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')}} | '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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In 2017 two doctors and a third woman connected to the Dawoodi Bohra in Detroit, Michigan, were arrested on charges of conducting FGM on two seven-year-old girls in the United States. Their Attorney confirmed that FGM was, for her clients, a religious practice<ref>[https://edition.cnn.com/2017/04/26/health/fgm-indictment-michigan/index.html Prosecutor: 'Brutal' genital mutilation won't be tolerated in US]</ref>: | In 2017 two doctors and a third woman connected to the Dawoodi Bohra in Detroit, Michigan, were arrested on charges of conducting FGM on two seven-year-old girls in the United States. Their Attorney confirmed that FGM was, for her clients, a religious practice<ref>[https://edition.cnn.com/2017/04/26/health/fgm-indictment-michigan/index.html Prosecutor: 'Brutal' genital mutilation won't be tolerated in US]</ref>: | ||
{{Quote|[https://edition.cnn.com/2017/04/26/health/fgm-indictment-michigan/index.html 'Prosecutor: 'Brutal' genital mutilation won't be tolerated in US' - CNN]|'They have a [right] to practice their religion. And they are Muslims and they’re being under attack for it. I believe that they are being persecuted because of their religious beliefs'}} | {{Quote|[https://edition.cnn.com/2017/04/26/health/fgm-indictment-michigan/index.html 'Prosecutor: 'Brutal' genital mutilation won't be tolerated in US' - CNN]|'They have a [right] to practice their religion. And they are Muslims and they’re being under attack for it. I believe that they are being persecuted because of their religious beliefs'}}<br /> | ||
== Fatwas == | |||
=== Traditional === | |||
=== Modern Fatwas === | |||
note that many of these are secondary or even tertiary sources | |||
==== favourable ==== | |||
==== Critical ==== | |||
==FGM before Islam== | ==FGM before Islam== | ||
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'''Paulus of Aegina''' (Aegina is one of the Saronic islands of Greece), a 7th Century AD urologic surgeon, was something of an expert and gives his version of how to perform the procedure (the word ‘nympha’ usually refers the labia minora, but here seems to be being also used of the clitoris): | '''Paulus of Aegina''' (Aegina is one of the Saronic islands of Greece), a 7th Century AD urologic surgeon, was something of an expert and gives his version of how to perform the procedure (the word ‘nympha’ usually refers the labia minora, but here seems to be being also used of the clitoris): | ||
{{Quote|Paulus of Aegina “De Re Medica” book 7|'In certain women the nympha is excessively large and presents a shameful deformity, insomuch that, as has been related, some women have had erections of this part like men, and also venereal desires of a like kind. Wherefore, having placed the woman in a supine posture, and seizing the redundant portion of the nympha in a forceps we cut it out with a scalpel, taking care not to cut too deep lest we occasion the complaint called rhoeas'}} | {{Quote|Paulus of Aegina “De Re Medica” book 7|'In certain women the nympha is excessively large and presents a shameful deformity, insomuch that, as has been related, some women have had erections of this part like men, and also venereal desires of a like kind. Wherefore, having placed the woman in a supine posture, and seizing the redundant portion of the nympha in a forceps we cut it out with a scalpel, taking care not to cut too deep lest we occasion the complaint called rhoeas'}} | ||
== | ==Polygyny and the social origins of FGM== | ||
The previous section shows that FGM existed before Islam. The fact that FGM can exist without it being justified by religious doctrine suggests that it may also have social causes. In the modern world, the most notable examples of FGM being practiced without religious justification is the FGM practiced by the Emberá people of South America<ref>[https://www.panoramas.pitt.edu/health-and-society/eliminating-fgm-embera-tribes-story Eliminating FGM: The Embera Tribe's Story]</ref> and the initiation rituals of the Liberian Sandé<ref>[https://www.refworld.org/pdfid/54bcdf574.pdf Country Profile: FGM in Liberia, December 2014]</ref> (though both ultimately appear to have their roots in the Islamic slave trade). There is also the analogous practice of Chinese footbinding, which was essentially secular. | The previous section shows that FGM existed before Islam. The fact that FGM can exist without it being justified by religious doctrine suggests that it may also have social causes. In the modern world, the most notable examples of FGM being practiced without religious justification is the FGM practiced by the Emberá people of South America<ref>[https://www.panoramas.pitt.edu/health-and-society/eliminating-fgm-embera-tribes-story Eliminating FGM: The Embera Tribe's Story]</ref> and the initiation rituals of the Liberian Sandé<ref>[https://www.refworld.org/pdfid/54bcdf574.pdf Country Profile: FGM in Liberia, December 2014]</ref> (though both ultimately appear to have their roots in the Islamic slave trade). There is also the analogous practice of Chinese footbinding, which was essentially secular. | ||
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===the function of FGM=== | ===the function of FGM=== | ||
Mackie sees FGM as having its roots in polygyny, particularly the kind of extreme polygyny that could exist at the heart of empires. In polygynous societies it is only rich and high-status men who are able to afford to keep multiple wives. However, these high-status polygynous men face a problem guaranteeing the fidelity of their many wives - and the more wives they have the greater that problem becomes. In a monogamous marriage, by comparison, a husband and wife can spend much time together (and thus can monitor each others fidelity), become close to one another, and their sexual and emotional needs and capacity are more-or-less proportional. A polygynous man may have two, four, a hundred or some times even a thousand 'concubines' (note that Islamic law, whilst limiting the number of wives a man can have, places no limit on the number of sex-slaves a man can own), whom he must satisfy emotionally and sexually, keep faithful, and whose desire for motherhood he must also satisfy. If one of his wive's needs are not satisfied, she will be tempted be unfaithful, and this may result in the high-status man rearing a child that is not his own. Which, in terms of genetic evolution, is a disaster for the man. | Mackie sees FGM as having its roots in polygyny, particularly the kind of extreme polygyny that could exist at the heart of empires. | ||
Polygyny is the norm with humanity - approximately 85% of societies in the anthropological record permit men to marry multiple wives<ref>'[https://royalsocietypublishing.org/doi/pdf/10.1098/rstb.2011.0290 The puzzle of monogamous marriage' Joseph Henrich et al.]</ref>. Although our first human ancestors were probably monogamous, once the accumulation and displacement of wealth became possible, powerful men started also accumulating wives. | |||
In polygynous societies it is only rich and high-status men who are able to afford to keep multiple wives. However, these high-status polygynous men face a problem guaranteeing the fidelity of their many wives - and the more wives they have the greater that problem becomes. In a monogamous marriage, by comparison, a husband and wife can spend much time together (and thus can monitor each others fidelity), become close to one another, and their sexual and emotional needs and capacity are more-or-less proportional. A polygynous man may have two, four, a hundred or some times even a thousand 'concubines' (note that Islamic law, whilst limiting the number of wives a man can have, places no limit on the number of sex-slaves a man can own), whom he must satisfy emotionally and sexually, keep faithful, and whose desire for motherhood he must also satisfy. If one of his wive's needs are not satisfied, she will be tempted be unfaithful, and this may result in the high-status man rearing a child that is not his own. Which, in terms of genetic evolution, is a disaster for the man. | |||
In order to assure themselves of the chastity and fidelity of their many wives, polygynous men have developed a variety of practices which safeguard and assure a girl or woman's chastity: | In order to assure themselves of the chastity and fidelity of their many wives, polygynous men have developed a variety of practices which safeguard and assure a girl or woman's chastity: | ||
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===there is no FGM in the Qur'an=== | ===there is no FGM in the Qur'an=== | ||
see '''[[#quran|FGM in the Qur'an]]''' | see '''[[#quran|FGM in the Qur'an]]''' | ||
=== 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=== | ||