Female Genital Mutilation in Islamic Law: Difference between revisions

[[File:712px-fgc types-ii.svg .jpg|thumb|274x274px|Female Genital Mutilation]]

'''Female Genital Mutilation''' (Arabic: ختان المرأة) is the practice of cutting away and altering the external female genitalia for ritual or religious purposes. It can involve both or either '''Clitoridectomy''' and '''Excision'''. Clitoridectomy is the amputation of part or all of the clitoris or the removal of the clitoral prepuce. '''Excision''' is the cutting away of either or both the inner and outer labia. A third practice, '''Infibulation''' (or Pharaonic circumcision), is the paring back of the outer labia, whose cut edges are then stitched together to form, once healed, a seal that covers both the openings of the vagina and the urethra. Infibulation usually also includes clitoridectomy.   

The FGM hadith give very few clues as to ''the nature'' of the practice they approve. Hence the nature, incidence and distribution of FGM varies between countries and communities. The most significant determining factor appears to be the presiding school of Islam ([[Fiqh (Islamic Jurisprudence)|fiqh]]). Other factors include the culture's level of anxiety around female sexuality, its proximity to Islamic slave-trade routes (Infibulation is associated with the transportation of slaves), and the nature and degree of Christian influence.

==FGM in the Hadith==

{{anchor|hadith}}

===Hadith: Muhammad===

====The Fitrah Is Five Things====

====A Preservation of Honor for Women====

====Do Not Cut Severely====

===Hadith: The Sahabah (the Companions of Muhammad)===

The following three hadith touch on FGM, but do not involve Muhammad.

====In Bukhari's al-Adab al-Mufrad====

The following two hadiths come from Al-Adab Al-Mufrad. This is a collection of hadith about the manners of Muhammad and his companions, compiled by the Islamic scholar al-Bukhari. It contains 1,322 hadiths, most of which focus on Muhammad's companions rather than Muhammad himself. Al-Bukhari's evaluation of the hadiths within ''al-Adab al-Mufrad'' was not as rigorous as for his best-known collection ''[[Sahih Bukhari]]''. The Adab have less doctrinal authority than hadith featuring Muhammad. However, scholars have ruled most of the hadith in the collection as being ''sahih'' (authentic) or ''hasan'' (sound).

=====Go and Circumcise Them and Purify Them=====

{{Quote|1=[https://sunnah.com/adab/53/2 Al-Adab Al-Mufrad 53:1245]|2=An old woman from Kufa, the grandmother of 'Ali ibn Ghurab, reported that Umm al-Muhajir said, "I was captured with some girls from Byzantium. 'Uthman offered us Islam, but only myself and one other girl accepted Islam. 'Uthman said, "Go and '''circumcise''' [فَاخْفِضُو - khaffad] them and purify them."'}}فَاخْفِضُو (khaffad) translates as 'lower them' or 'trim them'.

==FGM and the Schools of Islamic Law==

[[File:Madhhabplusfgm.jpeg|alt=Maps showing distribution of madhaps and prevalence of FGM|thumb|Maps showing distribution of madhaps and prevalence of FGM|link=https://wikiislam.net/wiki/File:Madhhabplusfgm.jpeg|400x400px]]Only one school of Islam - the Shafi'i - makes FGM universally obligatory. The other schools of Islam recommend it with differing levels of obligation. Since nothing that Muhammad allowed can be prohibited, no school of Islam can forbid FGM. Differences in hermeneutics (methodologies of interpretation of texts, especially religious and philosophical texts) result in certain Hadith having more weight and influence in some schools than in others. The hadith {{Abu Dawud|41|5251}} is an example of this:{{Quote|{{Abu Dawud|41|5251}}|Narrated Umm Atiyyah al-Ansariyyah: A woman used to perform circumcision in Medina. The Prophet (peace be upon him) said to her: '''Do not cut ''severely''''' as that is better for a woman and more desirable for a husband.}}Shafi’i and Hanbali scholars have evaluated this hadith as being ''sahih.'' Consequently, these schools consider FGM as being either obligatory or highly recommended, and FGM is very common or nearly universal amongst their followers. Maliki and Hanafi scholars have evaluated this Hadith as being ''mursal'' (good but missing an early link in its [[isnad]]) or ''daif'' (weak)– possibly explaining the lower rates of FGM amongst followers of these schools. However, it may be that followers of the Maliki and Hanafi schools who are devout (or who wish to ''appear'' devout) will tend to treat as 'obligatory' practices that are merely 'recommended' – since for the devout anything that is recommended should be definitely done.

{{Quote|[https://web.archive.org/web/20220221050837/https%3A%2F%2Fwww.thenewhumanitarian.org%2Fq-and%2F2005%2F03%2F08%2Firin-interview-sheikh-omer-muslim-religious-leader IRIN interview with Sheikh Omer, a Muslim religious leader, Ethiopia (2005)]|“Medical research […] does not show that the Sunnah circumcision – cutting only the outer part of the clitoris – has caused any medical complications […] Islam condones the Sunnah circumcision; it is acceptable. What’s forbidden in Islam is the pharaonic circumcision [...] Islamic scholars believe that female circumcision is different from male circumcision. They have a strong view that female circumcision is allowed, and that there is no evidence from Islamic sources prohibiting female circumcision, unless it is pharaonic.”}}'<nowiki/>'''Pharaonic circumcision'''<nowiki/>' is a synonym for Infibulation.{{Quote|[https://web.archive.org/web/20220221051024/https%3A%2F%2Fislamqa.info%2Fen%2Fanswers%2F82859%2Fis-there-any-saheeh-hadeeth-about-the-circumcision-of-females Is there any saheeh hadeeth about the circumcision of females? (2006)]|"It is also indicated by the general meaning of the evidence that has been narrated concerning circumcision, such as the hadeeth in al-Bukhaari (5891) and Muslim (527) from Abu Hurayrah (may Allaah be pleased with him): 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.”   

[...]The Shaafa’is, the Hanbalis according to the well-known view of their madhhab, and others are of the view that circumcising women is obligatory. Many scholars are of the view that it is not obligatory in the case of women; rather it is Sunnah and is an honour for them.  

The issue of Female Genital Mutilation was discussed by Muzakarah The 87th National Fatwa Committee convened on 23-25 June 2009. In this conference, Muzakarah members agreed decided that: After examining the evidence, arguments and views submitted, Muzakarah is of the view that the practice of circumcision for women is part of the syiar of the ummah Islam. While the practice of Female Genital Mutilation (FGM) is contrary to the practice of circumcision prescribed by syarak. Accordingly, in line with the view jumhur ulama, Muzakarah agreed to decide that the law circumcision for women is compulsory. However, if it can bring harm to oneself, then it is should be avoided."}}[[File:Fgmflyer-mozlem-brotherhood.jpg|thumb|Muslim Brotherhood flyer promoting FGM (amongst other medical services)|link=]]{{Quote|[https://web.archive.org/web/20220221051746/https%3A%2F%2Fwww.opendemocracy.net%2Fen%2F5050%2Fmutilating-bodies-muslim-brotherhoods-gift-to-egyptian-women%2F Mutilating bodies: the Muslim Brotherhood’s gift to Egyptian women, (2012)]|“The second strategy of the [Muslim Brotherhood] to contest the undesirability of FGM is to present it as a medical operation or procedure. By doing so, they encourage people to go to doctors – rather than midwives – who will perform the “operation” under anaesthesia and in accordance with proper surgical procedures […] Some people talk about taking their daughters to the doctor to check whether “they need it or not”, as if there is a physiological condition that would justify mutilating a woman’s reproductive organs […] Some doctors believe that not circumcising females leads to sexual arousal and that this could lead to the committing unlawful acts. So circumcision is a duty for the protection of the honour of the believing woman and for the preservation of her chastity and purity […] The third strategy deployed by the Brothers to promote FGM is to push for its decriminalization, under the premise that it is a matter that should be left to the personal choice of the girls’ guardians […] “the decision is up to the guardian and the doctor who decides on the extent to which the girl needs this operation”}}{{Quote|[https://web.archive.org/web/20220220085932/https%3A%2F%2Fwww.memri.org%2Ftv%2Fegyptian-cleric-supports-fgm-cites-protocols-elders-zion Egyptian Cleric: Female Circumcision Has Economic Benefits; Jews Fight It in Keeping with Protocols of the Elders of Zion, (2017)]|"The discussion about female circumcision goes back to the past century. The first time that this subject was debated extensively was in the past century. Who were the first to talk about it? The Jews. They do not want Islam or the Muslims to be pure, developed, and civilized, so they started talking about it [...]In The Protocols of the Elders of Zion it is written: 'We must strive for the collapse of morals, so that it will be easier for us to dominate the world.'[...] Female circumcision is a preventive medical measure. Someone who is uncircumcised will be afflicted with many serious diseases{...]"}}{{Quote|[https://web.archive.org/web/20220221052815/https%3A%2F%2Fislamqa.info%2Fen%2Fanswers%2F60314%2Fcircumcision-of-girls-and-some-doctors-criticism-thereof Circumcision of girls and some doctors’ criticism thereof] – islamqa (2018)]|“Circumcision is not an inherited custom as some people claim, rather it is prescribed in Islam and the scholars are unanimously agreed that it is prescribed. Not a single Muslim scholar – as far as we know – has said that circumcision is not prescribed. Their evidence is to be found in the saheeh ahaadeeth of the Prophet, which prove that it is prescribed [...] With regard to the criticism of circumcision by some doctors, and their claim that it is harmful both physically and psychologically, This criticism of theirs is not valid. It is sufficient for us Muslims that something be proven to be from the Prophet [...], then we will follow it, and we are certain that it is beneficial and not harmful. If it were harmful, Allaah and His Messenger [...] would not have prescribed it for us [...] As for the opinions of doctors who say that female circumcision is harmful, these are individual opinions which are not derived from any agreed scientific basis, and they do not form an established scientific opinion […] medical theories about disease and the way to treat it are not fixed, rather they change with time and with ongoing research. So it is not correct to rely on them when criticizing circumcision which the Wise and All-Knowing Lawgiver has decreed in His wisdom for mankind. Experience has taught us that the wisdom behind some rulings and Sunnahs may be hidden from us. May Allaah help us all to follow the right path.”}}

===Critical===

===FGM Existed Before Islam===

The archaeological and historical record do indeed amply demonstrate that FGM existed before Islam (see [[Female Genital Mutilation in Islam#FGM before Islam]] )   

The premise of this argument is that if a practice existed before Islam then it can not be Islamic. Critics point out that monotheism, praying, heaven and hell, male circumcision, pilgrimage to Mecca, the veneration of the Kaaba, abstention from pork, giving to charity, the paying of bride-price, polygyny, interdictions on lying and murder, and much more all existed before Islam. These pre-Islamic practices became Islamic when, and because, Muhammad integrated them into the religion he was inventing.   

===FGM Is an African Practice===

FGM did exist in parts of Africa before parts of it were Islamised – notably Egypt and the West coast of the Red Sea (see [[Female Genital Mutilation in Islam#Non-Islamic sources]]).   

#about 40% of FGM takes place outside of Africa, in South Asia in particular.<ref name=":0" />

===Christians Practice FGM Too===

It is correct that some Christians practice FGM. Indeed about 20% of global FGM is attributable to non-Muslims, for the most part Christians.<ref name=":0">[https://web.archive.org/web/20220224141553/https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/ What Percentage of Global FGM is done by Moslems?]</ref>

</gallery>

===Not All Muslims Practice FGM===

Dr. Ashenafi Moges (2009)]|However, '''not all Muslims practise FGM''', for example, it is not practised in Saudi Arabia, Libya, Jordan, Turkey, Syria, the Maghreb countries of northwest Africa, Morocco, Iran and Iraq. All the Muslims in FGM practicing countries do not practice it, for example, in the case of Senegal where 94% of the population are Muslims only 20% practice FGM (Mottin-Sylla 1990). }}('''NB''' - since Dr Ashenafi Moges published the above-cited essay, FGM has been reported in Jordan, Syria, Iran and Iraq and many other Middle East countries. A study has found FGM-rates of 20% in Jeddah, Saudi Arabia<ref>[https://web.archive.org/web/20220224142953/https://www.middleeastmonitor.com/20190606-almost-1-in-5-women-in-saudi-subject-to-fgm/ Almost 1 in 5 women in Saudi subject to FGM] (2019)</ref>)

===The FGM Hadith Are Weak===

The statement came as a response to the Tadwin Center for Gender Studies, who has urged the Sheikh of Al-Azhar to reconsider unreliable fatwas released by some members of the faculty of Al-Azhar University who claim '''FGM is a religious necessity based on weak Hadith'''.}}Some of the FGM hadith are considered weak by some scholars and schools of Islam.     

That some form of FGM was practiced by the Sahabah (Muhammad's Companions) is amply demonstrated by the hadith. The Hanbali, Maliki and Shafi'i schools of Islam all have as their principle [[Daleel|daleels]] (interpretative heuristics) the consideration of what the Sahabah did or thought (Ijma, Ijtihad and Amal). The deeds and words of the Muhammad's companions are therefore second only to the Quran and Sunnah in determining what is Islamic or not - and come into play when the Qur'an and Hadith don't resolve an issue. The Hanafi school is the exception since it ascribes a lesser importance to the deeds and words of the Sahabah - which may explain why the Hanafi madhab rules FGM as merely 'optional' and why Hanafi Muslims generally don't practice FGM.<ref>[https://www.academia.edu/39727001/FOUR_SCHOOLS_OF_SUNNI_LAW Four Schools of Sunni Law] - Fatima Tariq</ref> <ref>[https://www.academia.edu/35835897/ISLAMIC_JURISPRUDENCE_FIQH <nowiki>Islamic Jurisprudence [Fiqh]</nowiki>] - Tej Chopra</ref>       

===The Qur'an Forbids Mutilation===

{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam' - Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)]|the general rule is that

==='Circumcision' is not Mutilation===

The limited, prescribed religious ritual of female circumcision has been regrettably deemed by the WHO to be a form of female genital mutilation [...] The classification of female circumcision as FGM “reinforces the image of female circumcision as a barbaric one, practiced by an uncivilised people.” Conflating the practice of female circumcision with mutilation prohibits any possibility of impartiality in considering the practice as a legitimate, protected religious rite.}}

<nowiki/><nowiki/>'''<nowiki/><nowiki/><nowiki/>'''

===There Is No Record of Muhammad Having His Wives or Daughters Circumcised===

The Qur'an, hadith and sirat contain no reference to Muhammad having his wives or daughters mutilated.   

FGM in Islamic cultures is matriarchal, taboo-ridden and secretive affair, usually arranged by female relatives. The hadith '[https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#Do_Not_Cut_Severely do not cut severely]' and '[https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#One_Who_Circumcises_Other_Ladies One who circumcises other ladies]' depict women performing the mutilation, not men. Male family members are excluded and may not even realise that their community engages in the practice.<ref>[https://web.archive.org/web/20220224150815/https://www.theguardian.com/commentisfree/2016/feb/08/victim-fgm-speaking-out-cut-genitals-culture-of-silence I’m a survivor of female genital cutting and I’m speaking out – as others must too - Maryum Saifee]</ref>   

He was even more stunned when, on raising the issue with a sister, he learnt that she, his other sisters and his mother had all undergone FGM. }}

===Muhammad Wanted to Forbid FGM but Couldn't===

However Muhammad's words are more advice than criticism. An analogy might be a consultant surgeon advising a junior surgeon to ''"not make too deep an incision in case you cut an artery"''. Such a statement does not imply that the consultant surgeon is against or critical of the surgical procedure in question - quite the contrary, such a statement show that the surgeon approves of the procedure.  

His followers obeyed these new rules. How much more willingly would his followers have abandoned a practice that is harmful, and that must be distressing for loving parents to perform and witness?

==See Also==