User:Flynnjed/Sandbox

https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&oldid=130773

This article or section is being renovated. Lead = 1 / 4 Structure = 2 / 4 Content = 2 / 4 Language = 4 / 4 References = 2 / 4 Lead 1 / 4 Structure 2 / 4 Content 2 / 4 Language 4 / 4 References 2 / 4

Female Genital Mutilation in Islamic Law

Female Genital Mutilation (Arabic: ختان المرأة) is the practice of cutting away and altering the external female genitalia for ritual or religious purposes. Those who practice FGM refer to it as 'Female Circumcision'. Female Genital Mutilation (FGM) generally consists one or both of the following procedures: Clitoridectomy: the amputation of part or all of the clitoris (or the removal of the clitoral prepuce); Excision: the cutting away of either or both the inner or outer labia. A third procedure, Infibulation, involves 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 involves clitoridectomy. Those who engage in FGM consider its primary purpose to be the safeguarding of the purity, virtue and reputation of girls and women.

World maps comparing distributions of FGM and of Muslims

FGM is a practice associated with Islam: about 80% of FGM is attributable to Muslims.^[1] Most of the remaining 20% is attributable to non-Muslims living in FGM-practicing Islamic societies (e.g. the Egyptian Copts^[2]), or to non-Islamic societies that have been hubs of the Islamic slave trade (e.g. Ethiopia and Eritrea).

Unlike Islamic male circumcision, the nature of which is uniform around the world, the practice of FGM varies greatly from community to community and country to country. This is because the procedure of male circumcision is precisely described (in Genesis). Several hadith report Muhammad approving of FGM, but they give very few clues as to the nature of that which he was approving. Consequently the practice of FGM varies greatly from community to community and country to country, possibly according to the intensity of anxieties around female sexuality in the community, its proximity to Islamic slave-trade routes (Infibulation is associated with the transportation of slaves), the presiding school of Islam (fiqh), and the nature and degree of historical Christian influence and colonisation.

In addition to Islamic law that explicitly addresses FGM, Islamic law favours FGM by creating social conditions that make the practice useful or even necessary. 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 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, gender segregation, arranged marriages, chaperoning, veiling, 'honour' culture, brideprice (mahr) and footbinding. Islam's attitudes towards slavery, especially sex slavery, appears to also have a significant role in the nature, incidence and distribution of FGM.

There exist numerous fatwas supporting and commanding the practice. 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.^[3]

The euphemism Female Circumcision is often used instead of Female Genital Mutilation by those who practice it, or who wish to defend or excuse it. Those who practice FGM will, of course, not refer to what they do as 'mutilation' - the word having negative connotations. Quran 30:30 forbids mutilation - however Islamic law makes exceptions for mutilations it allows e.g. amputation of limbs of thieves (Quran 5:38) and male circumcision.

FGM in the Hadith

FGM is mentioned (at least) seven times in the Hadith. Four report Muhammad approving of FGM and two report Sahabah (Muhammad's companions) participating in FGM. These have less doctrinal authority than the hadith featuring Muhammad. The remaining, seventh, hadith has little import doctrinally, but is of linguistic, historical and sociological interest.

Hadith: Muhammad and FGM

The fitrah is five things, including circumcision

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, the following hadith is applicable for both men and women.

A preservation of honor for women

Do not cut "severely"

Note that the judgement concerning what is severe is relative.

When the circumcised parts touch each other

To 'sit amidst four parts of a woman' is a euphemism for sexual intercourse.

Other Evidence in the Hadith

The following three hadith touch on FGM. Because they do not involve Muhammad they have less doctrinal authority than the hadith in the previous section.

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.

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. 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

The Qur'an and FGM

There is no explicit reference to Female Genital Mutilation in the Qur'an.

However, the Qur'an 30:30 requires Muslims to 'adhere to the fitrah'. The word 'fitrah' appears only this once in the Qur'an, and is left undefined and unexplained.

To know what fitrah means, traditional scholars turn to the hadith which make use of the word.

The hadith which offers the clearest explanation is the one mentioned in the previous section.

This hadith uses the Arabic word khitan for 'circumcision'.

Two other hadith ('Someone to Amuse Them' and 'Do not cut severely') use the word khitan in contexts where the procedure is unquestionably being performed on females, and only on females. Three other hadith ('The fitrah is five things, including circumcision', 'A preservation of honor for women' and 'When the circumcised parts touch each other') use the word 'khitan to refer to both FGM and Male Circumcision.

Therefore, in the hadith the word 'khitan' can refer to FGM, or to Male Circumcision, or to both.

Thus, according to traditional interpretive methodology, Qur'an 30:30 by requiring one to 'adhere to the fitrah' indirectly, but ineluctably, advocates FGM.

In Islamic law

Maps showing distribution of madhaps and prevalence of FGM

A Madh'hab (مذهب) is a school of Islamic law or fiqh (Islamic jurisprudence). Within Sunni Islam there are four mainstream schools of thought, which are accepted by one another, and the Shi'ite school of fiqh. The five major schools of Islamic law agree on many things. The various schools of Islamic law all developed as theologians and jurists debated among themselves more than a hundred years after Muhammad's death on how to identify and interpret what Muhammad had left behind by way of oral traditions. Adherence to a school of Islamic law appears to be more a matter of geography than conscience.

All schools of Islam favour FGM, but with differing levels of enthusiasm. No school of Islam can prohibit FGM since nothing that Muhammad allowed can be prohibited. Contemporary scholars, however, are adept at phrasing fatwas in such a way as to appear to criticise or condemn FGM whilst at the same time not forbidding it.

Differences in interpretative hermeneutics (the theory of interpretation of texts, especially religious and philosophical texts) result in certain Hadith having more weight and influence with some schools than in others. Sunan Abu Dawud 41:5251 is an example of this:

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) – possibly explaining the lower rates of FGM amongst followers of these schools.

the l of Views on the specific type of FGM required or permitted vary within and between the madhhabs. Some prominent modern Islamic scholars have dissented from the otherwise favorable consensus of the Islamic tradition and ruled it to be unlawful.

The Islamic legal tradition, while differing on its implementation, embraced FGM wholeheartedly, and, In the hadith literature, Muhammad is recorded as: tacitly approving of the practice (Sahih Muslim 3:684), prescribing circumcision in general without specifying the requirements thereof per gender (Sahih Bukhari 7:72:777), and commenting generically on its implementation (Sunan Abu Dawud 41:5251). No where is Muhammad recorded prohibiting the practice.

Maliki Madhab

The Maliki school was founded by Malik ibn Anas in the 8th century. As with all other schools of Islam, the Koran and the Hadith stand at the apex of the hermeneutic hierarchy. If these prove ambiguous on an issue, then the hierarchy proceeds as follows: Amal (customs and practices of the people of Medina), Ijma (consensus of the Sahabah), Ijtihad (opinion of individual Sahabah), Qiyas (analogy), Istislah (interest and welfare of Islam and Moslems), and lastly Urf (Moslem custom).

The Maliki is the only school to consider Amal as a valid source of Islamic law. Malik ibn Anas ruled that FGM is recommended, but not obligatory.

“mustah’ab (favourable but not wajib [compulsory]). This is the preferred opinion of the Maliki thought yet there is still some disagreement.” Manzoor Hussain – “Islam And Female Genital Mutilation (FGM)”

“It is considered a preferred act (mandûb) for women in the Mâlikî school of law.” Sheikh (Dr.) `Abd al-Rahmân b. Hasan al-Nafisah, editor of the Contemporary Jurisprudence Research Journal , Riyadh

“makrama for women (“noble”, as opposed to obligatory)” Wikipedia: Religious views on FGM

“the practice is recommended on religious grounds by the Maliki […] law school” stop fgm middle east – Islam-or-culture?

“The Maliki school considers female circumcision to be sunnah (optional) and preferred.” Religious views on female genital mutilation

“Maliki hold the view that it is wajib (obligatory) for males and sunnah (optional) for females“ Delinking Female Genital Mutilation &c

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 Moslems.

As with all other schools of Islam, the Koran and the Hadith are the principal sources of doctrine. Where the Koran and Hadith do not provide guidance, Hanafi scholars recommend that the Ijma (the consensus of the Sahabah) be first consulted, then Ijtihad (the opinions of individual Sahabah), then Qiyas (analogy), then Istihsan (juristic preference) and finally Urf (local community customs).

Abū Ḥanīfa maintained that FGM is not obligatory but highly recommended.

“FGM is Sunnah (deed of Prophet SAW) although there is some disagreement among the Hanafi jurists on the issue – some consider it as mustah’ab as well (‘favorable’ not ‘compulsory’/wajib), while most agree with the Hadith (saying of Prophet SAW ) that “circumcision is Sunnah for men and Makrooh (undesirable) for women”” Manzoor Hussain &c

“there are two different opinions. Some Hanafî scholars consider it to be a Sunnah for women. Others consider it to be merely an honorable thing.” Sheikh (Dr.) `Abd al-Rahmân &c

“makrama for women (“noble”, as opposed to obligatory)” Wikipedia: Religious views on FGM

“the Hanafis do not regard female circumcision as “sunnah” stop fgm middle east – Islam-or-culture?

“The Hanafi school considers female circumcision to be sunnah (preferred).” Religious views on female genital mutilation

“The Hanafi view is that it is a sunnah (optional act) for […] females“ Delinking Female Genital Mutilation &c

We can speculate that followers of the Hanafi and Maliki schools who are devout (or who wish to appear devout) will tend to treat as ‘obligatory’ practices that are merely ‘recommend’ – since for the devout anything that is ‘recommended’ should be definitely done.

The Hanafi school is probably the least enthusiastic about FGM. Pakistani Moslems are generally Hanafi, and have, till recently, been the largest Moslem diaspora to the West. Pakistanis are also frequently English-speaking. Both of which facts increase the prevalence in the West of the narrative that ‘FGM is nothing to do with Islam’. With increasing immigration to the West from Shafi’i countries (Somalia in particular) this narrative is harder to maintain since (as we shall see below) FGM is obligatory under Shafi’i Islam.

Shafi'i Madhab

Female genital mutilation (FGM) is obligatory in the Shafi'i madhab.^[4] The Shafi’i school was founded by the Arab scholar Al-Shafi‘i in the early 9th century. Where passages of Koran and Hadiths are ambiguous, the school first seeks religious law guidance from Ijma (the consensus of Sahabah). If there was no consensus, Shafi’i scholars rely on Ijtihad (individual opinion of the companions of Mohammed), followed by Qiyas (analogy). Note that the Shafi’i school rejects two methods of law that are accepted by other major schools of Islam: Istihsan (juristic preference) and Istislah (public interest), heuristics by which compassion and welfare can be integrated into Islamic law-making.

The Shafi’i school was founded by the Arab scholar Al-Shafi‘i in the early 9th century.

Where passages of Koran and Hadiths are ambiguous, the school first seeks religious law guidance from Ijma (the consensus of Sahabah). If there was no consensus, the Shafi’i school relies on Ijtihad (individual opinion of the companions of Mohammed), followed by Qiyas (analogy).

Note that the Shafi’i school rejects two methods of law that are accepted by other major schools of Islam: Istihsan (juristic preference) and Istislah (public interest), heuristics by which compassion and welfare may best be integrated into Islamic law-making.

Shafi’i Moslems practice infibulation, the most extreme form of FGM.

“The Shafi’ee school of thought consider it as Wajib (obligatory) but here isn’t complete consensus among the jurists.” Manzoor Hussain &c

“circumcision is considered an obligation for both men and women. This is the official ruling of that school of thought. Some Shâfi`î scholars express the view that circumcision is obligatory for men and merely Sunnah for women.” Sheikh (Dr.) `Abd al-Rahmân &c

“For the Shafi’i school it is obligatory (wājib)” Wikipedia: Religious views on FGM

“the practice is […] considered obligatory by the Shafi’i school. Though not without internal dissent, the Shafi’i position is clearly expressed: “The official position of the Shafi’i School is that it is obligatory for a woman.” There is also a weaker opinion that Imam Nawawi relates in Rawdah 10/180 that it is recommended.”” stop fgm middle east – Islam-or-culture? (see also http://shafiifiqh.com/question-details.aspx?qstID=173)

““Circumcision is obligatory (for every male and female) by cutting off the piece of skin on the glans of the penis of the male, but circumcision of the female is by cutting out the bazr ‘clitoris’ (this is called khufaaddh, ‘female circumcision’).” The Reliance of the Traveller (the Sa’afi handbook of Sharia)

“The Shafi’i school considers female circumcision to be wajib (obligatory).” Religious views on female genital mutilation

“Shafi’i view it as wajib (obligatory) for both females and males” Delinking Female Genital Mutilation &c

Hanbali Madhab

The Hanbali school is named after the Iraqi scholar Ahmad ibn Hanbal (d. 855). Ahmad ibn Hanbal studied under Al-Shafi‘i (founder of the Shafi’i school) and inherited his deep concerns about the jurists of his time, who were ready to reinterpret the doctrines of the Koran and Hadiths to pander to public opinion and the demands of the rich and powerful. Ibn Hanbal advocated a return to the literal interpretation of Koran and Hadiths. This has made the Hanbali school intensely traditionalist. Today’s ultra-conservative Wahhabi–Salafist movement is an offshoot of this school.

Where the Koran and Hadith do not provide guidance, Hanbal recommended guidance from Ijma, then Ijtihad, then weaker (daif) Hadiths, and finally Qiyas (analogy). The Hanbali school, unlike the Hanafi and Maliki schools, reject Istihsan (jurist discretion) and Urf (the customs of Moslems) as a sound basis to derive Islamic law.

“The Hambali school of thought has two opinions: one is mustah’ab (favourable but not wajib) and the other is wajib (obligatory) with many other opinions of jurists differing from each other.” Manzoor Hussain &c

“circumcision is obligatory for men and merely an honorable thing for women. It is not obligatory for them.” Sheikh (Dr.) `Abd al-Rahmân &c

“makrama for women (“noble”, as opposed to obligatory)” Wikipedia: Religious views on FGM

“the practice is recommended on religious grounds by the Hanbali […] law school” stop fgm middle east – Islam-or-culture?

“The Hanbali school considers female circumcision to be makrumah (honorable) and strongly encouraged, to obligatory.” Religious views on female genital mutilation

“Hanbali have two opinions: -it is wajib (obligatory) for both males and females – it is wajib (obligatory) for males and makrumah (honourable) for females.” Delinking Female Genital Mutilation/Cutting from Islam

“the Hanbalis according to the well-known view of their madhhab, and others are of the view that circumcising women is obligatory.” Is there any saheeh hadeeth about the circumcision of females?

SHIA ISLAM

“Shiite religious texts, such as the hadith transmitted by Al-Sadiq, state that “circumcision is makrama (“noble”) for women” Wikipedia: Religious views on FGM

It is not as easy to make out a clear picture of attitudes towards FGM for Shia Islam as it is for 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 India, all three being branches of the Shia (the Ibadis are less directly connected). A survey by WADI found that in the region of Kirkuk in Iraq 23% of Shia girls and women had undergone FGM.

JAFARI –

“According to the Jafari’ee jurisprudence, circumcision is necessary for men as it is the Sunnah of Prophet Ibrahim (A.S), but not for women.” Manzoor Hussain &c

“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.” Manzoor Hussain &c

“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.” Manzoor Hussain &c

ISMAILI –

FGM appears to be endemic to the Dawoodi Bohras – 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.

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:

“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.” Prosecutor: ‘Brutal’ genital mutilation won’t be tolerated in US

Islamic Doctrine that creates social conditions favourable to FGM

In the modern Islamic world

In 2012, the Muslim Brotherhood worked to decriminalize FGM. According to Mariz Tadros (a reporter),"the Muslim Brotherhood have offered to circumcise women for a nominal fee as part of their community services, a move that threatens to reverse decades of local struggle against the harmful practice [...] Many of the Brothers (and Salafis) argue that while it is not mandatory, it is nevertheless mukarama  (preferable, pleasing in the eyes of God)."^[6]

FGM as Un-Islamic – A Brief History

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.

There has been a flurry of fatwas concerning FGM in recent decades. This flurry has, I believe, been a response to heightened expectations of the rights of women and children in the non-Islamic world, and a growing awareness and revulsion at the practice of FGM.

NGram for terms: 'FGM', 'Female Genital Mutilation' and 'Female Circumcision'

An Ngram for the terms ‘fgm’, ‘female genital mutilation’ and ‘female circumcision’ gives the following result:

A sharp and steady rise in the more condemnatory term (‘mutilation’ rather than ‘circumcision’) in English-language literature starts in 1989-90. This coincides with the 1989 Convention on the Rights of the Child, which identified female genital mutilation as a harmful traditional practice, and mandated that governments abolish it as one of several “traditional practices prejudicial to the health of children.” Islam saw itself reflected in the non-Islamic world’s eyes and felt ashamed at what it saw – leading to, for the first time in Islamic history, to some questioning and criticism of this practice.

However, keeping in mind the historical context of its 1400-year complicity in the practice, Islam’s response to FGM is reminiscent of that of a burglar who, after having practiced his trade with impunity for decades, has a sudden access of guilt and repentance on his first appearance before a judge. One suspects his distress is more at being found out than guilt or repentance.

As it is, most fatwas that appear to condemn FGM are, at best, worryingly ignorant of the place of FGM in Islamic doctrine, or engage in uncritical thinking, or are, at worst, insincere – designed to be no more than pacifiers of the concerns of the non-Islamic world.

Arguments de-linking FGM from Islam

Parts of the Islamic world, over the past 40 or so years, has, as a consequence of the scrutiny of the international community, and a heightened sensitivity to the rights of women and children, has started to feel embarrassed about its historical complicity with FGM. The parts of the Islamic word that feel this embarrassment are (of course) those parts that do not practice FGM.

FGM existed before Islam

text

No FGM in the Qur'an

Mutilation forbidden by Qur'an

FGM Hadith weak

FGM an African practice

Christians practice FGM

not all moslems practice FGM

'sunnah circumcision'

equivocation

See Also

• Qur'an, Hadith and Scholars:Female Genital Mutilation

References