Female Genital Mutilation in Islamic Law: Difference between revisions

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{{QualityScore|Lead=3|Structure=2|Content=2|Language=4|References=2}}'''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: the amputation of part or all of the clitoris, or the removal of the clitoral prepuce ('''Clitoridectomy''') and the cutting away of either or both the inner or outer labia ('''Excision'''). A third procedure, '''Infibulation''', involves the paring away of the outer labia, whose cut edges are 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. 
[[File:Fgmmuslimmap.jpg|alt=world maps comparing prevalence of FGM and of Muslims|thumb|world maps comparing prevalence of FGM and of Muslims]]
FGM is a practice associated with Islam: about 80% of FGM is attributable to Muslims.<ref>https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/</ref> Most of the remaining 20% is attributable to non-Muslims living in FGM-practicing Islamic societies (e.g. the Egyptian Copts<ref>https://copticliterature.wordpress.com/2014/03/12/prevalence-of-and-support-for-female-genital-mutilation-within-the-copts-of-egypt-unicef-report-2013/</ref>), or to non-Isamic societies that have been hubs of the Islamic slave trade (e.g. Ethiopia and Eritrea). 


The disposition of '''Islamic law''' towards FGM is determined by its status in the Qur'an and the Sunnah (Sharia), and on how that status is interpreted by Islamic jurists and scholars ([[Fiqh (Islamic Jurisprudence)|fiqh]]). Shariah derives directly from the [[Qur'an]] and the [[Sunnah]] (which consists of the [[Hadith]] and [[Sira|Sira)]]. Shariah has the status of divine revelation, and is unchanging and unchangeable. Fiqh is the process whereby Islamic jurists and scholars make the divine principles of Shariah applicable to human beings in the form of laws, beliefs and observances.<ref>[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]
[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 By International Symposium On Sexual Mutiliations 199, International Symposium on Sexual Mutiliations 1996 Lausanne, switzer]</ref> 
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. The earliest fatwa that is clearly critical of FGM appears to have been issued in 1984.<ref>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 199, International Symposium on Sexual Mutiliations 1996]</ref> 
==In Islamic law==
Female genital mutilation (FGM) is obligatory in the Shafi'i madhab<ref>[https://www.answering-islam.org/Sharia/fem_circumcision.html Section on FGM in the standard manual of Shafi'i law]</ref> and encouraged by the remaining three madhabs, namely the Hanafi, Hanbali, and Maliki. Salafi scholars also encourage the practice. In universally conceiving of FGM as being either an obligatory or favorable practice, the traditional schools of Islamic law agree that ''prohibiting'' FGM altogether would not be acceptable, as this would be tantamount to contravening God's laws and preferences. 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.{{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 ''badhar'' [''qat' al-badhar'', ''badhar'' or بَظْرٌ either means the clitoris or the prepuce of the clitoris; Lane says that the precise usage was confused at some point in history<ref>[http://lexicon.quranic-research.net/data/02_b/137_bZr.html Lane's Lexicon بَظْرٌ]</ref>]''' (and this is called ''khufad''))}}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 ({{Muslim|3|684|}}), prescribing circumcision in general without specifying the requirements thereof per gender ({{Bukhari|7|72|777|}}), and commenting generically on its implementation ({{Abu Dawud|41|5251|}}). No where is Muhammad recorded prohibiting the practice.
==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)."<ref>Tadros, Mariz (24 May 2012). "[https://www.opendemocracy.net/en/5050/mutilating-bodies-muslim-brotherhoods-gift-to-egyptian-women/ Mutilating bodies: the Muslim Brotherhood's gift to Egyptian women]". ''openDemocracy''</ref>
==See Also==
*[[Qur'an, Hadith and Scholars:Female Genital Mutilation]]
==References==
<references />

Revision as of 17:49, 10 April 2021