User:Flynnjed/Sandbox: Difference between revisions

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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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==FGM as Un-Islamic==
==FGM as Un-Islamic==


=== A History of FGM as Un-Islamic ===
===A History of FGM as Un-Islamic===
{{Quote|[https://www.memri.org/tv/egyptian-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']|”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.”}}
{{Quote|[https://www.memri.org/tv/egyptian-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']|”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.”}}
As Abd Al-Wahhab Al-Maligi says in the above quote, the idea that FGM might be in any way un-Islamic first arose in past three or four decades. Islam is 1400 years old; the various schools of Islam made their pronouncements on FGM in the centuries immediately following Mohammed’s death; this having been done, Islam appears to have given the practice no more thought till very recently: the earliest fatwa clearly critical of FGM appears to be one from 1984.
As Abd Al-Wahhab Al-Maligi says in the above quote, the idea that FGM might be in any way un-Islamic first arose in past three or four decades. Islam is 1400 years old; the various schools of Islam made their pronouncements on FGM in the centuries immediately following Mohammed’s death; this having been done, Islam appears to have given the practice no more thought till very recently: the earliest fatwa clearly critical of FGM appears to be one from 1984.
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fgm in europe (show map)  
fgm in europe (show map)  
==== lack of consensus of scholars ====


====not all muslims practice FGM====
====not all muslims practice FGM====
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weak hadith can be used if supported by stronger hadith
weak hadith can be used if supported by stronger hadith
====Hadith don't matter====
none of the 5 pillars of Islam explained in Qur'an, but need hadith
when Qur'an 9:5 mentioned apologists are keen to turn to hadith to justify it or excuse it.


====mutilation is forbidden by Qur'an====
====mutilation is forbidden by Qur'an====
===='sunnah circumcision'====
mention reliance of the traveller mistranslation
====equivocation====
====equivocation====
{{anchor|equivocation}}Since the 1990s Islamic scholars, clerics and other sources have issued fatwas and statements that appear to criticise, condemn and even forbid FGM. However, an alert reading of these reveals that they virtually all engage in some form of equivocation ('deliberate evasiveness in wording : the use of ambiguous or equivocal language') in order to appear to be more critical of FGM than they are.   
{{anchor|equivocation}}Since the 1990s Islamic scholars, clerics and other sources have issued fatwas and statements that appear to criticise, condemn and even forbid FGM. However, an alert reading of these reveals that they virtually all engage in some form of equivocation ('deliberate evasiveness in wording : the use of ambiguous or equivocal language') in order to appear to be more critical of FGM than they are.   
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{{Quote|[https://www.academia.edu/6142789/Egypts_Villages_Fight_Female_Genital_Mutilation_WFS_NEWS Dr Ahmed Talib, Dean of the Faculty of Sharia at Al-Azhar University]|“All practices of female circumcision and mutilation are crimes and have no relationship with Islam. Whether it involves the removal of the skin or the cutting of the flesh of the female genital organs… it is not an obligation in Islam.”}}After gaining our trust by forthrightly condemning FGM it could almost pass unnoticed that the implication of his final phrase (‘''it is not an obligation in Islam’'') is that, under Islam, FGM’s legitimacy may stop only just short of ‘obligatory’ - which, of course, could include ''‘highly recommended’''. There is a world of difference between something ''not being obligatory'' and something being ''forbidden:'' the fact something is not ‘obligatory’ in no way implies that it is undesirable, unacceptable or forbidden: owning a dog is not ‘obligatory’ – but that in no way implies that owning a dog is frowned on, discouraged or forbidden; giving to charity is valued, respected and encouraged but, like FGM in Islam, it is not ‘obligatory’. A fatwa may be adorned with much criticism and condemnation of FGM, but if all that criticism amounts to nothing more than a statement that ''‘FGM is not obligatory under Islam’'' – it merely reveals that the author of the fatwa was unable to state that ''‘FGM is forbidden under Islam’''.
{{Quote|[https://www.academia.edu/6142789/Egypts_Villages_Fight_Female_Genital_Mutilation_WFS_NEWS Dr Ahmed Talib, Dean of the Faculty of Sharia at Al-Azhar University]|“All practices of female circumcision and mutilation are crimes and have no relationship with Islam. Whether it involves the removal of the skin or the cutting of the flesh of the female genital organs… it is not an obligation in Islam.”}}After gaining our trust by forthrightly condemning FGM it could almost pass unnoticed that the implication of his final phrase (‘''it is not an obligation in Islam’'') is that, under Islam, FGM’s legitimacy may stop only just short of ‘obligatory’ - which, of course, could include ''‘highly recommended’''. There is a world of difference between something ''not being obligatory'' and something being ''forbidden:'' the fact something is not ‘obligatory’ in no way implies that it is undesirable, unacceptable or forbidden: owning a dog is not ‘obligatory’ – but that in no way implies that owning a dog is frowned on, discouraged or forbidden; giving to charity is valued, respected and encouraged but, like FGM in Islam, it is not ‘obligatory’. A fatwa may be adorned with much criticism and condemnation of FGM, but if all that criticism amounts to nothing more than a statement that ''‘FGM is not obligatory under Islam’'' – it merely reveals that the author of the fatwa was unable to state that ''‘FGM is forbidden under Islam’''.


=== The Question of Responsibility ===
===The Question of Responsibility===
It is wrong to assume that, because an authority or ideology does not require a particular practice, it is therefore not morally responsible for any incidence of that practice that occurs under its aegis: a mother does not need to compel her toddler to play with a loaded gun for her to be considered responsible for any harm that results from it doing so. She merely has to ''allow'' it to play with the loaded gun. Or fail to take reasonable measures to prevent it playing with the loaded gun.
It is wrong to assume that, because an authority or ideology does not require a particular practice, it is therefore not morally responsible for any incidence of that practice that occurs under its aegis: a mother does not need to compel her toddler to play with a loaded gun for her to be considered responsible for any harm that results from it doing so. She merely has to ''allow'' it to play with the loaded gun. Or fail to take reasonable measures to prevent it playing with the loaded gun.


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