User:Flynnjed/Sandbox2: Difference between revisions
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==Scholars== | ==Scholars== | ||
[[File:Madhhabplusfgm.jpeg|alt=Maps showing distribution of madhaps and prevalence of FGM|thumb|Maps showing distribution of | [[File:Madhhabplusfgm.jpeg|alt=Maps showing distribution of madhaps and prevalence of FGM|thumb|Maps showing distribution of madhabs and prevalence of FGM|link=https://wikiislam.net/wiki/File:Madhhabplusfgm.jpeg|500x500px]]{{Main|Female Genital Mutilation in Islamic Law|l1=Female Genital Mutilation in Islamic Law}} | ||
===Maliki Madhab=== | ===Maliki Madhab=== | ||
The Maliki school was founded by Malik ibn Anas in the 8th century, who ruled that FGM is recommended, but not obligatory.{{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)|Maliki hold the view that it is wajib (obligatory) for males and sunnah (optional) for females}}{{Quote|Al-Dardir (died 1786, malikite)|Female circumcision is recommended.}}{{Quote|Ibn-al-jallab (died 988, Malikite)|Circumcision is Sunnah for men and women.}} | The Maliki school was founded by Malik ibn Anas in the 8th century, who ruled that FGM is recommended, but not obligatory.{{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)|Maliki hold the view that it is wajib (obligatory) for males and sunnah (optional) for females}}{{Quote|Al-Dardir (died 1786, malikite)|Female circumcision is recommended.}}{{Quote|Ibn-al-jallab (died 988, Malikite)|Circumcision is Sunnah for men and women.}} | ||
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This school is named after the scholar Abū Ḥanīfa an-Nu‘man ibn Thābit (d. 767) and is school with the largest number of followers among Sunni muslims. Abū Ḥanīfa maintained that FGM is not obligatory but optional or recommended.{{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)|The Hanafi view is that it is a sunnah (optional act) for both females and males}}<br />{{Quote|Al-Musuli (died 1284, hanafite)|Circumcision is sunnah and fitrah. For women, circumcision is makrumah. If the inhabitants of a country reach a unanimous decision to abandon circumcision, the Imam has to wage war against them as it is one of the rituals and a specificity of Islam.}} | This school is named after the scholar Abū Ḥanīfa an-Nu‘man ibn Thābit (d. 767) and is school with the largest number of followers among Sunni muslims. Abū Ḥanīfa maintained that FGM is not obligatory but optional or recommended.{{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)|The Hanafi view is that it is a sunnah (optional act) for both females and males}}<br />{{Quote|Al-Musuli (died 1284, hanafite)|Circumcision is sunnah and fitrah. For women, circumcision is makrumah. If the inhabitants of a country reach a unanimous decision to abandon circumcision, the Imam has to wage war against them as it is one of the rituals and a specificity of Islam.}} | ||
===Shafi'i Madhab=== | ===Shafi'i Madhab=== | ||
The Shafi’i school was founded by the Arab scholar Al-Shafi‘i in the early 9th century | The Shafi’i school was founded by the Arab scholar Al-Shafi‘i in the early 9th century. Infibulation, the most severe form of FGM practiced under Islam, is almost entirely attributable to followers of the Shafi'i school of fiqh.{{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' translates the word 'bazr' ( بَظْرٌ ) as 'clitorial prepuce' instead of simply 'clitoris'.<ref>[https://archive.org/details/RelianceOfThetraveller/New%20Folder/RelianceOfThetraveller_by_AhmadIbnNaqib-al-misri_english-arabic/page/n77/mode/2up Reliance Of The traveller (عمدة السالك وعدة الناسك) By Ahmad Ibn Naqib Al Misri English Arabic]</ref> This is disputed because 1/ the usage is obscure and 2/ it leaves Arabic without a word for 'clitoris'.<ref>[http://archive.today/2021.04.09-042436/https://ejtaal.net/aa/%23hw4=h92,ll=259,ls=h5,la=h306,sg=h149,ha=h56,br=h124,pr=h26,aan=h73,mgf=h108,vi=h76,kz=h149,mr=h80,mn=h93,uqw=h174,umr=h122,ums=h91,umj=h75,ulq=h387,uqa=h55,uqq=h31,bdw=h102,amr=h66,asb=h65,auh=h200,dhq=h57,mht=h49,msb=h28,tla=h30,amj=h63,ens=h1,mis=h1 '''بعث''' | Lane's Lexicon, page 222]</ref> | ||
===Hanbali Madhab=== | ===Hanbali Madhab=== | ||
The Hanbali school is named after the Iraqi scholar Ahmad ibn Hanbal (d. 855) | The Hanbali school is named after the Iraqi scholar Ahmad ibn Hanbal (d. 855).{{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)|Hanbali have two opinions: -it is wajib (obligatory) for both males and females – it is wajib (obligatory) for males and makrumah (honourable) for females.}}{{Quote|Al-Qudamah (died 1223, hanbalite)|Circumcision is obligatory for men, and noble deed for women and not obligatory according to many scholars. Ahmad said: circumcision for men is more important for men than for women, as the foreskin is pending over the glans, therefore what is behind cannot be cleaned. Female circumcision is also prescribed for women. Abu-Abdallah said that the hadith “If the two circumcised membranes meet, ghusl is necessary” means that female circumcision was practiced. According to the hadith of Umar, a circumciser woman performed circumcision; he told her: leave some of it if you circumcise. It is also reported that the Prophet Muhammad said to the circumciser woman: Cut very slightly and do not exaggerate as it is preferable for the husband and better for the face.}}{{Quote|Al-Bahuti (died 1641, Hanbalite)|male and female circumcision are obligatory.}}{{Quote|Sheikh al-Islam Ibn Taymiyah (died 1328, Hanbalite)|Praise be to Allah. Yes, they should be circumcised, i.e., the top of the piece of skin that looks like a rooster’s comb should be cut. The Messenger of Allah said to the woman who did circumcisions: “Leave something sticking out and do not go to extremes in cutting. That makes her face look brighter and is more pleasing to her husband.” That is because the purpose of circumcising a man is to make him clean from the impurity that may collect beneath the foreskin. But the purpose of circumcising women is to regulate their desire, because if a woman is not circumcised her desire will be strong. Hence the words “O son of an uncircumcised woman” are used as an insult, because the uncircumcised woman has stronger desire. Hence immoral actions are more common among the women of the Tatars and the Franks, that are not found among the Muslim women. If the circumcision is too severe, the desire is weakened altogether, which is unpleasing for men; but if it is cut without going to extremes in that, the purpose will be achieved, which is moderating desire. And Allah knows best.}}{{Quote|Ibn Qayyim (died 1350, Hanbalite)|Khitaan is a noun describing the action of the circumciser (khaatin). It is also used to describe the site of the circumcision, as in the hadith, “When the two circumcised parts (al-khitaanaan) meet, ghusl become obligatory.” In the case of a female the word used is khafad. In the male it is also called i’dhaar. The one who is uncircumcised is called aghlaf or aqlaf.}}{{Quote|Ibn Taymiyya (1263 - 1328), Hanbalite)|[FGM's] purpose is to reduce the woman's desire; if she is uncircumcised, she becomes lustful and tends to long more for men.}} | ||
===Shia Islam=== | ===Shia Islam=== | ||
The attitudes of Shia Islam towards FGM are as not clear-cut as with the schools of Sunni Islam. It is known that FGM is practised by Zaydis in Yemen, Ibadis in Oman and at least by parts of the Ismailis (the Dawoodi Bohras in particular) in India. A survey by WADI conducted in the region of Kirkuk in Iraq found that 23% of Shia girls and women had undergone FGM<ref>[http://archive.today/2021.04.09-043653/https://mena.hivos.org/news/female-genital-mutilation-in-iraq/ Female Genital Mutilation in Iraq (April 13, 2012)]</ref>. | The attitudes of Shia Islam towards FGM are as not clear-cut as with the schools of Sunni Islam. It is known that FGM is practised by Zaydis in Yemen, Ibadis in Oman and at least by parts of the Ismailis (the Dawoodi Bohras in particular) in India. A survey by WADI conducted in the region of Kirkuk in Iraq found that 23% of Shia girls and women had undergone FGM<ref>[http://archive.today/2021.04.09-043653/https://mena.hivos.org/news/female-genital-mutilation-in-iraq/ Female Genital Mutilation in Iraq (April 13, 2012)]</ref>. | ||
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{{Quote|[http://archive.today/2021.04.09-045325/https://courtingthelaw.com/2016/04/28/commentary/islam-and-female-genital-mutilation-fgm/ Islam And Female Genital Mutilation (FGM)]|Ayatollah Khamenei, the leading scholar among contemporary jurists of Iran, says that FGM is permissible but not obligatory for women. He also states that if the husband wants his wife to be circumcised then it might be carried out if it isn’t harmful for her.}}{{Quote|[http://archive.today/2021.04.09-045325/https://courtingthelaw.com/2016/04/28/commentary/islam-and-female-genital-mutilation-fgm/ Islam And Female Genital Mutilation (FGM)]|Ayatullah ali al hussaini ali Sistani form Iraq said in his fatwa in 2010 that FGM is not haram (prohibited). Later in 2014 he revised his fatwa and said that FGM is harmful for the female victims and it isn’t permissible or part of any Islamic injunction.}}{{Quote|Al-Amili (died 1559, shiite)|Boys must be circumcised when they become adult…. and it is preferable that women be circumcised even if they are adult.}}{{Quote|Al-Tusi (died 1067, shiite)|The circumcision of female slaves, if performed, is great honor and precious merit. If not, nothing bad in it.}} | {{Quote|[http://archive.today/2021.04.09-045325/https://courtingthelaw.com/2016/04/28/commentary/islam-and-female-genital-mutilation-fgm/ Islam And Female Genital Mutilation (FGM)]|Ayatollah Khamenei, the leading scholar among contemporary jurists of Iran, says that FGM is permissible but not obligatory for women. He also states that if the husband wants his wife to be circumcised then it might be carried out if it isn’t harmful for her.}}{{Quote|[http://archive.today/2021.04.09-045325/https://courtingthelaw.com/2016/04/28/commentary/islam-and-female-genital-mutilation-fgm/ Islam And Female Genital Mutilation (FGM)]|Ayatullah ali al hussaini ali Sistani form Iraq said in his fatwa in 2010 that FGM is not haram (prohibited). Later in 2014 he revised his fatwa and said that FGM is harmful for the female victims and it isn’t permissible or part of any Islamic injunction.}}{{Quote|Al-Amili (died 1559, shiite)|Boys must be circumcised when they become adult…. and it is preferable that women be circumcised even if they are adult.}}{{Quote|Al-Tusi (died 1067, shiite)|The circumcision of female slaves, if performed, is great honor and precious merit. If not, nothing bad in it.}} | ||
====Ismaili==== | ====Ismaili==== | ||
FGM appears to be common amongst the Dawoodi Bohras<ref>[http://archive.today/2021.04.09-044009/https://scroll.in/article/867572/reminder-to-government-new-study-confirms-widespread-female-genital-cutting-among-bohra-muslims Reminder to government: New study confirms widespread female genital cutting among Bohra Muslims]</ref> – an Ismaili sect found in India, Saudi Arabia, Pakistan, Yemen and East Africa. Their current spiritual leader has recommended FGM as being necessary for purity and to avoid sin.{{Quote|Al-Nazawi (died 1162, ibadite)|Circumcision is obligatory for every Muslim…. If somebody refuses to submit to circumcision after being ordered to do, he should be killed if he exaggerates in delaying. Circumcision is not obligatory for women but they are ordered to submit to circumcision in honor of their husbands. Women are not obliged as circumcision for women is makrumah and for men it is sunnah, and some said it is faridah (obligation). | FGM appears to be common amongst the Dawoodi Bohras<ref>[http://archive.today/2021.04.09-044009/https://scroll.in/article/867572/reminder-to-government-new-study-confirms-widespread-female-genital-cutting-among-bohra-muslims Reminder to government: New study confirms widespread female genital cutting among Bohra Muslims]</ref> – an Ismaili sect found in India, Saudi Arabia, Pakistan, Yemen and East Africa. Their current spiritual leader has recommended FGM as being necessary for purity and to avoid sin.{{Quote|Al-Nazawi (died 1162, ibadite)|Circumcision is obligatory for every Muslim…. If somebody refuses to submit to circumcision after being ordered to do, he should be killed if he exaggerates in delaying. Circumcision is not obligatory for women but they are ordered to submit to circumcision in honor of their husbands. Women are not obliged as circumcision for women is makrumah and for men it is sunnah, and some said it is faridah (obligation).}} | ||
===Muʿtazila=== | ===Muʿtazila=== | ||
Muʿtazila is a rationalist school of Islamic theology that flourished in the cities of Basra and Baghdad during the 8th to the 10th centuries. The Mu'tazila developed an Islamic type of rationalism, partly influenced by Ancient Greek philosophy.{{Quote|Al-Jahiz (Muʿtazila, died 868-9)|A woman with clitoris has more pleasure than a woman without clitoris. The pleasure depends on the quantity which was cut from the clitoris. Muhammad said: “If you cut, cut the slightest part and do not exaggerate because it makes the face more beautiful and it is more pleasant for the husband”. It seems that Muhammad wanted to reduce the concupiscence of the women to moderate it. If concupiscence is reduced, the pleasure is also reduced as well as the love for the husbands. The love of the husband is an impediment against debauchery. Judge Janab Al-Khaskhash contends that he counted in one village the number of the women who were circumcised and those who were not, and he found that the circumcised were chaste and the majority of the debauched were uncircumcised. Indian, Byzantine and Persian women often commit adultery and run after men because their concupiscence towards men is greater. For this reason, India created brothels. This happened because of the massive presence of their clitorises and their hoots.}} | Muʿtazila is a rationalist school of Islamic theology that flourished in the cities of Basra and Baghdad during the 8th to the 10th centuries. The Mu'tazila developed an Islamic type of rationalism, partly influenced by Ancient Greek philosophy.{{Quote|Al-Jahiz (Muʿtazila, died 868-9)|A woman with clitoris has more pleasure than a woman without clitoris. The pleasure depends on the quantity which was cut from the clitoris. Muhammad said: “If you cut, cut the slightest part and do not exaggerate because it makes the face more beautiful and it is more pleasant for the husband”. It seems that Muhammad wanted to reduce the concupiscence of the women to moderate it. If concupiscence is reduced, the pleasure is also reduced as well as the love for the husbands. The love of the husband is an impediment against debauchery. Judge Janab Al-Khaskhash contends that he counted in one village the number of the women who were circumcised and those who were not, and he found that the circumcised were chaste and the majority of the debauched were uncircumcised. Indian, Byzantine and Persian women often commit adultery and run after men because their concupiscence towards men is greater. For this reason, India created brothels. This happened because of the massive presence of their clitorises and their hoots.}} |
Revision as of 06:58, 14 April 2021
QHS: FGM
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: the amputation of part or all of the clitoris (or the removal of the clitoral prepuce) and/or Excision: the cutting away of either or both the inner or outer labia. Infibulation 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.
UNICEF's 2016 report into FGM estimates that in the 30 countries surveyed at least 200 million girls and women have undergone FGM.[1] This means that about one in twenty women world-wide have undergone FGM. About 80% of FGM is attributable to Muslims.[2] This means that at least one in five Muslim women worldwide have been genitally mutilated (compared to about one in eighty non-Muslim women).
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 Banu Quraysh, Muhammad's native tribe, appears to have practiced FGM. Muhammad maintained the practice after migrating to Medina and is recorded as approving of the practice in four hadith. Two other hadith record the sahabah (Companions of Mohammed) engaging in the practice. (see FGM in the Hadith)
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). 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 (see FGM in Islamic law).
It should be noted that those who practice FGM refer to it as Female Circumcision rather than Female Genital Mutilation. The Hadith and fatwas reproduced on this page are translations. Where the term used should be assumed to be the translator's choice, rather than that of the fatwa's originator.
Qur'an
There is no explicit reference to Female Genital Mutilation in the Qur'an.
Quran 30:30, however, requires Muslims to 'adhere to the fitrah'.
This is the only instance of the word 'fitrah in the Qur'an. It is explained by (amongst others) one of the hadith which touch on FGM. The word used for 'circumcision' (الْخِتَانُ - khitan) refers to both (or either) male circumcision and FGM.
Hadith
FGM is mentioned in (at least) seven Hadith. Four report Muhammad approving of FGM and two report Sahabah (Muhammad's companions) participating in FGM. The remaining hadith has little import doctrinally, but is of linguistic, historical and sociological interest.
Hadith: Muhammad
Note that in these hadith the word used for 'circumcision' is khitan (الْخِتَانُ). This word is used in the hadithic Arabic for both (or either) male circumcision and FGM.
The fitrah is five things
Hadith methodology dictates that if it is not mentioned specifically or if the pronouns do not point to a certain gender, then the hadith is valid for both sexes. Hence, this hadith is applicable for both men and women.
A preservation of honor for women
Do not cut severely
When the circumcised parts touch each other
To 'sit amidst four parts' of a woman is a euphemism for sexual intercourse.
The Sahabah (the Companions of Muhammad)
The following three hadith touch on FGM, but do not involve Muhammad.
One Who Circumcises Other Ladies
This hadith includes an exchange of insults between Meccan warriors and Muhammad's companions prior to the battle of Uhud.
أَنْمَارٍ مُقَطِّعَةِ الْبُظُورِ (muqaṭwiʿaẗi al-ْbuẓūri) translates as 'cutter of clitorises'.
In Bukhari's al-Adab al-Mufrad
The following 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).
Someone to Amuse Them
Go and Circumcise Them and Purify Them
فَاخْفِضُو (khaffad) translates as 'lower them' or 'trim them'.
Scholars
Maliki Madhab
The Maliki school was founded by Malik ibn Anas in the 8th century, who ruled that FGM is recommended, but not obligatory.
Hanafi Madhab
This school is named after the scholar Abū Ḥanīfa an-Nu‘man ibn Thābit (d. 767) and is school with the largest number of followers among Sunni muslims. Abū Ḥanīfa maintained that FGM is not obligatory but optional or recommended.
Shafi'i Madhab
The Shafi’i school was founded by the Arab scholar Al-Shafi‘i in the early 9th century. Infibulation, the most severe form of FGM practiced under Islam, is almost entirely attributable to followers of the Shafi'i school of fiqh.
'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.
Nuh Ha Mim Keller's 1991 translation of 'Reliance of the Traveller' translates the word 'bazr' ( بَظْرٌ ) as 'clitorial prepuce' instead of simply 'clitoris'.[3] This is disputed because 1/ the usage is obscure and 2/ it leaves Arabic without a word for 'clitoris'.[4]
Hanbali Madhab
The Hanbali school is named after the Iraqi scholar Ahmad ibn Hanbal (d. 855).
Shia Islam
The attitudes of Shia Islam towards FGM are as not clear-cut as with the schools of Sunni Islam. It is known that FGM is practised by Zaydis in Yemen, Ibadis in Oman and at least by parts of the Ismailis (the Dawoodi Bohras in particular) in India. A survey by WADI conducted in the region of Kirkuk in Iraq found that 23% of Shia girls and women had undergone FGM[5].
Jafari
Ismaili
FGM appears to be common amongst the Dawoodi Bohras[6] – an Ismaili sect found in India, Saudi Arabia, Pakistan, Yemen and East Africa. Their current spiritual leader has recommended FGM as being necessary for purity and to avoid sin.
Muʿtazila
Muʿtazila is a rationalist school of Islamic theology that flourished in the cities of Basra and Baghdad during the 8th to the 10th centuries. The Mu'tazila developed an Islamic type of rationalism, partly influenced by Ancient Greek philosophy.
Modern Fatwas
The following are 20th and 21st century fatwas defending or advocating the practice of FGM. Due many of these fatwa's length they are presented as extracts. They have been, as far as possible, arranged in chronological order. Note that many are secondary or even tertiary sources.
Favourable Fatwas
[...]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.
But we would like to point out here that it has medical benefits to which attention should be paid, regardless of the difference of opinion among the scholars as to whether it is obligatory or mustahabb."[…]They say if a mullah, a religious man, a father, a mother, a doctor or anyone else even mentions circumcision could be a good thing for women or if a woman feels uncomfortable and says that her mood was disturbed by that statement, she can complain to one of these organizations and agencies and they will take the mullah […] to jail. […] They can jail you for saying that circumcision is a good thing. The Imam Shafi’i (most Iraqi-Kurds belong to the Shafi’i law school) said circumcision is good! Aren’t you following his denomination? Didn’t the KRG president say that he is a Shafi’i? Your denomination says FGM is good, and that is why I am saying it is good. If you are honest in your denomination then don’t accept this discussion to be held in the parliament. Imam Shafi’i is one of those who say that FGM is an obligation, that girls and women should be circumcised
[…]If I get asked about the religious ruling on FGM I must keep my silence and not dare to open my mouth. I must request to avoid this subject. As soon as I utter that FGM is good then they can arrest me […] If you don’t accept this Mr. President you are the one who receives the project. You might say that you don’t approve of the MPs. The people will love you for doing that.
[…]No longer should they ridicule our religion and believes and honours. We have made you president, you have the parliament and the oil and the money and no one is bothering you, why don’t you leave our religion and honour intact?Critical Fatwas
The following are extracts from recent fatwas which are critical of FGM, or which forbid it. They are presented in chronological order.
Female circumcision is simply a regional custom in the places where it is practiced. We must then take into consideration that many medical professionals consider it to have detrimental affects for the girls who undergo the operation. On that basis, it would be impermissible to allow this custom to continue. As, bringing harm to oneself is unlawful in Islam.
In a Hadith it is mentioned:
Circumcision is Sunnah for men and an honorable thing for women. [Musnad Ahmad (19794)]
Due to the weakness of this hadith and other Hadiths that refer to female circumcision with some of their narrators being known for deceptiveness and others whose narrations carry no weight scholars of Islamic Law have differed widely regarding its legal ruling.
1. In the Hanaf school of law, female circumcision is permissible within itself but not considered to be a Sunnah. (i.e. no religious virtue). (Shami Fatawaa Rahimiyyah, Page 261, Vol. 6)
2. It is considered a preferred act (Mandub) for women in the Maliki school of law. They rely upon the Hadith of Umm `Atiyyah for this ruling. ( Bulghah al-Salik li-Aqrab al-Maslik and Ashal al-Madarik Sharh Irshad al-Salik)
3. In the Shaf'i school of law, circumcision is considered an obligation for both men and women. This is the official ruling of that school of thought. Some Shaf`i scholars express the view that circumcision is obligatory for men and merely Sunnah for women. ( al-Majmu`)
4. In the Hanbali school of law, circumcision is obligatory for men and merely an honorable thing for women. It is not obligatory for them. The Hanbali jurist Ibn Qudamah observes: This is the view of many people of knowledge. Imam Ahmad said that it is more emphatic for men. (al-Mughni (1/115))
Lastly, I would like to mention that there are no recorded evidences of circumcision done on the Prophet (Sallallahu alaihi wa sallam)'s daughters.[...] "Today, female genital mutilation is not common among Shiites but the usage narrative show that it does not hurt if it can be done with its conditions, including compliance with health issues. But because the social norms have changed today, this action would not be acceptable like many other topics which their sentences were changed due to circumstances and facts"
[...] The question is asked to Ayatollah Khamenei: What is the wife`s duty to her husband`s request to circumcise herself?
The answer is: “Although implementation of husband’s order is obligatory for the wife if it does not have disadvantages or it is not harmful for the wife, she has to listen to her husband’s request.”Answer to the justifications from Holy Quran: The proponent jurists alleged that Allah said in the holy Quran to follow the Sunnah of Ibrahim (A.S). That meant following the Sunnah of Ibrahim (A.S) as he believed in the oneness of God. Also if Ibrahim (A.S) was circumcised because he was a male, that cannot be taken as precedent for the females because there is no resemblance between the male and female body structure. Allah Almighty prohibits in the Holy Quran to cut a body part of human beings without any reason because a human being is the most beloved creature to the omnipotent Allah, and is the creature in whose beautiful creation the Almighty takes pride in.
Answer to the justification from Holy Sunnah: Ahadith put forward by the proponents have ‘weak health’ (Dhuaee’f Sih’ha) mainly because of the chain of hadith and of the narrators, so we cannot rely on such ahadith on such delicate issues.
Answer to the Qiyas: First of all if we are making Qiyas a deciding factor for another analogy, the ill’at (cause) must be the same between the cases but in the case of FGM, how can we use the analogy of a male body for a female when they are both totally different and distinct from each other. The ill’at of circumcision of men is to increase pleasure, is also good for sexual life and includes many other medical benefits to men. But in case of women it reduces pleasure, is harmful for her physical as well as mental health, so the idea of Qiyas here is totally strange.See Also
Female Genital Mutilation in Islam
Female Genital Mutilation in Islamic Law
References
- ↑ UNICEF Female Genital Mutilation/Cutting: a Global Concern (2016)
- ↑ What Percentage of Global FGM is done by Moslems ?
- ↑ Reliance Of The traveller (عمدة السالك وعدة الناسك) By Ahmad Ibn Naqib Al Misri English Arabic
- ↑ بعث | Lane's Lexicon, page 222
- ↑ Female Genital Mutilation in Iraq (April 13, 2012)
- ↑ Reminder to government: New study confirms widespread female genital cutting among Bohra Muslims