User:Flynnjed/Sandbox: Difference between revisions

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The hadith which offers the clearest explanation is the one mentioned in the previous section.   
The hadith which offers the clearest explanation is the one mentioned in the previous section.   


{{Quote|Bukhari 5891; Muslim 527|Abu Hurayrah said: I heard the Prophet (peace and blessings of Allaah be upon him) say: “The fitrah is five things – or '''five things are part of the fitrah – circumcision''', shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”}}This hadith uses the Arabic word ''khitan'' for 'circumcision'.   
{{Quote|{{Bukhari|7|72|777}}; See also {{Muslim|2|495}}|Abu Hurayrah said: I heard the Prophet (peace and blessings of Allaah be upon him) say: “The fitrah is five things – or '''five things are part of the fitrah – circumcision''', shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”}}This hadith uses the Arabic word ''khitan'' for 'circumcision'.   


Two other hadith ('Someone to Amuse Them' and 'Do not cut severely') use the word ''khitan'' in contexts where the procedure is unquestionably being performed on females, and only on females. Three other hadith ('The fitrah is five things, including circumcision', 'A preservation of honor for women' and 'When the circumcised parts touch each other') use the word 'khitan to refer to ''both'' FGM and Male Circumcision.   
Two other hadith ('Someone to Amuse Them' and 'Do not cut severely') use the word ''khitan'' in contexts where the procedure is unquestionably being performed on females, and only on females. Three other hadith ('The fitrah is five things, including circumcision', 'A preservation of honor for women' and 'When the circumcised parts touch each other') use the word 'khitan to refer to ''both'' FGM and Male Circumcision.   
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{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam'] by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)|'Shafi’i view it as wajib (obligatory) for both females and males'}}
{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam'] by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)|'Shafi’i view it as wajib (obligatory) for both females and males'}}


'Reliance of the Traveller' by by Ahmad ibn Naqib al-Misri (1302–1367) is the Classic Manual of Islamic Sacred Law according to Shafi'i School. {{Quote|''Reliance of the Traveler'' [''Umdat al-Salik''], Section e4.3 on Circumcision|'''Obligatory (on every male and female) is circumcision.''' (And it is the cutting-off of the skin [''qat' al-jaldah''] on the glans of the male member and, '''as for the circumcision of the female, that is the cutting-off of the clitoris')}}'''Nuh Ha Mim Keller's 1991 translation of Reliance of the Traveller is bowdlerised to make its content more acceptable to Western eyes and translates the word 'bazr' ( بَظْرٌ ) as 'clitorial prepuce' instead of simply 'clitoris' (see section [[#Defining Bazr|Defining Bazr)]].'''
'Reliance of the Traveller' by by Ahmad ibn Naqib al-Misri (1302–1367) is the Classic Manual of Islamic Sacred Law according to Shafi'i School. {{Quote|''Reliance of the Traveler'' [''Umdat al-Salik''], Section e4.3 on Circumcision|'''Obligatory (on every male and female) is circumcision.''' (And it is the cutting-off of the skin [''qat' al-jaldah''] on the glans of the male member and, '''as for the circumcision of the female, that is the cutting-off of the clitoris')}}Nuh Ha Mim Keller's 1991 translation of Reliance of the Traveller is bowdlerised to make its content more acceptable to Western eyes and translates the word 'bazr' ( بَظْرٌ ) as 'clitorial prepuce' instead of simply 'clitoris' (see section [[#Defining Bazr|Defining Bazr)]].


===Hanbali Madhab===
===Hanbali Madhab===
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===Islamic sources===
===Islamic sources===
The hadith [[#other ladies|'One Who Circumcises Other Ladies']] suggests that FGM was practiced by the Banu Quraysh, Mohammed's native tribe, and that the FGM reported in the Hadith (which therefore took place after Mohammed's migration to Medina) was a practice carried over from pre-Islamic Mecca.{{Quote|{{Bukhari|5|59|399}}|“[…] I went out with the people for the battle. When the army aligned for the fight, Siba’ came out and said, ‘Is there any (Muslim) to accept my challenge to a duel?’ Hamza bin `Abdul Muttalib came out and said, ‘O Siba’. O Ibn Um Anmar, '''the one who circumcises other ladies!''' Do you challenge Allah and His Apostle?’ […]”}}The Hadith tells how, prior to the actual fighting, Hamza, one of Mohammed’s companions, taunts the Meccan warrior, Siba. Hamza implies that Siba is like ‘Ibn Um Anmar’ – a woman who was a known circumciser of women. The more descriptive phrase ‘muqteh al-basr‘ – ‘one who cuts clitorises‘ – is used rather than the usual KHITAN.
The hadith [[#other ladies|'One Who Circumcises Other Ladies']] suggests that FGM was practiced by the Banu Quraysh, Mohammed's native tribe, and that the FGM reported in the Hadith (which therefore took place after Mohammed's migration to Medina) was a practice carried over from pre-Islamic Mecca.{{Quote|{{Bukhari|5|59|399}}|“[…] I went out with the people for the battle. When the army aligned for the fight, Siba’ came out and said, ‘Is there any (Muslim) to accept my challenge to a duel?’ Hamza bin `Abdul Muttalib came out and said, ‘O Siba’. O Ibn Um Anmar, '''the one who circumcises other ladies!''' Do you challenge Allah and His Apostle?’ […]”}}The Hadith tells how, prior to the battle of Uhud, Hamza, one of Mohammed’s companions, taunts the Meccan warrior, Siba. Hamza implies that Siba is like ‘Ibn Um Anmar’ – a woman who was a known circumciser of women. The more descriptive phrase ‘muqteh al-basr‘ – ‘one who cuts clitorises‘ – is used rather than the usual KHITAN.


This taunt suggests that clitoridectomy was practiced by the Quraysh, and that it was a role reserved for women, probably of low-status, hence its insulting nature when directed against a warrior. The taunt could only be effective if it humiliated Siba in the eyes of ''both'' his fellow Meccan warriors and also the muslim warriors. Thus its use implies that members of both camps had knowledge of the practice and a shared culture of clitoridectomy. The fact that a circumciser of women could be famous (or notorious) also suggests that it was an established practice with the Meccan Quraysh.
This taunt suggests that clitoridectomy was practiced by the Quraysh, and that it was a role reserved for women, probably of low-status, hence its insulting nature when directed against a warrior. The taunt could only be effective if it humiliated Siba in the eyes of ''both'' his fellow Meccan warriors and also the Muslim warriors. Thus its use implies that members of both camps had knowledge of the practice and a shared culture of clitoridectomy. The fact that a circumciser of women could be famous (or notorious) also suggests that it was an established practice with the Meccan Quraysh.


===Non-Islamic sources===
===Non-Islamic sources===
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===Islamic Doctrine that creates social conditions favourable to FGM===
===Islamic Doctrine that creates social conditions favourable to FGM===
A culture's kinship system has far reaching consequences - determining laws, beliefs and institutions that, at first sight, can appear only distantly related. From the the previous section, it might be remarked that Islam, by allowing and encouraging polygyny, not only reproduces the originating conditions for FGM but also enshrines in law and custom some secondary consequences of polygyny - such as bride-price, veiling, gender segregation, and arranged and child marriage, and excessive preoccupation with feminine 'purity'.  
A culture's kinship system has far reaching consequences - determining laws, beliefs and institutions that, at first sight, can appear only distantly related. From the the previous section, it might be remarked that Islam, by allowing and encouraging polygyny, not only reproduces the originating conditions for FGM but also enshrines in law and custom secondary consequences of polygyny, such as bride-price, veiling, gender segregation, arranged and child marriage, and excessive preoccupation with feminine 'purity'. Indeed, Islam could be characterised as ''the codification and sacralisation of polygyny, and of the consequences of polygyny''.  


Indeed, Islam could be characterised as ''the codification and sacralisation of polygyny, and of the consequences of polygyny''.
Monogamous kinship systems approach a state of equilibrium where every man and woman can expect to find a spouse. This state of equilibrium is impossible in a polygynous system. Females become a commodity with both inherent value (their beauty, reproductive and home-making capacities) and value as a status symbol (the more wives you have the higher your status). This fuels a dynamic where the demand for marriageable females always exceeds the supply, where elite men can never have enough wives and poor men are doomed to systemic bachelorhood.


Monogamous kinship systems approach a state of equilibrium where every man and woman can expect to find a spouse. This state of equilibrium is impossible in a polygynous system. Females become a commodity with both an inherent value (beauty, the pleasure they give, their reproductive capacity) and also value as a status symbol (the more wives you have the higher your status). This fuels a dynamic where the demand for marriageable females always exceeds the supply, where elite men can never have enough wives and poor men are doomed to systemic bachelorhood.
The 'bride-famine' that develops amongst poor low-status men is alleviated by introducing ever more females to the marriage market: children, cousins, and females captured in raids (either to be taken as wives by the raiders, or sold as sex-slaves to the elite). Where such raids are not an option - young men direct their sexual frustration towards those closer to home: the girls and women of their community. This makes for sexually violent societies. And because polygyny turns marriageable females into scarce and valued commodity, the anxiety of families and husbands with regard to the chastity and purity of their females is amplified and becomes neurotic.


Marriageable females are disproportionately accumulated by elite men. They become a scarce and valued asset that needs to be protected and exploited, 'bride-famines' develop amongst poor low-status men, that are alleviated by introducing ever more females to the marriage market: children, cousins, and females captured in raids (either to be taken as wives by poor men, or sold as sex-slaves to the elite).
Because of the supposed ‘perfection’ of Islam, Muslims are unable to identify the social causes of the sexual violence endemic to their societies. It is instead attributed to notions that female sexuality is excessive, indiscriminate and dangerous if left unchecked by chastity assurance measures such as FGM. Islam thus creates a concurrence of dysfunctional marital, sexual and kinship practices. It overvalues the chastity and purity of females whilst, at the same time, creating sexually violent societies which put that very chastity and purity at increased risk. The solutions Islam offers to this conundrum exacerbate the problems thus creating a social and normative context in which chastity assurance measures such as FGM, become useful or even necessary.
 
Because of the supposed ‘perfection’ of Islam, Muslims are unable to identify the real causes of the sexual violence endemic to their societies. It is instead attributed to notions that female sexuality is excessive, indiscriminate and dangerous if left unchecked by chastity assurance measures such as FGM. Islam thus creates a perfect storm of dysfunctional marital, sexual and kinship practices. It massively overvalues the chastity and purity of females whilst, at the same time, creating sexually violent societies which put that very chastity and purity at increased risk. The solutions Islam offers to this conundrum exacerbate the problems, and thus creating a social and normative context in which chastity assurance measures such as FGM, become useful or even necessary.
 
Thus Islam establishes a positive feedback loop: Islamic polygyny deprives poor young men of sexual or affective hope; this generates sexual violence; from which Islam protects girls and women by further segregating and isolating them.


====sex-slavery====
====sex-slavery====
Sex-slavery is a consequence of polygyny and Islam allows both slavery and sex slavery. The scarcity of females creates a sexual, affective and marital famine at the bottom of society which has been traditionally solved either by poor young men forming militias and capturing females from neighbouring tribes, or by them engaging in sexual violence towards girls and women of their own community.
Islam permits [[Women in Islamic Law|sex-slavery]], nor limits the number of sex-slaves a man can own.  


This fosters conditions where girls and women are at a heightened risk of sexual violence, increasing the utility or necessity for Chastity Assurance practices such as FGM.
Gerry Mackie suggests that it is ''extreme polygyny'' that gives rise to chastity assurance measures such as FGM. Extreme polygyny is only possible if sex-slaves are introduced into the system. We can note that the famously large harems of the Sultans, Shahs and Sheiks scrupulously respected Islamic law (e.g. the Sultan Moulay Ismail Ibn Sharif of Morocco<ref>'[https://www.psychologytoday.com/intl/blog/locus-control/201008/all-my-888-children All my 888 children' by Nando Pelusi Ph.D. in Psychology Today]


The introduction of sex-slaves into the polygynous system aggravates the bride-famine. If Islam had limited the number of wives a man can have to four, and also forbidden sex-slavery, the polygynous gradient would have been less steep, and indeed, polygyny would have probably have become increasingly moderate and rare and eventually died out. But by allowign sex-slavery Islam has smuggled unregulated polygyny - if a man is rich enough he can have as many 'concubines' as he likes. A steep polygynny gradient intensifies the communities hyperynous urges and the proportion of young men systemically doomed to bachelerhood.
<br /></ref> had four wives and at least 500 'concubines', and Fat′h Ali Shah Qajar, the second Shah of Iran, also had 4 wives, but also a harem of 800-1000 'concubines'). Extreme polygyny without sex-slavery (i.e. females forcibly imported into the system) creates correspondingly extreme bride-famines at the bottom of society, and also deprives the affected men of a means whereby to relieve that famine. This makes for unstable societies - where the interdiction on capturing sex-slaves would not, anyway, be respected.  


This explains the observation made by social scientists such as Joseph Heinrich et al and William H Tucker (“Marriage and Civilization: how monogamy made us human”) that polygynous societies are by their very nature belligerent and sexually violent.
Furthermore polygyny that is strictly restricted to a maximum of four wives (with no sex-slavery permitted) loses its power as a status symbol and becomes less desirable to elite men, and likewise diminishes the community's hypergynous drive. Thus in the absence of sex-slavery polygyny tends to diminish and die out.  


====mahr====
====mahr====
Islamic law makes mandatory the payment of bride-price by the groom (or his family) to the bride (or her family).
All marriages in polygynous kinship systems require that a bride-price be paid by the groom to the bride. The scarcity of marriageable women which polygyny causes turns them into a valuable asset, to be cashed in when she is 'sold' in marriage. The scarcer marriageable women are the greater the dowries. This makes marriage unaffordable to low-ranking young men, even if they do manage to find a bride. It is a notable feature of folk tales from polygynous societies (such as ''<nowiki/>'One Thousand and One Nights''') that their heroes are often poor young men (such as Aladdin) who loves a girl, but who can not afford the bride-price. The story is resolved when he becomes rich and powerful enough to pay the bride-price and marry her.
All marriages in polygynous kinship systems require that a bride-price be paid by the groom to the bride. The scarcity of marriageable women which polygyny causes turns them into a valuable asset, to be cashed in when she is 'sold' in marriage. The scarcer marriageable women are the greater the dowries. This makes marriage unaffordable to low-ranking young men, even if they do manage to find a bride. It is a notable feature of folk tales from polygynous societies (such as ''<nowiki/>'One Thousand and One Nights''') that their heroes are often poor young men (such as Aladdin) who loves a girl, but who can not afford the bride-price. The story is resolved when he becomes rich and powerful enough to pay the bride-price and marry her.


But if a girl is perceived to be unchaste, or if she’s been a victim of sexual violence, she becomes impure and un-marriageable and loses all her economic value. This leaves her family stuck with a valueless commodity that they must support for the rest of their lives. Thus this economic aspect introduced by bride-price creates a further incentive for parents to engage in chastity assurance practices (such as FGM).
But if a girl is perceived to be unchaste, or if she’s been a victim of sexual violence, she becomes impure and un-marriageable and loses all her economic value. This leaves her family stuck with a valueless commodity that they must support for the rest of their lives. Thus this economic aspect introduced by bride-price creates a further incentive for parents to engage in chastity assurance practices (such as FGM).


Islamic law makes mandatory the payment of bride-price by the groom (or his family) to the bride (or her family).
<br />


====child marriage====
====child marriage====
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