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FGM is mentioned (at least) [[Qur'an, Hadith and Scholars:Female Genital Mutilation|seven times in the Hadith]]. Four hadith report Muhammad approving of FGM and other hadith report Sahabah (Muhammad's companions) openly participating in FGM. These have less doctrinal authority than the hadith featuring Muhammad. The remaining, seventh, hadith mentions FGM, but neither approves or disapproves of it. | FGM is mentioned (at least) [[Qur'an, Hadith and Scholars:Female Genital Mutilation|seven times in the Hadith]]. Four hadith report Muhammad approving of FGM and other hadith report Sahabah (Muhammad's companions) openly participating in FGM. These have less doctrinal authority than the hadith featuring Muhammad. The remaining, seventh, hadith mentions FGM, but neither approves or disapproves of it. | ||
=== Hadith: Muhammad and FGM === | ===Hadith: Muhammad and FGM=== | ||
====The fitrah is five things, including circumcision==== | ====The fitrah is five things, including circumcision==== | ||
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However, the following Quranic verse requires Muslims to ''<nowiki/>'adhere to the fitrah'''. The word appears only this once in the Qur'an, and is left undefined and unexplained. | However, the following Quranic verse requires Muslims to ''<nowiki/>'adhere to the fitrah'''. The word appears only this once in the Qur'an, and is left undefined and unexplained. | ||
{{Quote|{{Quran|30|30}}|So direct your face toward the religion, inclining to truth. '''[Adhere to] the fitrah''' (فطرة or فطرت) of Allah upon which He has created (فطر) [all] people. No change should there be in the creation of Allah . That is the correct religion, but most of the people do not know.}}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 above ('The fitrah is five things, including circumcision') and it uses the Arabic word ''khitan'' for 'circumcision'. Two 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. The three 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 ''<nowiki/>'khitan''' to refer to both FGM and Male Circumcision. | {{Quote|{{Quran|30|30}}|So direct your face toward the religion, inclining to truth. '''[Adhere to] the fitrah''' (فطرة or فطرت) of Allah upon which He has created (فطر) [all] people. No change should there be in the creation of Allah . That is the correct religion, but most of the people do not know.}}'''''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 above ('The fitrah is five things, including circumcision') and it uses the Arabic word ''khitan'' for 'circumcision'. Two 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. The three 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 ''<nowiki/>'khitan''' to refer to both FGM and Male Circumcision. | ||
Therefore, in the hadith the word '<nowiki/>''khitan''' can refer to FGM or Male Circumcision, or to both. | Therefore, in the hadith the word '<nowiki/>''khitan''' can refer to FGM or Male Circumcision, or to both. | ||
Thus, according to traditional interpretive methodology, by requiring one to ''<nowiki/>'adhere to the fitrah''' the Qur'an indirectly advocates FGM. | Thus, according to traditional interpretive methodology, by requiring one to ''<nowiki/>'adhere to the fitrah''' the Qur'an indirectly advocates FGM. | ||
''<nowiki/>'' | ''<nowiki/>'' | ||
==In Islamic law== | ==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 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''))}} | After Muhammad's death, different schools of Islamic law emerged as theologians and jurists debated among themselves on how to identify, interpret and implement Muhammad legacy. All schools of Islam agree on the authenticity of the Qur'an. The schools of law ([[Madh'hab|madhab]]) differ primarily in how they evaluate and interpret hadith and how they generate legal rulings. Each school has a different hierarchy of interpretative heuristics, at the top of which sits the Qur'an and the Sunnah. If these do not resolve the issue in hand the scholars pass on to the next highest interpretative heuristic, and work their way down a hierarchy of heuristics until the issue is resolved. The fact that each school employs a different hierarchy of heuristics can result in differences in rulings, laws and customs between schools. | ||
Differences in interpretative hermeneutics results in certain Hadith having more weight and influence in 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 either obligatory or highly recommended, and 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. | |||
Adherence to a school of Islamic law appears to be more a matter of geography than of conscience, as followers of each school exist, for the most part, in certain geographical regions, often divided by country lines. | |||
“Narrated Umm Atiyyah al-Ansariyyah: A woman used to perform circumcision in Medina. [Mohammed] said to her: Do not cut severely as that is better for a woman and more desirable for a husband” | |||
Female genital mutilation (FGM) is obligatory in the Shafi'i madhab<ref name=":0">[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 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. | |||
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. | |||
=== Shafi'i Madhab === | |||
Female genital mutilation (FGM) is obligatory in the Shafi'i madhab.<ref name=":0" /> 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.{{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''))}} | |||
=== Hanafi Madhab === | |||
=== Hanbali Madhab === | |||
=== Maliki Madhab === | |||
==In the modern Islamic world== | ==In the modern Islamic world== | ||