Female Genital Mutilation in Islamic Law: Difference between revisions

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{{Quote|[https://web.archive.org/web/20220221050837/https%3A%2F%2Fwww.thenewhumanitarian.org%2Fq-and%2F2005%2F03%2F08%2Firin-interview-sheikh-omer-muslim-religious-leader IRIN interview with Sheikh Omer, a Muslim religious leader, Ethiopia (2005)]|“Medical research […] does not show that the Sunnah circumcision – cutting only the outer part of the clitoris – has caused any medical complications […] Islam condones the Sunnah circumcision; it is acceptable. What’s forbidden in Islam is the pharaonic circumcision [...] Islamic scholars believe that female circumcision is different from male circumcision. They have a strong view that female circumcision is allowed, and that there is no evidence from Islamic sources prohibiting female circumcision, unless it is pharaonic.”}}'<nowiki/>'''Pharaonic circumcision'''<nowiki/>' is a synonym for Infibulation.{{Quote|[https://web.archive.org/web/20220221051024/https%3A%2F%2Fislamqa.info%2Fen%2Fanswers%2F82859%2Fis-there-any-saheeh-hadeeth-about-the-circumcision-of-females Is there any saheeh hadeeth about the circumcision of females? (2006)]|"It is also indicated by the general meaning of the evidence that has been narrated concerning circumcision, such as the hadeeth in al-Bukhaari (5891) and Muslim (527) from Abu Hurayrah (may Allaah be pleased with him): I heard the Prophet (peace and blessings of Allaah be upon him) say: “The fitrah is five things – or five things are part of the fitrah – circumcision, shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”   
{{Quote|[https://web.archive.org/web/20220221050837/https%3A%2F%2Fwww.thenewhumanitarian.org%2Fq-and%2F2005%2F03%2F08%2Firin-interview-sheikh-omer-muslim-religious-leader IRIN interview with Sheikh Omer, a Muslim religious leader, Ethiopia (2005)]|“Medical research […] does not show that the Sunnah circumcision – cutting only the outer part of the clitoris – has caused any medical complications […] Islam condones the Sunnah circumcision; it is acceptable. What’s forbidden in Islam is the pharaonic circumcision [...] Islamic scholars believe that female circumcision is different from male circumcision. They have a strong view that female circumcision is allowed, and that there is no evidence from Islamic sources prohibiting female circumcision, unless it is pharaonic.”}}'<nowiki/>'''Pharaonic circumcision'''<nowiki/>' is a synonym for Infibulation.{{Quote|[https://web.archive.org/web/20220221051024/https%3A%2F%2Fislamqa.info%2Fen%2Fanswers%2F82859%2Fis-there-any-saheeh-hadeeth-about-the-circumcision-of-females Is there any saheeh hadeeth about the circumcision of females? (2006)]|"It is also indicated by the general meaning of the evidence that has been narrated concerning circumcision, such as the hadeeth in al-Bukhaari (5891) and Muslim (527) from Abu Hurayrah (may Allaah be pleased with him): I heard the Prophet (peace and blessings of Allaah be upon him) say: “The fitrah is five things – or five things are part of the fitrah – circumcision, shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”   
[...]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.  
[...]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."}}{{Quote|[http://myjurnal.my/filebank/published_article/34088/Article_4.PDF Women's Genital Cutting Law (Female Genital Mutilation) - Taqwa bint Zabidi (Jakim), (2009)]|"DECISION OF MUZAKARAH OF THE FATWA COMMITTEE, NATIONAL COUNCIL FOR ISLAMIC RELIGIOUS AFFAIRS MALAYSIA
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."}}{{Quote|[https://myjurnal.mohe.gov.my/filebank/published_article/34088/Article_4.PDF Women's Genital Cutting Law (Female Genital Mutilation) - Taqwa bint Zabidi (Jakim), (2009)]|"DECISION OF MUZAKARAH OF THE FATWA COMMITTEE, NATIONAL COUNCIL FOR ISLAMIC RELIGIOUS AFFAIRS MALAYSIA
The issue of Female Genital Mutilation was discussed by Muzakarah The 87th National Fatwa Committee convened on 23-25 June 2009. In this conference, Muzakarah members agreed decided that: After examining the evidence, arguments and views submitted, Muzakarah is of the view that the practice of circumcision for women is part of the syiar of the ummah Islam. While the practice of Female Genital Mutilation (FGM) is contrary to the practice of circumcision prescribed by syarak. Accordingly, in line with the view jumhur ulama, Muzakarah agreed to decide that the law circumcision for women is compulsory. However, if it can bring harm to oneself, then it is should be avoided."}}[[File:Fgmflyer-mozlem-brotherhood.jpg|thumb|Muslim Brotherhood flyer promoting FGM (amongst other medical services)|link=]]{{Quote|[https://web.archive.org/web/20220221051746/https%3A%2F%2Fwww.opendemocracy.net%2Fen%2F5050%2Fmutilating-bodies-muslim-brotherhoods-gift-to-egyptian-women%2F Mutilating bodies: the Muslim Brotherhood’s gift to Egyptian women, (2012)]|“The second strategy of the [Muslim Brotherhood] to contest the undesirability of FGM is to present it as a medical operation or procedure. By doing so, they encourage people to go to doctors – rather than midwives – who will perform the “operation” under anaesthesia and in accordance with proper surgical procedures […] Some people talk about taking their daughters to the doctor to check whether “they need it or not”, as if there is a physiological condition that would justify mutilating a woman’s reproductive organs […] Some doctors believe that not circumcising females leads to sexual arousal and that this could lead to the committing unlawful acts. So circumcision is a duty for the protection of the honour of the believing woman and for the preservation of her chastity and purity […] The third strategy deployed by the Brothers to promote FGM is to push for its decriminalization, under the premise that it is a matter that should be left to the personal choice of the girls’ guardians […] “the decision is up to the guardian and the doctor who decides on the extent to which the girl needs this operation”}}{{Quote|[https://web.archive.org/web/20220220085932/https%3A%2F%2Fwww.memri.org%2Ftv%2Fegyptian-cleric-supports-fgm-cites-protocols-elders-zion Egyptian Cleric: Female Circumcision Has Economic Benefits; Jews Fight It in Keeping with Protocols of the Elders of Zion, (2017)]|"The discussion about female circumcision goes back to the past century. The first time that this subject was debated extensively was in the past century. Who were the first to talk about it? The Jews. They do not want Islam or the Muslims to be pure, developed, and civilized, so they started talking about it [...]In The Protocols of the Elders of Zion it is written: 'We must strive for the collapse of morals, so that it will be easier for us to dominate the world.'[...] Female circumcision is a preventive medical measure. Someone who is uncircumcised will be afflicted with many serious diseases{...]"}}{{Quote|[https://web.archive.org/web/20220221052815/https%3A%2F%2Fislamqa.info%2Fen%2Fanswers%2F60314%2Fcircumcision-of-girls-and-some-doctors-criticism-thereof Circumcision of girls and some doctors’ criticism thereof] – islamqa (2018)]|“Circumcision is not an inherited custom as some people claim, rather it is prescribed in Islam and the scholars are unanimously agreed that it is prescribed. Not a single Muslim scholar – as far as we know – has said that circumcision is not prescribed. Their evidence is to be found in the saheeh ahaadeeth of the Prophet, which prove that it is prescribed [...] With regard to the criticism of circumcision by some doctors, and their claim that it is harmful both physically and psychologically, This criticism of theirs is not valid. It is sufficient for us Muslims that something be proven to be from the Prophet [...], then we will follow it, and we are certain that it is beneficial and not harmful. If it were harmful, Allaah and His Messenger [...] would not have prescribed it for us [...] As for the opinions of doctors who say that female circumcision is harmful, these are individual opinions which are not derived from any agreed scientific basis, and they do not form an established scientific opinion […] medical theories about disease and the way to treat it are not fixed, rather they change with time and with ongoing research. So it is not correct to rely on them when criticizing circumcision which the Wise and All-Knowing Lawgiver has decreed in His wisdom for mankind. Experience has taught us that the wisdom behind some rulings and Sunnahs may be hidden from us. May Allaah help us all to follow the right path.”}}
The issue of Female Genital Mutilation was discussed by Muzakarah The 87th National Fatwa Committee convened on 23-25 June 2009. In this conference, Muzakarah members agreed decided that: After examining the evidence, arguments and views submitted, Muzakarah is of the view that the practice of circumcision for women is part of the syiar of the ummah Islam. While the practice of Female Genital Mutilation (FGM) is contrary to the practice of circumcision prescribed by syarak. Accordingly, in line with the view jumhur ulama, Muzakarah agreed to decide that the law circumcision for women is compulsory. However, if it can bring harm to oneself, then it is should be avoided."}}[[File:Fgmflyer-mozlem-brotherhood.jpg|thumb|Muslim Brotherhood flyer promoting FGM (amongst other medical services)|link=]]{{Quote|[https://web.archive.org/web/20220221051746/https%3A%2F%2Fwww.opendemocracy.net%2Fen%2F5050%2Fmutilating-bodies-muslim-brotherhoods-gift-to-egyptian-women%2F Mutilating bodies: the Muslim Brotherhood’s gift to Egyptian women, (2012)]|“The second strategy of the [Muslim Brotherhood] to contest the undesirability of FGM is to present it as a medical operation or procedure. By doing so, they encourage people to go to doctors – rather than midwives – who will perform the “operation” under anaesthesia and in accordance with proper surgical procedures […] Some people talk about taking their daughters to the doctor to check whether “they need it or not”, as if there is a physiological condition that would justify mutilating a woman’s reproductive organs […] Some doctors believe that not circumcising females leads to sexual arousal and that this could lead to the committing unlawful acts. So circumcision is a duty for the protection of the honour of the believing woman and for the preservation of her chastity and purity […] The third strategy deployed by the Brothers to promote FGM is to push for its decriminalization, under the premise that it is a matter that should be left to the personal choice of the girls’ guardians […] “the decision is up to the guardian and the doctor who decides on the extent to which the girl needs this operation”}}{{Quote|[https://web.archive.org/web/20220220085932/https%3A%2F%2Fwww.memri.org%2Ftv%2Fegyptian-cleric-supports-fgm-cites-protocols-elders-zion Egyptian Cleric: Female Circumcision Has Economic Benefits; Jews Fight It in Keeping with Protocols of the Elders of Zion, (2017)]|"The discussion about female circumcision goes back to the past century. The first time that this subject was debated extensively was in the past century. Who were the first to talk about it? The Jews. They do not want Islam or the Muslims to be pure, developed, and civilized, so they started talking about it [...]In The Protocols of the Elders of Zion it is written: 'We must strive for the collapse of morals, so that it will be easier for us to dominate the world.'[...] Female circumcision is a preventive medical measure. Someone who is uncircumcised will be afflicted with many serious diseases{...]"}}{{Quote|[https://web.archive.org/web/20220221052815/https%3A%2F%2Fislamqa.info%2Fen%2Fanswers%2F60314%2Fcircumcision-of-girls-and-some-doctors-criticism-thereof Circumcision of girls and some doctors’ criticism thereof] – islamqa (2018)]|“Circumcision is not an inherited custom as some people claim, rather it is prescribed in Islam and the scholars are unanimously agreed that it is prescribed. Not a single Muslim scholar – as far as we know – has said that circumcision is not prescribed. Their evidence is to be found in the saheeh ahaadeeth of the Prophet, which prove that it is prescribed [...] With regard to the criticism of circumcision by some doctors, and their claim that it is harmful both physically and psychologically, This criticism of theirs is not valid. It is sufficient for us Muslims that something be proven to be from the Prophet [...], then we will follow it, and we are certain that it is beneficial and not harmful. If it were harmful, Allaah and His Messenger [...] would not have prescribed it for us [...] As for the opinions of doctors who say that female circumcision is harmful, these are individual opinions which are not derived from any agreed scientific basis, and they do not form an established scientific opinion […] medical theories about disease and the way to treat it are not fixed, rather they change with time and with ongoing research. So it is not correct to rely on them when criticizing circumcision which the Wise and All-Knowing Lawgiver has decreed in His wisdom for mankind. Experience has taught us that the wisdom behind some rulings and Sunnahs may be hidden from us. May Allaah help us all to follow the right path.”}}
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