Female Genital Mutilation in Islamic Law: Difference between revisions

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FGM long predates Islam. The [[Banu Qurayza|Banu Quraysh]], Muhammad's native tribe, appear to have engaged in the practice. Muhammad maintained the practice after migrating to Medina and is recorded as approving of the practice in four hadith. Two hadith record the [[sahabah]] (Companions of Mohammed) engaging in the practice. (see [[User:Flynnjed/Sandbox#FGM%20in%20the%20Hadith|FGM in the Hadith]])
FGM long predates Islam. The [[Banu Qurayza|Banu Quraysh]], Muhammad's native tribe, appear to have engaged in the practice. Muhammad maintained the practice after migrating to Medina and is recorded as approving of the practice in four hadith. Two hadith record the [[sahabah]] (Companions of Mohammed) engaging in the practice. (see [[User:Flynnjed/Sandbox#FGM%20in%20the%20Hadith|FGM in the Hadith]])


The Qur'an contains no explicit mention of FGM. However, Quran 30:30, by exhorting Muslims to 'adhere to the fitrah' indirectly, but ineluctably exhorts Muslims to engage in FGM. (see FGM in the Qur'an)
The Qur'an contains no explicit mention of FGM. However, Quran 30:30, by exhorting Muslims to 'adhere to the fitrah' indirectly, but ineluctably exhorts Muslims to engage in FGM. (see [[Female Genital Mutilation in Islamic Law#FGM in the Qur.27an|FGM in the Qur'an]])


The practice of FGM varies greatly from community to community and country to country (unlike Islamic male circumcision, where the nature of the mutilation is uniform around the world). This is because the procedure of male circumcision is precisely described in Genesis. Several hadith report Muhammad (and his companions) approving of FGM, but they give very few clues as to ''the nature'' of what he was approving. Consequently the practice of FGM varies greatly from community to community and country to country, depending largely on the presiding school of Islam (fiqh), but also according to 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 and colonization. (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law]])
The practice of FGM varies greatly from community to community and country to country (unlike Islamic male circumcision, the nature of which is uniform around the world). This is because the procedure of male circumcision is precisely described in Genesis. Several hadith report Muhammad (and his companions) approving of FGM, but they give very few clues as to ''the nature'' of what he was approving. Consequently the practice of FGM varies greatly from community to community and country to country, depending largely on the presiding school of Islam (fiqh), but also according to 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 and colonization. (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law]])


In addition to Islamic law that ''explicitly'' addresses FGM, Islamic law favors FGM by creating social conditions that normalise FGM and make the practice useful or necessary. [[Polygamy in Islamic Law|Polygyny]] (the marriage of a man to several women) is permitted in Islam and creates sexually violent societies in which girls and women are at a heightened risk. In response to this heightened risk polygynous societies develop practices which safeguard the 'purity', chastity and reputation of its girls and women. FGM is such a practice, as are [[Child Marriage in Islamic Law|child marriage]], gender segregation, arranged marriages, chaperoning, veiling, 'honour' culture, bride-price ([[Mahr (Marital Price)|mahr]]) and footbinding. Islam's legitimisation of slavery, especially [[Rape in Islamic Law|sex slavery]], appears to also have a significant role in the nature, incidence and distribution of FGM.
In addition to Islamic law that ''explicitly'' addresses FGM, Islamic law favors FGM by creating social conditions that normalise FGM and make the practice useful or necessary. [[Polygamy in Islamic Law|Polygyny]] (the marriage of a man to several women) is permitted in Islam and creates sexually violent societies in which girls and women are at a heightened risk. In response to this heightened risk polygynous societies develop practices which safeguard the 'purity', chastity and reputation of its girls and women. FGM is such a practice, as are [[Child Marriage in Islamic Law|child marriage]], gender segregation, arranged marriages, chaperoning, veiling, 'honour' culture, bride-price ([[Mahr (Marital Price)|mahr]]) and footbinding. Islam's legitimisation of slavery, especially [[Rape in Islamic Law|sex slavery]], appears to also have a significant role in the nature, incidence and distribution of FGM.<!-- add link to sociology section in 'FGM in Islam' -->


There exist numerous fatwas supporting and commanding the practice. Traditional scholars all allow, recommend or mandate FGM (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law)]]. However, over the past half century there has been a growing unease in the Islamic world concerning the practice (largely attributable to a growing awareness of the practice by organisations such as the UN and UNICEF). The earliest fatwa that is clearly critical of FGM appears to have been issued in 1984.<ref name=":1">p54 [https://books.google.fr/books?id=qof6J4n1860C&pg=PA54&lpg=PA54&dq=Sheikh+Abu-Sabib+1984&source=bl&ots=-apLOOha6B&sig=dpINFFLI-N9KO8_FmEET-MDFKbI&hl=en&sa=X&ved=2ahUKEwiXh5Gi5OfcAhVOyoUKHeSgDWUQ6AEwC3oECAgQAQ#v=onepage&q=Sheikh%20Abu-Sabib%201984&f=false "Sexual Mutilations: A Human Tragedy" By International Symposium On Sexual Mutiliations 1996]</ref>
There exist numerous fatwas supporting and commanding the practice. Traditional scholars all allow, recommend or mandate FGM (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law)]]. However, over the past half century there has been a growing unease in the Islamic world concerning the practice (largely attributable to a growing awareness of the practice by organisations such as the UN and UNICEF). The earliest fatwa that is clearly critical of FGM appears to have been issued in 1984.<ref name=":1">p54 [https://books.google.fr/books?id=qof6J4n1860C&pg=PA54&lpg=PA54&dq=Sheikh+Abu-Sabib+1984&source=bl&ots=-apLOOha6B&sig=dpINFFLI-N9KO8_FmEET-MDFKbI&hl=en&sa=X&ved=2ahUKEwiXh5Gi5OfcAhVOyoUKHeSgDWUQ6AEwC3oECAgQAQ#v=onepage&q=Sheikh%20Abu-Sabib%201984&f=false "Sexual Mutilations: A Human Tragedy" By International Symposium On Sexual Mutiliations 1996]</ref>
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