Female Genital Mutilation in Islamic Law

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Female genital mutilation (FGM) is obligatory in the Shafi'i madhab[1] 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 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.

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[2]] (and this is called khufad))
Reliance of the Traveler [Umdat al-Salik], Section e4.3 on Circumcision

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.

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)."[3]

See Also

  1. ↑ Section on FGM in the standard manual of Shafi'i law
  2. ↑ Lane's Lexicon بَظْرٌ
  3. ↑ Tadros, Mariz (24 May 2012). "Mutilating bodies: the Muslim Brotherhood's gift to Egyptian women". openDemocracy
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