raḥmani r-raḥīm,

Assalamu ‘laikum warahmatullahi wabarakatuh,

All praise and thanks are due to Allah (سبحانه و تعالى), and peace and blessings be upon His Messenger (صلى الله عليه و سلم).

Dear questioner,

First of all, we implore Allah (سبحانه و تعالى) to help us serve His cause and render our work for His sake.

Shorter Answer: Every Muslim has to implement Islamic law, with all possible means, in all the affairs of one’s life; however, when the situation becomes too difficult and over-bearing, a Muslim enters in a state of “adversity” or “necessity” where unlawful things become permissible. In other words, necessity means cases in which a person will be harmed if he does not take the haraam option, as it will affect the five maqasid al-shari’ah (the principles of shari’ah), that is, preservation and protection of religion, life, progeny/lineage, intellect and wealth. Nevertheless, many Muslims, out of their ignorance, mistreat this rule, and many a time, ‘general need’ is mistaken for duress or necessity.

As for the question under consideration, Pornography and associated culture have all the following three elements which Allah has prohibited in the Qur’an:

  • Fuhsha refers to obscenity, vulgarity, indecency, shamelessness, filthy, and foul. All scholars agree pornography is included in this term.
  • Munkar refers to as gross, abominable, detestable, atrocious, outrageous, flagrant acts. This includes all evils which have been unanimously condemned by the human conscience and forbidden by Divine Law. In fact, people of all faiths abhor pornography.
  • Baghi refers to transgression and trespassing into the space and the rights of others, whether those rights be of Allah or of a fellow human being. The pornographic industry trespasses on the rights of women especially by turning them into sex objects.

In summary, pornography is degrading and dehumanizing to both men and women as well as to human sexuality; it is the root of corruption. In fact, haya’ (shyness and modesty) is a most fundamental character trait in Islam.

As for the blog mentioned in the question, all the arguments are irrelevant and futile. For people with a rational mind – just imagine, resorts to watching pornography on the claim that this would protect from committing Zina (fornication/adultery), is an illusion. His example is like the one who wants to protect himself from the heat of the sun by throwing himself into the real blazing fire. Watching pornography urges one’s desires and lust, and this may lead one to commit Zina and not protect from it. If someone wants to avoid Zina, he should refrain from its causes, and act according to the advice of the Prophet (صلى الله عليه و سلم)  by lowering gaze, protect one’s private parts and fasting. It seems the author of this blog himself is suffering from this disease/addiction and therefore, he is trying to justify its permissibility in Islam. May Allah help him and increase his understanding of the Deen, Ameen! (For a detailed refutation of the blog, refer long version of the answer)

Long Answer: The answers to your question can be majorly divided into three parts:

  • Definition of ‘Necessity’ in the light of Islam
  • Perspective of Islam on Pornography
  • Refutation of the argument mentioned on the website (provided in the question)

Definition of ‘Necessity’ in the light of Islam

Every Muslim has to implement Islamic law, with all possible means, in all the affairs of his/her life. [However,] when the situation becomes too difficult and over-bearing, a Muslim enters in a state of “adversity” or “necessity” (al-dharoorah) where unlawful things (al-mahdhooraat) become permissible [Legal principle in Islam: al-dharoorah tubihu al-mahdhooraat – Necessity makes the Unlawful Lawful]. [This is a rewording of a Qura’nic verse, which says: ‘‘…But if one is forced by necessity, without willful disobedience, nor transgressing due limits,- then is he guiltless. For, Allah is Oft-forgiving and Most Merciful’’ (Soorah Al-Baqarah 2:173)]

This is a great rule in Islam which reflects its mercy and appreciation to its followers. However, this issue is very sensitive as many Muslims, out of their ignorance, mistreat this rule. For example, they neglect the corollary which says: “The state of necessity should be dealt with in proportion to its measure.” Therefore, it is very important to mention the constraints and conditions under which the rule of necessity is applicable. Some of these are:

  • That the level of harm associated with the unlawful action be less than that caused by the state of dharoorah.
  • That the permissible degree or amount of the unlawful action, he is allowed to commit be just enough to get him out of the state of dharoorah. [Al-dharooratu tuqaddaru bi-qadariha – necessity is measured in accordance with its true proportions]
  • That there is no other alternative in facing the state of dharoorah other than committing the unlawful act.
  • That the duration of the concession be restricted to the duration of its cause.
  • That the dharoorah is actually existing and not only anticipated or expected.
  • When someone is faced by dharoorah and all its conditions and constraints are observed then the unlawful thing becomes lawful to him.

[Hence,] necessity means cases in which a person will be harmed if he does not take the haraam option, in which the harm will affect the five maqasid al-shari’ah (ultimate principles that the shari’ah places before us as objectives or goals to be achieved), that is, preservation and protection of Din (the system/religion), Nafs (life), Nasl (progeny/lineage), ‘Aql (intellect) and Mal (wealth). These five principles reflect the intention of the Lawgiver (Allah).

Here are a few practical examples to illustrate the above:

  • It is permissible for the Muslim to eat from the dead animal if he finds nothing halal to eat, and he will die if he doesn’t eat.
  • It is permissible for a Muslim to utter the words of kufr (disbelief) when he is under a painful torturing that he cannot bear.
  • It is permissible to deposit the money at the banks to save them from being lost or stolen, although that is considered to be helping the banks in their haraam interest transactions.
  • It is permissible to enroll in car insurance (considering that most of the forms of car insurance are not acceptable in Islam) if he is badly in need of a car and he is not allowed to drive one without insurance.
  • It is permissible to complain to the “civil courts” (although they may not be implementing the Islamic law) to obtain one’s rights if they are no other means to do so, provided one has the sound belief that there is no judgment except that of Allah.

[General need (hajah) is sometimes mistaken for duress or necessity. However, the general need is not the same thing as the necessity that creates a situation of duress. Here are few practical examples of needs to illustrate where the rule of necessity does not applicable :]

  • It is never permissible to give to accept riba under any circumstances. [For example, buying a residential house on conventional interest-bearing loans, when one can very well rent a house/apartment.] Such unlawful action is not permissible under any need.
  • Adopt unlawful ways of earning to improve income or promoting profits are also not valid excuses. A little blessed halal earning is better than many folds of haraam

Perspective of Islam on Pornography

Allah (سبحانه و تعالى) says in the Qur’an: “Surely Allah enjoins justice, kindness and the doing of good, to kith and kin; and He forbids all that is shameful, indecent, evil, rebellious and oppressive.” (‘Inna Allaha Ya’muru Bil-`Adli Wa Al-‘Ihsani Wa ‘Ita’i Dhi Al-Qurba Wa Yanha `Ani Al-Fahsha’i Wa Al-Munkari Wa Al-Baghyi Ya`izukum La`allakum Tadhakkaruna) (Soorah an-Nahl, 16:90)

Pornography and the culture of pornography have all the three elements which Allah has prohibited in the above verse of the Qur’an: Fuhsha, Munkar, and Baghi. Here is a bit of terminology before we review the rest of the evidence prohibiting pornography.

Fuhsha:

According to the Al-Mawrid Arabic-English dictionary of Munir Baalbaki, Fuhash is obscenity, vulgarity, indecency, shamelessness, and something that is dirty, filthy, and foul. Al-Mawrid’s English-Arabic dictionary translates pornographic as Fahish. The Hans Wehr Dictionary of Modern Written Arabic adds monstrosity, abomination, vile deed, and fornication to its meaning as well.

Fuhsha, translated as anything shameful, is a Qura’nic term which in the Qur’an and Hadith has been used widely for un-Islamic sexual behavior. The Qur’an uses it as in the above verse. It is a set of vices that embraces the whole range of evil and shameful deeds. Scholars of the Qur’an have included every vice which is intrinsical of a highly reprehensible character into this category whether it be fornication, nudity, public foreplay as depicted in films and photos, pornography, hurling abuses and curse words, promiscuous mixing, or dresses designed to expose the body. At the highest level of Fuhsha, Allah has included adultery [And come not near to the unlawful sexual intercourse. Verily, it is a Fahishah [i.e. anything that transgresses its limits (a great sin)], and an evil way] Soorah al-Isra, 17:32) and same gender sex (Soorah al-Araf, 7:80 and Soorah an-Naml, 27:54).

All scholars agree pornography is included in the term Fuhsha.

Al-Munkar:

Al-Mawrid English – Arabic Dictionary describes Munkar as gross, abominable, detestable, atrocious, outrageous, flagrant. As a major Qur’anic term, it means something which is universally acknowledged as bad and immoral. This category includes all evils which have been unanimously condemned by the human conscience and which have been forbidden by Divine Law in all ages.

People of all faiths abhor pornography. Even the norms of American society do not allow its propagation in mainstream newspapers and prime time TV, forcing it to hide in dark alleys. Those who are addicted to pornography try to watch it mostly discreetly. This indicates that it is a universally accepted immoral act which Qur’an calls Al-Munkar.

 Al-Baghi:

According to Al-Mawrid English – Arabic dictionary, this term means wrong, injustice, outrage, and transgression. Al-Baghi in the Qur’anic terminology means transgression and trespassing into space and the rights of others, whether those rights be of Allah or of a fellow human being. Pornography is a transgression towards Allah as well as towards human beings and animals. The pornographic industry trespasses on the rights of women especially by turning them into sex objects.

Additional Qur’anic Evidences

Allah (سبحانه و تعالى) says in the Qur’an:

  • “Say (O Muhammad): ‘My Lord has only forbidden indecent acts, whether committed openly or secretly? …” (Qul ‘Innama Harrama Rabbiya Al-Fawahisha Ma Zahara Minha Wa Ma Batana…) (Soorah al-Araf, 7:33) Therefore, watching pornography or other indecent acts in the privacy of the home or on the internet is also forbidden.
  • “Say (O Muhammad!) …come not near to Al-Fawahish (shameful sins) whether committed openly or secretly…” (Qul… Wa La Taqrabu Al-Fawahisha Ma Zahara Minha Wa Ma Batana…) (Soorah Al-An’am 6:151) Allah has mentioned this instruction along with shirk and murder which means that Allah considered shameful things like pornography among the major sins. Allah knows we are weak. Therefore, He likes us to stay away from shameful things.
  • “Verily those who love that indecency should spread among the believers deserve a painful torment in this world and in the Hereafter. Allah knows, but you do not know.” (‘Inna Al-Ladhina Yuhibbuna ‘An Tashi`a Al-Fahishatu Fi Al-Ladhina ‘Amanu Lahum `Adhabun ‘Alimun Fi Ad-Dunya Wa Al-‘Akhirati Wa Allahu Ya`lamu Wa ‘Antum La Ta`lamuna) (Soorah an-Nur, 24:19) [Allah says that those who propagate shameful things among the believers deserve severe punishment.] The words used in the verse (fahishatu) embrace all the various forms that might be used to spread shameful and lewd behavior through any means, be it pictures, films, or internet.
  • “O you who believe! Follow not the footsteps of Shaitan (Satan). And whosoever follows the footsteps of Shaitan (Satan), then, verily he commands Al-Fahsha’ [i.e. to commit indecency (illegal sexual intercourse, etc.)], and Al-Munkar [disbelief and polytheism (i.e. to do evil and wicked deeds; to speak or to do what is forbidden in Islam, etc.)].” (Ya ‘Ayyuha Al-Ladhina ‘Amanu La Tattabi`u Khuţuwati Ash-Shaytani Wa Man Yattabi` Khuţuwati Ash-Shaytani Fa’innahu Ya’muru Bil-Fahsha’i Wa Al-Munkari) (Soorah an-Nur, 24:21) At several places in the Qur’an [like this verse], Allah warns us not to follow the steps of Shaytan because he will incite you for shameful things (Fuhsha) and encourage you to do universally accepted wrong things (Al-Munkar)
  • “Enjoin believing men to restrain their gaze and guard their private parts. That is purer for them. Surely Allah is well aware of all what they do. And enjoin believing women to restrain their gaze and guard their private parts and additionally not to reveal their adornment except that which is revealed of itself.” (Qul Lilmu’uminina Yaghuddu Min ‘Absarihim Wa Yahfazu Furujahum Dhalika ‘Azka Lahum ‘Inna Allaha Khabirun Bima Yasna`una. Wa Qul Lilmu’uminati Yaghdudna Min ‘Absarihinna Wa Yahfazna Furujahunna Wa La Yubdina Zinatahunna ‘Illa Ma Zahara Minha) (Soorah an-Nur, 24:30-31) [Allah commands believers to lower their gaze & guard their modesty.]

[Evidence from the Sunnah (ahadith)

  • Abu Sa’id Al-Khudri (رضي الله عنه) said: The Messenger of Allah (صلى الله عليه و سلم) said, “A man must not look at a man’s private parts nor must a woman look at a woman’s private parts (unless married); neither should two men lie naked under one cover, nor should two women lie naked under the same cover.” (Sahih Muslim)
  • Narrated Jarhad: The Messenger of Allah (صلى الله عليه و سلم) sat with us and my thigh was uncovered. He said: Do you not know that thigh is a private part? (Sunan Abi Dawud; graded sahih by Al-Albani)
  • Narrated Ibn `Abbas (رضي الله عنه): I did not see anything so resembling minor sins as what Abu Huraira said from the Prophet (صلى الله عليه و سلم), who said, “Allah has written for the son of Adam his inevitable share of adultery whether he is aware of it or not: The adultery of the eye is the looking (at something which is sinful to look at), and the adultery of the tongue is to utter (what it is unlawful to utter), and the inner self wishes and longs for (adultery) and the private parts turn that into reality or refrain from submitting to the temptation.” (Sahih Al-Bukhari)
  • Narrated Anas (رضي الله عنه): Allah’s Messenger (صلى الله عليه و سلم) said, “From among the portents of the Hour are (the following): 1. Religious knowledge will be taken away (by the death of Religious learned men). 2. (Religious) ignorance will prevail. 3. Drinking of Alcoholic drinks (will be very common). 4. There will be a prevalence of open illegal sexual intercourse.” (Sahih Al-Bukhari)
  • Narrated Abu Sa`id Al-Khudri (رضي الله عنه): The Prophet (صلى الله عليه و سلم) forbade two kinds of dresses …; Ishtimal As-Samma and Al-Ihtiba in one garment with no part of it covering one’s private parts… (Sahih Al-Bukhari)
  • Sahl bin Sa’d (رضي الله عنه) narrated that the Messenger of Allah (صلى الله عليه و سلم) said: “Whoever guarantees for me what is between his jaws and what is between his legs, I shall guarantee Paradise for him.” (Jami` at-Tirmidhi, graded sahih)

The above is enough evidence to prove that pornography is forbidden in Islam.]

[In summary,] pornography is degrading and dehumanizing to both men and women as well as to human sexuality; it is the root of corruption. Since we are not allowed to expose ourselves or look at the private parts of others, whether alive or in pictures, how can we be permitted to look at the sexual acts [of others]. Such practices are, indeed, not only forbidden but also reckoned as one of the most heinous sins in Islam. The reason why such exposure is forbidden in Islam is because of the fact that haya’ (shyness and modesty) is a most fundamental character trait in Islam, which all Muslims must nurture and safeguard at all costs. The Prophet (صلى الله عليه و سلم) is reported to have said, “One of the most abiding legacies of the ancient prophets is ‘If you have no shame, do whatever you will.’” [(Sunan Ibn Majah, graded sahih)] He also said, [“Faith has seventy-odd branches and modesty (Al-Haya’) is a branch of faith.” (Sahih Muslim)] Therefore, a believer is instinctively shy of exposing himself or herself in front of anyone other than the lawful partner.

Refutation of the argument mentioned on the website (provided in the question)

I was taken aback when I learned that the promoter of this ideology claims to be a graduate in Islamic Theology from the prestigious ‘Islamic Online University’ founded by Abu Ameenah Bilal Philips. Nevertheless, all the arguments presented in his blog does not hold water. We will summarize each of them and refute them all, Bi’iznillah:

Claim # 1:

“watching real life porn is clearly haram … even watching porn becomes halal [or] watching the awrah is allowed [in exceptional circumstances like] if a muslim who is finding hard to protect his gaze in public transport or he cannot reach his wife to have intercourse,  if he knows that he could definitely fall in to zina porn can be viewed [as] according to the shariah even the forbidden becomes halal due to necessity and if there is no transgression”

Refutation # 1

If someone resorts to watching these heinous videos on the claim that this would protect him from committing Zina (fornication or adultery), then he only has an illusion. His example is like the one who wants to protect himself from the heat of the sun by throwing himself into a real blazing fire. Watching pornography urges one’s desires and lust, and this may lead one to commit Zina and not protect himself from it.

If someone wants to avoid adultery, he should refrain from its causes, and act according to the advice of the Prophet (صلى الله عليه و سلم) to the youth. ‘Abdullah Ibn Mas’ood  (رضي الله عنه) narrated that the Prophet  (صلى الله عليه و سلم) said: “O young people! Whoever can marry should marry, as it helps to lower one’s gaze, and protects one’s private parts, and whoever is not able to marry should fast, as this helps him to protect his private parts (from committing illegal sexual intercourse).” (Al-Bukhari and Muslim)

Claim # 2:

“choosing the lesser one of the two evils when in need… Watching porn in this case is better because committing zina is an even greater sin than watching porn… watching real life porn due to a necessity to protect one’s chastity is allowed in Islam…”

Refutation # 2:

The legal maxims referred to here is “Greater Harm Should be Prevented by Committing a Lesser Injury” (ad-darar al-ashadd yuzal bi-d-darar al-akhaff ), or “The Lesser of Two Evils or Injuries Should be Chosen” (yukhtar ahwan ash-sharrayn aw akhaff aḍ-ḍararayn), or “If Two Evils Clash, the Greater Should be Prevented by Committing the Lesser” (idha taʿaraḍat mafsadatan ruʿiya aʿzamahuma ḍararan bi-irtikab akhaffihuma). For example, a person who is in a situation of severe hunger can eat from maytah (not slaughtered dead animal) to save his life. Equally, it is allowed to open the abdomen of a dead pregnant woman to remove a fetus from her womb if his life was to be saved. This maxim is not applicable in case of watching pornography because as discussed earlier, a necessity as defined in Islam is when it comes to the protection of the five essentials: religion, life, progeny/lineage, intellect, and wealth. None of these elements are applicable in this case.

The scholars give the following examples in support of this rule and its branches:

  • In case disbelievers defeat Muslims in a battle and Muslims cannot fight, they can pay money for the disbelievers to save the Muslim captives when it is not possible to save them by other means. This is because their existence with the disbelievers is severer than paying money to save them.
  • In case a ship is feared to sink, heavy luggage can be thrown into the sea. However, all passengers must partake in paying the value of such luggage.
  • A dead woman’s abdomen can be cut to get the fetus out when the fetus is hoped to be still alive.

It may be possible to accept a choice [i.e., choosing the lesser one of the two evils] if in both options, or one of them, there is a solution to your problem. However, [if] one of them is… one type of the problem, and the other [one] is a way that will surely lead to it. [This is like] …jumping out of the frying pan into the fire or [trying to] treat a disease with the thing that is itself the disease… Reflect upon this hadith that was narrated by Imam Muslim in his Saheeh: Tariq ibn Suwayd al-Ju’fi asked the Prophet (صلى الله عليه و سلم) about khamr, and he forbade him or expressed his disapproval of his making it. He said: I only make it as a remedy. He said: “It is not a remedy, but it is a disease.” In this case, the Sahabi thought what many people think, that there is some benefit in khamr (alcohol) for treating some diseases, and he asked for a concession allowing him to make it for that reason. But the Prophet (صلى الله عليه و سلم) explained to him that something that is itself a disease cannot bring healing from a disease; rather it will only make the disease worse.

Claim # 3:

“From all the above evidences it is clear beyond doubt that watching real life porn due to a necessity to protect ones chastity is allowed in Islam. Allah is merciful and he intends ease for his slaves. Allah (Swt) says: “Allah intends for you ease and does not intend for you hardship” (2:185)”

Refutation # 3:

[In order to apply, the legal maxim “Hardship Begets Ease” (Al-mashaqqah tajleb at-tiysir), hardships must be clearly understood.]

Hardship is a prominent element in the condition of necessity. Thus, wherever there is a state of necessity, there will be a sort of hardship… Hardship (mashaqqah) means in Arabic “all kinds of difficulties which range from inconvenient conditions to harsh conditions which may cause death or damage to some organs.”

Muslim jurists… have distinguished between two kinds of hardship: usual hardship and unusual hardship. In respect of usual hardship, no rule in Islamic law is devoid of hardship, not to mention Islam itself, with regard to the fact that Islam is against whims so that every Muslim cannot act according to his own wishes but must act according to Islamic instructions… [It is a part of worship, and if it is canceled, Shari’ah is completely demolished.] Thus, this kind of hardship and our daily life naturally come together; it is unavoidable hardship. [On the other hand,] unusual hardship is caused by external factors, it does not come from the nature of rules. This kind of hardship has been divided into three types: 

Tolerable hardship: This kind is always related to any type of commands of Shari’ah like having a headache (a degree of pain). [This type has no consideration in Islamic law.]

Intolerable hardship: In this type, ‘Azimah (original law imposed by Allah) is converted into Rukhsah [dispensation or permission or exemption] should be taken as a mercy from Allah. If, for instance, a human can only find a dead animal to eat, he eats something of it helping him to survive. The extent of this situation is to protect one’s life or one’s organs from deterioration. One must also take exactly what he needs.

Medium hardship: In this sort, people have the right to take Rukhsah or ‘Azimah, but if a person shoulders ‘Azimah, he receives honor for that from Allah. [The Rukhsah is restricted to] hardship …because of compulsion, distress and universal affliction (ʿumum balwa), physical handicap, ignorance, forgetfulness, sickness, and journey.

[The hardship mentioned in the claim is a tolerable one or at the most can be classified as medium, which if shouldered will be rewarded by Allah. Moreover, the reasons for restricted exemptions mentioned by the scholars do not cover any such hardship.]

Claim # 4:

“The other example that could be taken as permissible porn is the sex video created by a husband and wife or a video created between a man and his slave girls is also allowed as long as it’s for personal use. These are all exceptions which make real life porn halal. If the intention is a good intention due to a necessity, then the Muslim will be rewarded Insha Allah. The prophet (sal) said: “Actions are according to intentions” (Sahih Al Bukhari)” 

Refutation # 4:

The action mentioned [above] is one of the most abhorrent of actions [and leads to greater punishment.] It is haraam in and of itself and because of what it leads to… Among the consequences to which [making such obscene videos, when the wife] is naked or immodestly dressed, may lead are the following:

  • The husband’s belongings may be stolen or he may lose… the video… [and it] may be spread far and wide and it may fall into the hands of [evildoers] who would make use of the video to cause evil and corruption. [In a recently published article ‘Beware! Data hacking is real…’, it was mentioned that “your phones are …more prone to cyber-attacks, as smartphones are connected to the internet almost all the time… all your precious photos and videos [are] at risk of exposure to the dark web …”]
  • He and his wife may get divorced, in which case she would become a stranger (non-mahram) to him, in which case it would not be permissible for him to look at her after the divorce which makes her a stranger to him.
  • The husband may use it against his wife. There have been many such cases where the husband uses such things against his wife to make her give up her financial rights or fulfil his haraam desires or keep quiet about his abhorrent actions, and all of that happens because he possesses pictures/videos of her when she is naked or semi-naked.
  • The husband’s looking at a video of his naked wife… will inflame his desires and it cannot be extinguished… and in most cases – except by doing haraam actions such as [engaging in] secret habit – which is the least of them – or zina or homosexuality.

[Hence,] it is not permissible for the husband to [make such lewd videos]. He should have the attitude of protective jealousy for his honor, and do whatever he can to protect his honor and not neglect it by doing such actions. Similarly, it is not permissible for the wife to agree to do that and she should denounce him and not respond to him. Allah has made each spouse a libaas (screen) for the other. Allah (سبحانه و تعالى) says in the Qur’an: “They are Libaas [i.e. body-cover, or screen, or Sakan (i.e. you enjoy the pleasure of living with them) Tafsir At-Tabari] for you and you are the same for them” (Soorah al-Baqarah, 2:187) The husband should pay attention to that: he is a screen for his wife, so how could he seek to uncover her by means of this action when the basic principle is that he should be a screen and conceal her.

To conclude, all in all, he has contradicted his own claims in the entire narrative, whereby, on one hand, he mentions evidences from Qur’an and hadith prohibiting looking at awrah, and on the other hand, he tries justifying his nonsense claim using irrelevant evidences. In summary, it seems he himself is suffering from this disease/addiction, and therefore, he is trying to justify its permissibility in Islam.

(The above reply is based on the following resources:

  • Islamweb.net, a web site belonging to the Ministry of Awqaf and Islamic Affairs in the State of Qatar
  • Various answers provided by Shaykh Muhammad Saalih al-Munajjid on similar topics
  • Article ‘Islam on pornography: A definite NO NO’ by Abdul Malik Mujahid on Soundvision.com
  • ‘Al-Qawa’id al-Fiqhiyyah (Islamic Legal Maxims)’ by Fawzy Shaban Elgariani
  • ‘Al-Qawa’id al-Fiqhiyyah (Islamic Legal Maxims)’ by Imran A K Nyazee
  • Fatwa by Ahmad Kutty on Islamonline.net
  • ‘Legal Maxims in Islamic Criminal Law: Theory and Applications’ by Luqman Zakariyah (Brill’s Arab and Islamic Laws Series)
  • ‘Necessity in Islamic Law’ by Mansour Z. Al-Mutairi – Thesis submitted to the University of Edinburgh for Ph.D.
  • ‘Al-Qawa’id Al-Fiqhiyyah (Legal Maxims off Islamic Jurisprudence) – A Translation & Critical Assessment’ – An MA Thesis submitted by Husam Ed-din Abdul-Monem Abdul-Alim Shehata)

Allahu A’lam (Allah (سبحانه و تعالى) knows best) and all Perfections belong to Allah, and all mistakes belong to me alone. May Allah (سبحانه و تعالى) forgive me, Ameen.

Wassalaam