Qur'an, Hadith and Scholars:Female Genital Mutilation: Difference between revisions

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{{QuranHadithScholarsIndex}}
{{QuranHadithScholarsIndex}}
==Hadith==
==Hadith==
{{Quote|Ahmad Ibn Hanbal 5:75; Abu Dawud, Adab 167.|Abu al- Malih ibn `Usama's father relates that the Prophet said: "'''Circumcision is a law for men and a preservation of honour for women'''."}}
{{Quote|Ahmad Ibn Hanbal 5:75; Abu Dawud, Adab 167.|Abu al- Malih ibn `Usama's father relates that the Prophet said: "'''Circumcision is a law for men and a preservation of honour for women'''."}}


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==Scholars==
==Scholars==
===Historical===
===Historical===
{{Quote|[http://www.answering-islam.org/Sharia/fem_circumcision.html Reliance of the Traveller: A Classic Manual of Islamic Sacred Law]<BR>Ahmad ibn Naqib al-Misri|'''e4.3''' 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 clitoris (this is called Hufaad)}}
{{Quote|[http://www.answering-islam.org/Sharia/fem_circumcision.html Reliance of the Traveller: A Classic Manual of Islamic Sacred Law]<BR>Ahmad ibn Naqib al-Misri|'''e4.3''' 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 clitoris (this is called Hufaad)}}


===Modern===
===Modern===
 
{{Quote|[http://www.islam-qa.com/en/ref/60314/female%20circumcision Circumcision of girls and some doctors’ criticism thereof]<BR>Islam Q&A, Fatwa No. 60314|
{{Quote|[http://www.islam-qa.com/en/ref/60314/female%20circumcision Circumcision of girls and some doctors’ criticism thereof]<BR>Islam Q&A, Fatwa No. 60314|Firstly:
====Firstly====
 
'''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.'''  
'''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 (peace and blessings of Allaah be upon him), which prove that it is prescribed, for example:  
Their evidence is to be found in the saheeh ahaadeeth of the Prophet (peace and blessings of Allaah be upon him), which prove that it is prescribed, for example:  
 
#The hadeeth narrated by al-Bukhaari (5889) and Muslim (257) from Abu Hurayrah (may Allaah be pleased with him), that the Prophet (peace and blessings of Allaah be upon him) said:
1-
#:"The fitrah is five things – or five things are part of the fitrah – circumcision, shaving the pubes, cutting the nails, plucking the armpit hairs, and trimming the moustache."
 
#:This hadeeth includes circumcision of both males and females.  
The hadeeth narrated by al-Bukhaari (5889) and Muslim (257) from Abu Hurayrah (may Allaah be pleased with him), that the Prophet (peace and blessings of Allaah be upon him) said: "The fitrah is five things – or five things are part of the fitrah – circumcision, shaving the pubes, cutting the nails, plucking the armpit hairs, and trimming the moustache."  
#Muslim (349) narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “When a man sits between the four parts (arms and legs of his wife) and the two circumcised parts meet, then ghusl is obligatory.”  
 
#:The Prophet (peace and blessings of Allaah be upon him) mentioned the two circumcised parts, i.e., the circumcised part of the husband and the circumcised part of the wife, which indicates that a woman may be circumcised just like a man.  
This hadeeth includes circumcision of both males and females.  
#Abu Dawood (5271) narrated from Umm ‘Atiyyah al-Ansaariyyah that a woman used to do circumcisions in Madeenah and the Prophet (peace and blessings of Allaah be upon him) said to her: “Do not go to the extreme in cutting; that is better for the woman and more liked by the husband.” But the scholars differed concerning this hadeeth. Some of them classed it as da’eef (weak) and others classed it as saheeh. It was classed as saheeh by al-Albaani in Saheeh Abi Dawood. The fact that circumcision for women is prescribed in Islam is confirmed by the ahaadeeth quoted above, not by this disputed hadeeth. But the scholars differed concerning the ruling, and there are three opinions:  
 
##That it is obligatory for both males and females. This is the view of the Shaafa’is and Hanbalis, and is the view favoured by al-Qaadi Abu Bakr ibn al-‘Arabi among the Maalikis (may Allaah have mercy on them all).  
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##:Al-Nawawi (may Allaah have mercy on him) said in al-Majmoo’ (1/367): Circumcision is obligatory for both men and women in our view. This is the view of many of the salaf, as was narrated by al-Khattaabi. Among those who regarded it as obligatory is Ahmad… it is the correct view that is well known and was stated by al-Shaafa’i (may Allaah have mercy on him), and the majority stated definitively that it is obligatory for both men and women. end quote.  
 
##:See Fath al-Baari, 10/340; Kishshaaf al-Qinaa’, 1/80  
Muslim (349) narrated that ‘Aa’ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “When a man sits between the four parts (arms and legs of his wife) and the two circumcised parts meet, then ghusl is obligatory.”  
##That circumcision is Sunnah for both males and females. This is the view of the Hanafis and Maalikis, and was narrated in one report from Ahmad. Ibn ‘Aabideen al-Hanafi (may Allaah have mercy on him) said in his Haashiyah (6/751): In Kitaab al-Tahaarah of al-Siraaj al-Wahhaaj it says: Know that circumcision is Sunnah in our view – i.e., according to the Hanafis – for men and for women. end quote.  
 
##:See: Mawaahib al-Jaleel, 3/259  
The Prophet (peace and blessings of Allaah be upon him) mentioned the two circumcised parts, i.e., the circumcised part of the husband and the circumcised part of the wife, which indicates that a woman may be circumcised just like a man.  
##That circumcision is obligatory for men and is good and mustahabb for women. This is the third view of Imam Ahmad, and it is the view of some Maalikis such as Sahnoon. This view was also favoured by al-Muwaffaq ibn Qudaamah in al-Mughni.  
 
##:See: al-Tamheed, 21/60; al-Mughni, 1/63  
3-
 
Abu Dawood (5271) narrated from Umm ‘Atiyyah al-Ansaariyyah that a woman used to do circumcisions in Madeenah and the Prophet (peace and blessings of Allaah be upon him) said to her: “Do not go to the extreme in cutting; that is better for the woman and more liked by the husband.” But the scholars differed concerning this hadeeth. Some of them classed it as da’eef (weak) and others classed it as saheeh. It was classed as saheeh by al-Albaani in Saheeh Abi Dawood. The fact that circumcision for women is prescribed in Islam is confirmed by the ahaadeeth quoted above, not by this disputed hadeeth. But the scholars differed concerning the ruling, and there are three opinions:  
 
1 – That it is obligatory for both males and females. This is the view of the Shaafa’is and Hanbalis, and is the view favoured by al-Qaadi Abu Bakr ibn al-‘Arabi among the Maalikis (may Allaah have mercy on them all).  
 
Al-Nawawi (may Allaah have mercy on him) said in al-Majmoo’ (1/367): Circumcision is obligatory for both men and women in our view. This is the view of many of the salaf, as was narrated by al-Khattaabi. Among those who regarded it as obligatory is Ahmad… it is the correct view that is well known and was stated by al-Shaafa’i (may Allaah have mercy on him), and the majority stated definitively that it is obligatory for both men and women. end quote.  
 
See Fath al-Baari, 10/340; Kishshaaf al-Qinaa’, 1/80  
 
2 – That circumcision is Sunnah for both males and females. This is the view of the Hanafis and Maalikis, and was narrated in one report from Ahmad. Ibn ‘Aabideen al-Hanafi (may Allaah have mercy on him) said in his Haashiyah (6/751): In Kitaab al-Tahaarah of al-Siraaj al-Wahhaaj it says: Know that circumcision is Sunnah in our view – i.e., according to the Hanafis – for men and for women. end quote.  
 
See: Mawaahib al-Jaleel, 3/259  
 
3 – That circumcision is obligatory for men and is good and mustahabb for women. This is the third view of Imam Ahmad, and it is the view of some Maalikis such as Sahnoon. This view was also favoured by al-Muwaffaq ibn Qudaamah in al-Mughni.  
 
See: al-Tamheed, 21/60; al-Mughni, 1/63  


It says in Fataawa al-Lajnah al-Daa’imah (5/223):  
It says in Fataawa al-Lajnah al-Daa’imah (5/223):  
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'''Thus it is clear that the fuqaha’ of Islam are agreed that circumcision is prescribed for both males and females, and in fact the majority of them are of the view that it is obligatory for both. No one said that it is not prescribed or that it is makrooh or haraam.'''  
'''Thus it is clear that the fuqaha’ of Islam are agreed that circumcision is prescribed for both males and females, and in fact the majority of them are of the view that it is obligatory for both. No one said that it is not prescribed or that it is makrooh or haraam.'''  


Secondly:
====Secondly====
 
With regard to the criticism of circumcision by some doctors, and their claim that it is harmful both physically and psychologically,  
With regard to the criticism of circumcision by some doctors, and their claim that it is harmful both physically and psychologically,  


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In the answer to question no. 45528 we have mentioned some of the medical benefits of circumcision for women, quoting from some doctors.  
In the answer to question no. 45528 we have mentioned some of the medical benefits of circumcision for women, quoting from some doctors.  


Thirdly:
====Thirdly====
 
We would add here the fatwas of some modern scholars who have responded to this war that has been launched against female circumcision on the grounds that it is harmful to health.  
We would add here the fatwas of some modern scholars who have responded to this war that has been launched against female circumcision on the grounds that it is harmful to health.  


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==See Also==
==See Also==
*[[Violence Against Women (Primary Sources)]] ''- A hub page that leads to other articles related to Violence Against Women (Primary Sources)''
*[[Violence Against Women (Primary Sources)]] ''- A hub page that leads to other articles related to Violence Against Women (Primary Sources)''


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