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Female Genital Mutilation in Islamic Law

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 or defend FGM refer to it as 'Female Circumcision'. Female Genital Mutilation (FGM) generally consists one or both of the following procedures: Clitoridectomy: the amputation of part or all of the clitoris (or the removal of the clitoral prepuce); Excision: the cutting away of either or both the inner or outer labia. A third procedure, Infibulation, involves the paring back of the outer labia, whose cut edges are then 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.

World maps comparing distributions of FGM and of Muslims

FGM is a practice associated with Islam: about 80% of FGM is attributable to Muslims.^[1] Most of the remaining 20% is attributable to non-Muslims living in FGM-practicing Islamic societies (e.g. the Egyptian Copts^[2]), or to non-Islamic societies that have been hubs of the Islamic slave trade (e.g. Ethiopia and Eritrea).

Unlike Islamic male circumcision, the nature of which is uniform around the world, the practice of FGM varies greatly from community to community and country to country. This is because the procedure of male circumcision is precisely described (in Genesis). Several hadith report Muhammad approving of FGM, but they give very few clues as to the nature of that which he was approving. Consequently the practice of FGM varies greatly from community to community and country to country, possibly according to the intensity of anxieties around female sexuality in the community, its proximity to Islamic slave-trade routes (Infibulation is associated with the transportation of slaves), the presiding school of Islam (fiqh), and the nature and degree of historical Christian influence and colonisation.

In addition to Islamic law that explicitly addresses FGM, Islamic law favours FGM by creating social conditions that make the practice useful or even necessary. Polygyny (the marriage of a man to several women) is permitted in Islam and creates sexually violent societies in which girls and women are at a heightened risk. In response to this risk polygynous societies develop practices which safeguard the 'purity', chastity and reputation of its girls and women. FGM is such a practice, as are child marriage, gender segregation, arranged marriages, chaperoning, veiling, 'honour' culture, brideprice (mahr) and footbinding. Islam's attitudes towards slavery, especially sex slavery, appears to also have a significant role in the nature, incidence and distribution of FGM.

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 (largely attributable to a growing awareness of the practice by organisations such as the UN and UNICEF). The earliest fatwa that is clearly critical of FGM appears to have been issued in 1984.^[3]

The euphemism Female Circumcision is often used instead of Female Genital Mutilation by those who practice it, or who wish to defend or excuse it. Those who practice FGM will, of course, not refer to what they do as 'mutilation' - the word having negative connotations. Quran 30:30 forbids mutilation - however Islamic law makes exceptions for mutilations it allows e.g. amputation of limbs of thieves (Quran 5:38) and male circumcision.

FGM in the Hadith

FGM is mentioned (at least) seven times in the Hadith. Four report Muhammad approving of FGM and two report Sahabah (Muhammad's companions) participating in FGM. These have less doctrinal authority than the hadith featuring Muhammad. The remaining, seventh, hadith has little import doctrinally, but is of linguistic, historical and sociological interest.

Hadith: Muhammad and FGM

The fitrah is five things, including circumcision

Hadith methodology dictates that if it is not mentioned specifically or if the pronouns do not point to a certain gender, then the hadith is valid for both sexes. Hence, the following hadith is applicable for both men and women.

A preservation of honor for women

Do not cut "severely"

Note that the judgement concerning what is severe is relative.

When the circumcised parts touch each other

To 'sit amidst four parts of a woman' is a euphemism for sexual intercourse.

Other Evidence in the Hadith

The following three hadith touch on FGM. Because they do not involve Muhammad they have less doctrinal authority than the hadith in the previous section.

One Who Circumcises Other Ladies

This hadith includes an exchange of insults between Meccan warriors and Muhammad's companions prior to the battle of Uhud.

In Bukhari's al-Adab al-Mufrad

The following two hadiths come from Al-Adab Al-Mufrad. This is a collection of hadith about the manners of Muhammad and his companions, compiled by the Islamic scholar al-Bukhari. It contains 1,322 hadiths, most of which focus on Muhammad's companions rather than Muhammad himself. Al-Bukhari's evaluation of the hadiths within al-Adab al-Mufrad was not as rigorous as for his best-known collection - Sahih Bukhari. However, scholars have ruled most of the hadith in the collection as being sahih (authentic) or hasan (sound).

Someone to Amuse Them

Go and Circumcise Them and Purify Them

FGM in the Qur'an

There is no explicit reference to Female Genital Mutilation in the Qur'an.

However, the Qur'an 30:30 requires Muslims to 'adhere to the fitrah'. The word 'fitrah' appears only this once in the Qur'an, and is left undefined and unexplained.

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 in the previous section.

This hadith uses the Arabic word khitan for 'circumcision'.

Two other 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. Three other 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 'khitan to refer to both FGM and Male Circumcision.

Therefore, in the hadith the word 'khitan' can refer to FGM, or to Male Circumcision, or to both.

Thus, according to traditional interpretive methodology, Qur'an 30:30 by requiring one to 'adhere to the fitrah' indirectly, but ineluctably, advocates FGM.

FGM in Islamic law

Maps showing distribution of madhaps and prevalence of FGM

A Madh'hab (مذهب) is a school of Islamic law or fiqh (Islamic jurisprudence). Within Sunni Islam there are four mainstream schools of thought, which are accepted by one another, there is also the Shi'ite school of fiqh. The various schools of Islamic law all developed as theologians and jurists debated among themselves more than a hundred years after Muhammad's death on how to identify and interpret what Muhammad had left behind by way of oral traditions. The five major schools of Islamic law agree on many things. Adherence to a school of Islamic law appears to be more a matter of geography than conscience.

All schools of Islam favour FGM, but with varying levels of compulsion. No school of Islam can forbid FGM since nothing that Muhammad allowed can be prohibited. Contemporary scholars, however, are adept at phrasing fatwas in such a way as to appear to criticise or condemn FGM whilst at the same time not forbidding it (see section on Equivocation below).

Differences in hermeneutics (methodologies of interpretation of texts, especially religious and philosophical texts) result in certain Hadith having more weight and influence with some schools than in others. The hadith 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 being either obligatory or highly recommended, and FGM 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.Some prominent modern Islamic scholars have dissented from the otherwise favorable consensus of the Islamic tradition, and ruled it to be unlawful.

Only one school of Islam - the Shafi'i - make FGM unequivocally obligatory. The other schools of Islam recommend it with differing levels of enthusiasm (though the Hanbali school's position is more ambiguous). We can speculate that followers of the Hanafi and Maliki schools who are devout (or who wish to appear devout) will tend to treat as ‘obligatory’ practices that are merely ‘recommend’ – since for the devout anything that is ‘recommended’ should be definitely done.

Maliki Madhab

The Maliki school was founded by Malik ibn Anas in the 8th century, who ruled that FGM is recommended, but not obligatory.

“Maliki hold the view that it is wajib (obligatory) for males and sunnah (optional) for females“

Hanafi Madhab

This school is named after the scholar Abū Ḥanīfa an-Nu‘man ibn Thābit (d. 767) and is school with the largest number of followers among Sunni muslims. Abū Ḥanīfa maintained that FGM is not obligatory but highly recommended.

The Hanafi school is the school of Islam under which there is the least incidence of FGM. Pakistani Muslims are generally Hanafi, and have, till recently, been the largest muslim diaspora to the West. Pakistanis are also frequently English-speaking. Both of which facts increase the prevalence in the West of the narrative that FGM is nothing to do with Islam. With increasing immigration to the West from Shafi’i countries (Somalia in particular) this narrative is harder to maintain since (see below) FGM is obligatory under Shafi’i Islam.

'Circumcision is sunnah and fitrah. For women, circumcision is makrumah. If the inhabitants of a country reach a unanimous decision to abandon circumcision, the Imam has to wage war against them as it is one of the rituals and a specificity of Islam.'

Shafi'i Madhab

The Shafi’i school was founded by the Arab scholar Al-Shafi‘i in the early 9th century. The Shafi’i school rejects two interpretative heuristics 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. Female genital mutilation (FGM) is obligatory in the Shafi'i madhab.^[4] Infibulation, the most extreme form of FGM practiced under Islam, is almost entirely attributable to Shafi'i Muslims.

“Shafi’i view it as wajib (obligatory) for both females and males” Delinking Female Genital Mutilati

'Reliance of the Traveller' by by Ahmad ibn Naqib al-Misri (1302–1367) is the Classic Manual of Islamic Sacred Law according to Shafi'i School.

Nuh Ha Mim Keller's 1991 translation of Reliance of the Traveller is bowdlerised to make its content more acceptable to Western eyes and translates the word 'bazr' ( بَظْرٌ ) as 'clitorial prepuce' instead of simply 'clitoris' (see section Defining Bazr).

Hanbali Madhab

The Hanbali school is named after the Iraqi scholar Ahmad ibn Hanbal (d. 855). Ahmad ibn Hanbal studied under Al-Shafi‘i (founder of the Shafi’i school) and inherited his deep concerns about the jurists of his time, who were ready to reinterpret the doctrines of the Koran and Hadiths to pander to public opinion and the demands of the rich and powerful. Ibn Hanbal advocated a return to the literal interpretation of Koran and Hadiths. This has made the Hanbali school intensely traditionalist. Today’s ultra-conservative Wahhabi–Salafist movement is an offshoot of this school. The Hanbali school, unlike the Hanafi and Maliki schools, reject Istihsan (jurist discretion) and Urf (the customs of muslims) as a sound basis by which to derive Islamic law.

Shia Islam

The attitudes of Shia Islam towards FGM are as not clear-cut as with the schools of Sunni Islam. It is known that FGM is practised by Zaydis in Yemen, Ibadis in Oman and at least by parts of the Ismailis (the Dawoodi Bohras in particular) in India. A survey by WADI conducted in the region of Kirkuk in Iraq found that 23% of Shia girls and women had undergone FGM^[5].

Jafari

Ismaili

FGM appears to be endemic to the Dawoodi Bohras^[6] – an Ismaili sect found in India, Saudi Arabia, Pakistan, Yemen and East Africa. Their current spiritual leader has recommended FGM as being necessary for purity and to avoid sin.

In 2017 two doctors and a third woman connected to the Dawoodi Bohra in Detroit, Michigan, were arrested on charges of conducting FGM on two seven-year-old girls in the United States. Their Attorney confirmed that FGM was, for her clients, a religious practice^[7]:

Muʿtazila

Muʿtazila is a rationalist school of Islamic theology that flourished in the cities of Basra and Baghdad during the 8th to the 10th centuries. The Mu'tazila developed an Islamic type of rationalism, partly influenced by Ancient Greek philosophy.

Modern Fatwas

See (link to Fatwas concerning FGM page)

The following is a selection of Fatwas, and extracts from fatwas, from the 20th and 21st Century. Note that many are secondary or even tertiary sources

Favourable

(1939) “Female circumcision is only desirable, i.e., not compulsory, and it consists of cutting off part of the clitoris. More than that is forbidden in view of the Um Atiyah report: “Circumcise but do not go too far, for thus it is better for appearance and gives more pleasure to the husband”. This is the female circumcision which is desirable in Islam. Other forms such as that known among us as the Pharaonic are mutilations and mutilations are categorically forbidden.” The Mufti of Sudan – cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh

(1951) “Female circumcision is a part of the emblem of Islam and it is mentioned in the prophetic sunnah. [FGM’s bad effects] are neither certain nor proven, and therefore one cannot base himself on them to reject the circumcision in which the wise Legislator saw a wisdom” Sheikh Nassar – cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh

(1951)“ When it is proven by the precise research, and not by a temporary opinion given out to satisfy a particular tendency or to conform itself to traditions of given people, that a thing includes a damage for health or a depravity of the morals, it must be forbidden according to the religious law in order tho avoid the damage or the depravity. And until this is proven concerning female circumcision , this practice will continue according to what people are accustomed in the light of the Islamic law and the knowledge of the religious scholars since the time of the prophecy [of Muhammad] until this day, i.e. that the circumcision is a makrumah, and not an obligation or sunnah.” Sheikh Shaltut, of Al-Azhar University (1951) – cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh

(1981) “If a region stops, of common agreement, to practice male and female circumcision, the chief of the sate declares war against that region because circumcision is a part of the rituals of Islam and its specificities. This means that male and female circumcisions are obligatory.”  sheikh Jad-al-Haq – cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh

(1985) “This attack against the female circumcision […] is undertaken by its adepts and its propagators, either because of ignorance or distraction like parrots, or because of bad intentions and hidden motives like foxes and wolves, or because of hostility and hate like collaborators and agents paid by traitors and enemies[…]. Their only worry is to satisfy their instincts and their passions. Their goal is to free themselves of all limits, morals, traditions and customs. They try to reverse our society according to their limping opinions , their black hearts and their sly mind, to make a society base on corruption, wantonness, atheism, anarchy and immorality” a professor of the  faculty of Muslim theology in Mansurah, Egypt – cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh

(1986) "Thus it is clear that female circumcision is prescribed in Islam, and that it is one of the Sunnahs of the fitrah and it has a good effect of moderating the individual’s behaviour. 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. ..." Fatwa of Dar al-Ifta’ al-Misriyyah

(2000) “Those who hate Islam and its rituals launched a ferocious campaign against female circumcision. This campaign is fed by Christian spite, sustained by the crusaders’ mass media and financed mainly by the American dollar […]. Even worse is when some Muslim countries promulgate laws forbidding physicians and circumcisers to perform the female circumcision and applying sanctions against those who violate these laws […]. By so doing, these States forbid what God permits. And that is where the danger resides […]. However, one knows that, according to the Muslim religion, the interdiction or the permission belongs to God […] and to no one else be he governed or governor, man or angel.”  a Saudi sheikh – reported in in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh

(2002) “Ibn Quddamah said in al-Mughni: As for circumcision, it is obligatory for men and it is good in the case of woman, but it is not obligatory for them.” Circumcision: how it is done and the rulings on it, Islamqa

(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.” IRIN interview with Sheikh Omer, a muslim religious leader, Ethiopia

(2007) “[A]s far as Islam is concerned “we do observe circumcision not mutilation” Gambian imam: Prophet Muhammad spoke well of FGM

(2008) “The [Moslem] Brotherhood […] opposes banning [FGM] because it is a tradition that should remain an option for medical reasons and “beautification” purposes.” Egypt’s child protection law sparks controversy the Christian Science Monitor

(2009) “[The Hadiths] require […] every woman be circumcised, failing which she will be impure and not even able to handle food. Why, moreover, wish to forbid female circumcision in a country made up of 90% Moslems?” Abou Ly (l’Association des imams et oulémas du Sénégal), quoted and translated from “Quand les «savants musulmans» justifient les mutilations génitales féminines”

Muslim Brotherhood flyer promoting FGM (amongst other medical services)

(2012) “The second strategy of the [Moslem 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”" Mutilating bodies: the Muslim Brotherhood’s gift to Egyptian women

(2013) “The Indonesian Council of Ulema (MUI) is in favour of female circumcision (and men) that, although it can not be considered mandatory, it is still “morally recommended.” Kiai Hajj Amin Ma’ruf [the head of the council], pointed out that it is an “advisable practise on moral grounds”, at the same time, he rejects any attempt to declare this practice illegal or contrary to the principles. It comes under the sphere of “human rights,” said the Islamist leader, and is “guaranteed by the Constitution.”” Indonesian Ulema in favour of female circumcision: a “human right”

(2014) “In the Maldives […circumcision] is the ‘symbol that differentiates Muslims from non-Muslims [...] All four schools of Sunni jurisprudence however regard it as either ‘obligatory’ or ‘preferable [...FGM] is one of the five things that are part of fitrah, or nature, says the fatwa by Dr. Mohamed Iyaz Abdul Latheef, Vice President of the Fiqh Academy of the Maldives [...] the fatwa points to the increasing influence of Saudi Arabia. The cleric uses the Saudi Arabian Fatwa Committee’s concern over the decline of female circumcision in Muslim countries as a stamp of approval for the practice for all Muslims” cited in Cleric calls for FGM on Islamic grounds – MALDIVES

(2014)“For protecting our Islamic nation in Iraq and Syria, our land, and our people, we need to look after our women and their behavior while preventing them from the dreadful modern life they are surrounded with.“ ISIS fatwa – reported: FGM in Iraq: The hoax of a hoax?

(2016) “An Islamic cleric from Russia’s North Caucasus has called for all Russian women to undergo female genital mutilation […] Ismail Berdiev, a member of the Presidential Council for Cooperation with Religious Communities, said that FGM was needed to combat “sexual immorality […] All women must be cut, so that there will be no depravity on Earth.” Russian Muslim Cleric Calls for Genital Mutilation of All Women,

(2018) “On Feb. 6, Somaliland announced a new fatwa, or religious edict, banning two of the three types of female cutting […] According to the organizations, the ruling made a certain type of FGM/C “mandatory” for every girl in Somaliland and at the same time banning the most extreme forms.” Aid agencies decry decision to encourage FGM in Somaliland

(2018) “[The Islamic Central Council of Switzerland’s] Secretary-General Ferah Uluca said that while the paper justifies the practice, it does not call on Muslims to perform it as a duty. Uluca said it is up to each parent to decide” Islamic Central Council of Switzerland justifies female genital mutilation

(2018) “Circumcision is prescribed for both males and females. The correct view is that […] circumcision of women is mustahabb [‘virtuous‘] but not obligatory […] Female circumcision has not been prescribed for no reason, rather there is wisdom behind it and it brings many benefits. Mentioning some of these benefits, Dr. Haamid al-Ghawaabi says […]” Medical benefits of female circumcision – 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.”." Circumcision of girls and some doctors’ criticism thereof – islamqa

(2018) “[Dr Ali Selim, a spokesman for the Islamic Cultural Centre of Ireland in Clonskeagh], who is also a lecturer at Trinity College in Dublin […] argued that female circumcision was unfairly framed as a “dark-skin practice” and “barbaric,” insinuating that criticism is racist or prejudiced.” Irish Muslim Leader Backs Female Genital Mutilation

(date not known) “I personally support [FGM] under the current circumstances in the modern world. Anyone who thinks that circumcision is the best way to protect his daughters should do it [...] The moderate opinion is in favor of practicing circumcision to reduce temptation.” Yusuf al-Qaradawi (born 1926) cited in ‘Modern Fatwas’ (1987)

(date not specified, but the citation from modern film footage) “I don’t know why a German, British or American entity (thinks it can) come to us to decide for us the circumcision of our daughters! Why should they decide on matters of our girls and women? We base our religion on Allah’s book and the sayings of our beloved prophet and our scholars [...] Look at any of the books of fiqh from our imams, respected leaders, and scholars–ask them. You will find that our scholars have said that circumcision of women–there are some who say that it is obligatory while others say that it is commendable [...] this does not mean that I am subjecting the religion to inspection from a doctor. No, my brothers, this does not mean that I subject evidence from the shari'a to review from a doctor!”” Muhammad Hassan Female Circumcision - https://youtu.be/4gloOIDTrkA

(date not specified) "The calls which urge the banning of female circumcision are call [sic] that go against Islam, because there is no clear text in the Qur’aan or Sunnah and there is no opinion of the fuqaha’ that says that female circumcision is haraam. Female circumcision is either obligatory or recommended [...] The words of the doctors and others are not definitive. Scientific discoveries are still opening doors every day which change our old perceptions." Fatwa of Shaykh ‘Atiyah Saqar – the former head of the Fatwa Committee in al-Azhar

(date not specified) “Some (e.g. the late Rector of Al-Azhar University, Sheikh Gad Al-Haque) argued that since [Mohammed] did not ban female circumcision, it falls within the category of the permissble. As such, there is no ground for a total ban on it.” IS FEMALE CIRCUMCISION REQUIRED

Critical

The following are extracts from fatwas that are critical, or appear critical, of FGM. The extracts were originally selected in order to illustrate the variety of arguments critical of FGM found in modern fatwas. Most come from much longer fatwas which mobilise several justifications for their positions and as such the interested reader is encouraged to follow the link and read the full fatwas. All engage in some form of error, obfuscation or deception which are debunked in the section Arguments de-linking FGM from Islam

FGM IS NOT REQUIRED BY ISLAM

“All practices of female circumcision and mutilation are crimes and have no relationship with Islam. Whether it involves the removal of the skin or the cutting of the flesh of the female genital organs… it is not an obligation in Islam.” Dr Ahmed Talib, Dean of the Faculty of Sharia at Al-Azhar University

“In response to a question of the author of the book Razor and Tradition, which discusses Female Genital Mutilation, [Khamenei] noted that female circumcision is permissible but not obligatory (2011)” Fatwa of the Supreme Leader of Iran, Ayatollah Khamenei

FGM EXISTED BEFORE ISLAM

“While the exact origin of female circumcision is not known, it preceded Christianity and Islam.” IS FEMALE CIRCUMCISION REQUIRED

THERE IS NO FGM IN THE KORAN

“The practice is not mentioned in the Quran” A Fatwa on FGM Could be Part of the Solution – Kurdistan 2010

THE QUR'AN FORBIDS MUTILATION

“Allah Almighty prohibits in the Holy Quran to cut a body part of human beings without any reason because a human being is the most beloved creature to the omnipotent Allah, and is the creature in whose beautiful creation the Almighty takes pride in.” Islam And Female Genital Mutilation, Pakistan, 2016

“The traditional form of excision is a practice totally banned by Islam because of the compelling evidence of the extensive damage it causes to women’s bodies and minds,” Egyptian Clerics Say Female Circumcision Un-Islamic, 2007

“God gave people dignity. In the Qur’an God says: “We have dignified the sons of Adam”. Therefore, God forbids any harm coming to man, irrespective of social status and gender.” Professor Ali Gom’a, Grand Mufti of Egypt, 2006

THERE IS NO RECORD OF MOHAMMED HAVING HIS WIVES OR DAUGHTERS CIRCUMCISED

“[Mohammed] had four daughters and we have no strong sources to prove if even one of them was circumcised” Islam And Female Genital Mutilation, Pakistan, 2016

THE FGM HADITH ARE WEAK

“In a Hadith it is mentioned:”Circumcision is Sunnah for men and an honorable thing for women.” Due to the weakness of this hadith and other hadiths that refer to female circumcision with some of their narrators being known for deceptiveness and others whose narrations carry no weight scholars of Islamic Law have differed widely regarding its legal ruling.” does female circumcision have its place in Islaam, 2006

ISLAM SHOULD ADAPT TO CONTEMPORARY MORES

“Today, female genital mutilation is not common among Shiites but the usage narrative show that it does not hurt if it can be done with its conditions, including compliance with health issues. But because the social norms have changed today, this action would not be acceptable like many other topics which their sentences were changed due to circumstances and facts.” The point of view of the Supreme Leader of the Islamic Republic of Iran on Female Genital Mutilation, 2014

MOHAMMED WANTED TO FORBID FGM BUT COULDN’T

“Islam did not forbid [FGM] at that time because it was not possible to suddenly forbid a ritual with strong roots in Arabic culture; rather it preferred to gradually express its negative opinions. This is how Islam treated slavery as well, (gradual preparation of the society for the final forbiddance of slavery).” Sayyad Mohammed Hussein Fadlallah, Grand Sheikh of Lebanon

FGM before Islam

Islamic sources

The hadith 'One Who Circumcises Other Ladies' suggests that FGM was practiced by the Banu Quraysh, Mohammed's native tribe, and that the FGM reported in the Hadith (which therefore took place after Mohammed's migration to Medina) was a practice carried over from pre-Islamic Mecca.

The Hadith tells how, prior to the battle of Uhud, Hamza, one of Mohammed’s companions, taunts the Meccan warrior, Siba. Hamza implies that Siba is like ‘Ibn Um Anmar’ – a woman who was a known circumciser of women. The more descriptive phrase ‘muqteh al-basr‘ – ‘one who cuts clitorises‘ – is used rather than the usual KHITAN.

This taunt suggests that clitoridectomy was practiced by the Quraysh, and that it was a role reserved for women, probably of low-status, hence its insulting nature when directed against a warrior. The taunt could only be effective if it humiliated Siba in the eyes of both his fellow Meccan warriors and also the Muslim warriors. Thus its use implies that members of both camps had knowledge of the practice and a shared culture of clitoridectomy. The fact that a circumciser of women could be famous (or notorious) also suggests that it was an established practice with the Meccan Quraysh.

Non-Islamic sources

There is evidence that FGM was practiced before the birth of Muhammad in the Middle East and along the African coast of the Red Sea. The following are listed in roughly chronological order.

There are reports that some Egyptian mummies show signs of FGC. However this appears to be disputed.

spell or prayer found on an Egyptian coffin dating from sometime between 1991–1786 BC

A spell or prayer found on an Egyptian coffin dating from sometime between 1991–1786 BC appears to refer to an uncircumcised girl.

An analysis of this hieroglyph by the Egyptologist Saphinaz-Amal Naguib suggests that the procedure referred to was not the infibulation that has become commonly associated with Ancient Egypt (hence ‘pharaonic’ circumcision), but rather clitoridectomy. This seems to be confirmed by other later Greek descriptions of the Egyptian practice.

A fragment referring to a fifth-century B.C. history by Xanthos of Lydia (Western Asiatic Turkey) uses the word 'castrated' in relation to women. I may refer to FGM, or some method of permanently sterilizing women.

'There are several classical references from the geographer Agatharchides of Cnidus (fl. 2nd century BC., who identified a tribe living on the west coast of the Red Sea which excised their women in the manner of the Egyptians, and that another group cut of in infancy with razors the whole portion that others circumcise'. ^[8]

A papyrus dated from 163 BC refers to the operation being performed on girls in Memphis, Egypt, to coincide with the time when they received their dowries.

Strabo (64 or 63 BC – c. AD 24), a Turkish-born Greek geographer, observed the practice whilst travelling up the Nile.

Another passage from Strabo suggests that Jews practiced FGM some time after Moses’ death.

The Jewish philosopher Philo of Alexandria (c. 20 BC – 50 AD) reports in his ‘Questions on Genesis’^[9]:

The Greek physician Galen (129-c. 200 AD) notes that the Romans developed a procedure which involved slipping fibulae (the latin word for ‘brooches’) through the labia majora of female slaves as a form of contraception. He also notes in his ‘Introductio sive Medicus’:

Greek physician, Soranus of Ephesus (1st/2nd century AD. Ephesus was a Greek colony found on the west coast of Turkey) also noted the same procedure. One of the titles in his manual of gynecology is ‘On an excessively large clitoris’. The actual text of this chapter has not survived. However there exists a translation, probably from the the sixth century AD:

Caelius Aurelianus, a fifth-century AD physician from Sicca Veneria (modern el-Kef in Tunisia), synthesised much of Soranus’s work. In a chapter entitled ‘On an excessively large clitoris’, he wrote:

Closer to the time of Mohammed, the Byzantine Greek physician Aëtius of Amida (fl. mid-fifth century to mid-sixth century. Amida was located where modern Diyarbakır now stands in east Turkey) describes a clitoridectomy, citing the physician Philomenes:

Paulus of Aegina (Aegina is one of the Saronic islands of Greece), a 7th Century AD urologic surgeon, was something of an expert and gives his version of how to perform the procedure (the word ‘nympha’ usually refers the labia minora, but here seems to be being also used of the clitoris):

The sociology of FGM

The origins of FGM

The previous section shows that FGM existed before Islam. The fact that FGM can exist without it being justified by religious doctrine suggests that its causes may in part be social.

Much of what follows is based on the work of Gerry Mackie, a political scientist who has investigated the social origins of FGM, using comparative-historical sociology and game theory.  Mackie identifies the roots of FGM as lying in polygyny, particularly the kind of extreme polygyny that existed at the heart of empires, where some men could become powerful and wealthy enough to be able to afford harems of hundreds of concubines (the word 'concubine' is a euphemism for sex-slave).

In a monogamous marriage a husband and wife can spend much time together (and thus better monitor each others fidelity), can grow close to one another, and their sexual and emotional needsare more-or-less proportional. In polygynous societies the rich and high-status men who can afford to keep multiple wives face a problem guaranteeing the fidelity of their many wives. And the more they have the greater that problem becomes. A polygynous man may have anything from two to a thousand 'concubines' whom he must satisfy emotionally and sexually, provide with offspring and keep faithful. If the needs of his wives are not satisfied, they will be tempted to look elsewhere, and this may result in the high-status man rearing children that are not his own.

maps showing distribution of polygamy (its legal status and/or its practice) and the distribution of FGM

Consequently, polygynous societies evolve technologies and practices which assure the chastity of both wives and potential wives.

• harems keep 'concubines' locked away, guarded by eunuchs;
• footbinding (as once practiced by the Chinese) reduces the physical independence of girls and women;
• chaperoning and gender segregation  eliminate interactions between the sexes;
• arranged and child marriages obviate the dangers that romance and courtship pose to a girl's chastity and reputation;
• veiling  makes girls less interesting and identifiable to males;
• FGM reduces women's capacity for sexual pleasure both physically (through the removal of the clitoris and labia, or sealing the vagina shut) and mentally (through the effects of trauma).

Hypergyny is the urge for women to marry into higher strata of society. Polygynous societies are extremely hypergynous. It is considered preferable to be the nth wife of a rich man than the only wife of a poor man. This is because in polygynous societies

• a married high-status man remains available to further marriages (unlike in monogamous societies);
• the only acceptable role for a girl to aspire to is that of 'wife'. A girl can only better her life by marrying a rich man;
• the wealth gradient tends to be steeper – the poor poorer, the rich richer ;
• marriages involve the payment of a brideprice by the groom (or his family) to the bride (or her family), which will be higher from a rich man than from a poor man;
• marriage to high status men is highly advantageous to the bride's family, who will benefit from the bride-price and from having a high-status male as a relative.

To stand a chance of making an 'advantageous' marriage girls must meet the requirements of the high-status polygynous men. She, and her family, must persuade him that she is 'pure', chaste and will be faithful. They demonstrate this by adopting (or having their daughter adopt) the Chastity Assurance practices required by polygynous elite man, whether it be FGM or other such practices listed above. The intensely hypergynous nature of polygynous societies means that the marriage requirements of high-status polygynous men cascade down through the ranks of society, and are rapidly adopted by all families.

In polygynous societies the marriage market heavily favours polygynous elite men, because they are relatively few elite polygynous men whilst there are many lower-ranking potential brides. Low-ranking families must therefore compete with each other and persuade higher-ranking men to marry their daughters. It is not enough to simply adopt the elite’s marriage-practices, the daughter has to be made to stand out from the crowd of other candidates hoping to make a hypergynous match.

A girl’s fidelity, purity and chastity becomes her most important selling-point and the more spectacularly she can advertise this the better. Families therefore seek to make conspicuous the ‘honour’ of their lines, the purity of their females, and their commitment to the values of chastity, fidelity and modesty. In a process analogous to Sexual Selection in Nature, female modesty takes on a competitive value rather than an intrinsic one and this provokes an ‘inflation’ of modesty practices and attitudes: “one wrong word about my sister and I will kill you”…”the smaller the foot, the better the family”….”the more extreme the cutting the better the girl’s reputation”…”the more harshly a family punishes its daughters’ immodesty, the more likely she is to be pure”…

FGM becomes a symbol, a proxy, for chastity and fidelity. Girls and families who do not observe these Chastity Assurance practices are stigmatised as 'impure', contaminating and guaranteed to be unfaithful if anyone should have the misfortune to marry them. They are 'untouchable' and suffer discrimination, ostracism and persecution. Only the daughters of the poorest families, who can not afford to engage in such practices, remain unmutilated. They serve as public demonstrations of the ignominy that results from not following modesty practices. The avoidance of stigma becomes as much an incentive to mutilate one's daughters as making a good marriage.

The universality of FGM within a local intramarrying community generates folk beliefs: that women must have excessively lascivious natures to require such scrupulous guarding and restraint; that the clitoris will grow to the length of a goose’s neck if not removed during childhood; that contact with the clitoris kills, be it the baby during its birth or the husband during intercourse; that an 'uncut' vulva is ugly; that FGM enhances a woman’s facial beauty; that FGM improves a woman's health and hygiene; that a ‘cut’ vulva is more pleasurable to the husband; that FGM enhances fertility. These folk beliefs are self-enforcing because the believed consequences of violating them are sufficiently grave that their truth is never tested – they are ‘belief traps’. This is the case not only with those folk beliefs which threaten death, but also those which postulate the un-marriageability of the uncut girl.

FGM persists even if its originating conditions lapse, and even when the majority of the community wish to abandon the practice. In a community where it is a pre-condition of marriage that a girl should be mutilated, a parent who doesn't have his daughters mutilated risks having unmarried daughters to support those daughters for the rest of his life, and also suffer the stigma and persecution that comes with having uncut daughters. Thus the consequences of not having his daughters mutilated only serve to reinforce, in the eyes of the community, the necessity of having one's daughters mutilated. The only way a community can abandon FGM is if the whole community, or a significant part of it, in a coordinated manner, pledges to not mutilate their daughters and also, crucially, pledges to only marry their sons to unmutilated girls. This approach - the Pledge Association method - worked spectacularly well with footbinding in China. However, it has been much less successful with FGM, probably because whilst footbinding was a secular practice, FGM is a religious one.

Islamic Doctrine that creates social conditions favourable to FGM

Even if Islamic doctrine didn't explicitly mandate/allow it, it is possible that FGM would still be practiced.

A culture's kinship system has far reaching consequences - determining laws, beliefs and institutions that, at first sight, can appear only distantly related. From the the previous section, it might be remarked that Islam, by allowing and encouraging polygyny, not only reproduces the originating conditions for FGM but also enshrines in law and custom secondary consequences of polygyny, such as bride-price, veiling, gender segregation, arranged and child marriage, and excessive preoccupation with feminine 'purity'. Indeed, Islam could be characterised as the codification and sacralisation of polygyny, and of the consequences of polygyny.

Monogamous kinship systems approach a state of equilibrium where every man and woman can expect to find a spouse. This state of equilibrium is impossible in a polygynous system. Females become a commodity with both inherent value (their beauty, reproductive and home-making capacities) and value as a status symbol (the more wives you have the higher your status). This fuels a dynamic where the demand for marriageable females always exceeds the supply, where elite men can never have enough wives and poor men are doomed to systemic bachelorhood.

The 'bride-famine' that develops amongst poor low-status men is alleviated by introducing ever more females to the marriage market: children, cousins, and females captured in raids (either to be taken as wives by the raiders, or sold as sex-slaves to the elite). Where such raids are not an option - young men direct their sexual frustration towards those closer to home: the girls and women of their community. This makes for sexually violent societies. And because polygyny turns marriageable females into scarce and valued commodity, the anxiety of families and husbands with regard to the chastity and purity of their females is amplified and becomes neurotic.

Because of the supposed ‘perfection’ of Islam, Muslims are unable to identify the social causes of the sexual violence endemic to their societies. It is instead attributed to notions that female sexuality is excessive, indiscriminate and dangerous if left unchecked by chastity assurance measures such as FGM. Islam thus creates a concurrence of dysfunctional marital, sexual and kinship practices. It overvalues the chastity and purity of females whilst, at the same time, creating sexually violent societies which put that very chastity and purity at increased risk. The solutions Islam offers to this conundrum exacerbate the problems thus creating a social and normative context in which chastity assurance measures such as FGM, become useful or even necessary.

sex-slavery

Islam permits sex-slavery, nor limits the number of sex-slaves a man can own.

Gerry Mackie suggests that it is extreme polygyny that gives rise to chastity assurance measures such as FGM. Extreme polygyny is only possible if sex-slaves are introduced into the system. We can note that the famously large harems of the Sultans, Shahs and Sheiks scrupulously respected Islamic law (e.g. the Sultan Moulay Ismail Ibn Sharif of Morocco^[10] had four wives and at least 500 'concubines', and Fat′h Ali Shah Qajar, the second Shah of Iran, also had 4 wives, but also a harem of 800-1000 'concubines'). Extreme polygyny without sex-slavery (i.e. females forcibly imported into the system) creates correspondingly extreme bride-famines at the bottom of society, and also deprives the affected men of a means whereby to relieve that famine. This makes for unstable societies - where the interdiction on capturing sex-slaves would not, anyway, be respected.

Furthermore polygyny that is strictly restricted to a maximum of four wives (with no sex-slavery permitted) loses its power as a status symbol and becomes less desirable to elite men, and likewise diminishes the community's hypergynous drive. Thus in the absence of sex-slavery polygyny tends to diminish and die out.

Historians estimate that two thirds of slaves under Islam were girls or women. Whilst local raids on neighbours fuel tribal polygyny, Islamic polygyny drew on sources of slaves from far afield - especially Africa. This involved captured women and children in long treks across the continent, often to Ethiopia or Zanzibar for transportation to Arabia. These treks were risky and took a heavy toll on those in captivity. Virgins (and therefore prepubescent or adolescent girls) were the most valuable slaves. Infibulation (the sealing up of the vagina) was developed as a technology to protect the viriginty of these girls over these long hazardous treks. There appears to be a correlation between the historical centres of the Islamic slave trade and the distribution of infibulation today, and the influence of the Islamic slave trade could explain the pervasiveness of FGM in Islamic Africa today.

mahr

The payment of bride-price (mahr) by the groom (or his family) to the bride (or her family) is mandatory in Islamic law.

All marriages in polygynous kinship systems involve some kind of bride-price. The scarcity of marriageable women which polygyny causes turns them into a valuable asset, that is cashed in when she is 'sold' in marriage. The scarcer marriageable women are the greater the dowries. This makes marriage unaffordable to low-ranking young men, even if they do manage to find a bride. But if a girl is perceived to be unchaste, or if she’s been a victim of sexual violence, she becomes impure and un-marriageable and loses all her economic value. This leaves her family stuck with a valueless commodity that they must support for the rest of their lives. This creates a further incentive for parents to engage in chastity assurance practices such as FGM.

child marriage

Islamic law sets no lower age at which a girl can be married off.

Introducing little girls into the marriage market is a response to the the scarcity of women caused by polygyny and child marriage is universal to polygynous societies. Dowry further incentives child-marriage, as it becomes advantageous for parents to ‘sell-off’ their daughters before adolescence, when reputations (and therefore also the girl's economic value) are at greater risk. The bride-price for a child is generally less than for an adolescent or adult woman. This makes children a more affordable to poor and low-status men. Polygyny increases mens' paternity anxieties and doubts, and also creates anxieties connected to the management of multiple wives – therefore submissiveness, obedience, manipulability are valued in a wife - characteristics more pronounced in younger brides. It has been observed that polygamous men select younger girls as wives (even as first wives) than monogamous men.

In monogamous societies, the incest taboo extends not only to daughters but also to women young enough to be a man's daughter. This separation of generations does not naturally occur in polygynous cultures. Polygyny thus sexualises the society's perception of prepubescent girls, making them vulnerable to the sexual violence endemic to polygynous societies. This drives down the age at which chastity assurance practices (including FGM) are felt to be required.

sexual dysfunction and incest

Long-term prisoners and boys in single-sex boarding schools, when deprived of contact with female coevals, tend to direct their sexuality at the next best thigns available viz other boys or other prisoners. Under Islamic restrictions boys and girls are deprived of contact with unrelated coevals of the opposite sex. The next best thing available - those whose faces are visible, to whom they can talk, whom they might touch - will be mothers, aunts or sisters - or other boys, babies and children, or even livestock. The evidence for the effects of this on sexual health is anecdotal, but one can hypothesise that rates of incest, bestiality, paedophilia and otherwise deviant sexuality will be higher in polygynous societies, especially where multiple chastity assurance practices are in place, and that paedophilia, incest and bestiality are considered more acceptable than in monogamous cultures, where chastity assurance practices are absent. FGM, infibulation in particular, may serve as much to protect a girl's chastity from the attentions of immediate family members, as from sexual violence of the wider community.

Violence against girls and women

Islamic law permits wife beating.

Social scientists such as Joseph Heinrich et al and William H Tucker that polygynous societies are by their very nature belligerent and sexually violent. These societies develop chastity assurance measures to protect girls and women from this sexual violence.

The bride-famine created by polygyny dooms a sizeable proportion of young men to systemic bachelorhood. The resulting sexual frustrations can be relieved by them capturing females from neighbouring tribes and countries. However, a more available and less dangerous option is to engage in sexual violence towards girls and women of their own community.

Polygyny by increasing the society's anxieties around the 'purity', chastity and reputations of girls and women, gives rise to 'honour culture' – whereby excessive measures and excessive punishments are used to control girls and women, and to stop the family's honour being sullied by any (actual or percieved) unchastity of female members. This honour, once lost, can only be restored by severe and violent punishment and revenge, including murder of the female family member and/or the male that compromised her honour.

Polygynyous societies (including Islam) are pervaded by a generalised violence that normalise practices such as FGM: sexual violence, male circumcision, the licitness of wife-beating, public executions and amputations, the glorification of violence in the Qur'an and the Sunnah, the requirement of Jihad, and animal cruelty, including halal slaughter and the mass public slaughter of animals during Eid, – all act to desensitize the culture to the violent nature of practices such as FGM.

the polygynous family

Polygynous households tend to be characterised by

• competition and rivalry among co-wives
• increased spousal age gaps
• decreased genetic inter-relatedness within the household
• reduced confidence as to the husband's paternity of the children (which increases his sexual jealousy and anxiety)
• more step-parents. All these factors correlate with increased neglect of, and violence towards, children, either from the father or from step-mothers. Data from 22 sub-Saharan African countries finding that children of (rich) polygynous families were 24.4% more likely to die compared with children of (poor) monogamous families.

Fathers have less involvement with their many wives, and even less involvement with their even more numerous children (Osama bin laden’s father had 54 children by 22 wives). Islam encourages parents, relatives and teachers to treat and discipline children in ways that are considered barbaric and perverted in the non-Muslim world.

All this and the physical violence and wife-beating that is common in polygynous/Islamic families normalises the cruelty of FGM, making it an easier act to contemplate.

FGM as Un-Islamic

A History of FGM as Un-Islamic

As Abd Al-Wahhab Al-Maligi says in the above quote, the idea that FGM might be in any way un-Islamic first arose in past three or four decades. Islam is 1400 years old; the various schools of Islam made their pronouncements on FGM in the centuries immediately following Mohammed’s death; this having been done, Islam appears to have given the practice no more thought till very recently: the earliest fatwa clearly critical of FGM appears to be one from 1984.

There has been a flurry of fatwas concerning FGM in recent decades. This flurry has, I believe, been a response to heightened expectations of the rights of women and children in the non-Islamic world, and a growing awareness and revulsion at the practice of FGM.

NGram for terms: 'FGM', 'Female Genital Mutilation' and 'Female Circumcision'

An Ngram for the terms ‘fgm’, ‘female genital mutilation’ and ‘female circumcision’ gives the following result:

A sharp and steady rise in the more condemnatory term (‘mutilation’ rather than ‘circumcision’) in English-language literature starts in 1989-90. This coincides with the 1989 Convention on the Rights of the Child, which identified female genital mutilation as a harmful traditional practice, and mandated that governments abolish it as one of several “traditional practices prejudicial to the health of children.” Islam saw itself reflected in the non-Islamic world’s eyes and felt ashamed at what it saw – leading to, for the first time in Islamic history, to some questioning and criticism of this practice.

However, keeping in mind the historical context of its 1400-year complicity in the practice, Islam’s response to FGM is reminiscent of that of a burglar who, after having practiced his trade with impunity for decades, has a sudden access of guilt and repentance on his first appearance before a judge. One suspects his distress is more at being found out than guilt or repentance.

As it is, most fatwas that appear to condemn FGM are, at best, worryingly ignorant of the place of FGM in Islamic doctrine, or engage in uncritical thinking, or are, at worst, insincere – designed to be no more than pacifiers of the concerns of the non-Islamic world.

four categories

protecting the image and reputations of Islam

Arguments de-linking FGM from Islam

Over the past 40 or so years, as a consequence of the scrutiny of the international community, and a heightened sensitivity to the rights of women and children, parts of the Islamic world have started to feel embarrassed about Islam's complicity with FGM. The parts of the Islamic word that feel this embarrassment are (of course) those parts that do not practice FGM.

The Hanafi school is the school of Islam under which there is the least incidence of FGM. Pakistani Muslims are generally Hanafi, and have, till recently, been the largest muslim diaspora to the West. Pakistanis are also frequently English-speaking. Both of which facts increase the prevalence in the West of the narrative that ‘FGM is nothing to do with Islam’. With increasing immigration to the West from Shafi’i countries (Somalia in particular) this narrative is harder to maintain since (as we shall see below) FGM is obligatory under Shafi’i Islam.

there is no FGM in the Qur'an

see FGM in the Qur'an

most of islam is not in the Qur'an

FGM existed before Islam

The underlying assumption of this argument is that if a practice existed before Islam then it can not be Islamic. Most of what constitutes Islam is not original to Islam. Muhammad took what was a secular practice and sacralised it.

FGM is an African practice

Christians practice FGM too

The underlying assumption of this argument is that if Christians engage in a practice then it can not be Islamic.

fgm in europe (show map)

not all muslims practice FGM

The underlying assumption of this argument is that only those practices which all Muslims engage in can be Islamic.

First, as is clear from above the baseline stance that Islam takes on FGM is that it can't be forbiden. For a practice such as FGM this is not the correct base line - a parallel would be a religion that allows murder or rape.

Second, there are many practices in Islam that are optional.

the FGM Hadith are weak

bukhjari and muslim

weak hadith can be used if supported by stronger hadith

the Qur'an forbids mutilation

There is no record of Muhammad having his wives or daughters circumcised

Muhammad wanted to forbid FGM but couldn't

If this were the case he would not be reported as approving of the practice.

Forbid many other things

FGM not required by Islam

Since the 1990s Islamic scholars, clerics and other sources have issued fatwas and statements that appear to criticise, condemn and even forbid FGM. However, an alert reading of these reveals that they virtually all engage in some form of equivocation ('deliberate evasiveness in wording : the use of ambiguous or equivocal language') in order to appear to be more critical of FGM than they are.

Probably the most cited instance of this is a fatwa issued by Dr Ahmed Talib, the former Dean of the Faculty of Sharia at Al-Azhar University, the most prestigious university for Sunni Islamic learning.

After gaining our trust by forthrightly condemning FGM it could almost pass unnoticed that the implication of his final phrase (‘it is not an obligation in Islam’) is that, under Islam, FGM’s legitimacy may stop only just short of ‘obligatory’ - which, of course, could include ‘highly recommended’. There is a world of difference between something not being obligatory and something being forbidden: the fact something is not ‘obligatory’ in no way implies that it is undesirable, unacceptable or forbidden: owning a dog is not ‘obligatory’ – but that in no way implies that owning a dog is frowned on, discouraged or forbidden; giving to charity is valued, respected and encouraged but, like FGM in Islam, it is not ‘obligatory’. A fatwa may be adorned with much criticism and condemnation of FGM, but if all that criticism amounts to nothing more than a statement that ‘FGM is not obligatory under Islam’ – it merely reveals that the author of the fatwa was unable to state that ‘FGM is forbidden under Islam’.

The Question of Responsibility

Debates concerning FGM and Islam are generally conducted in terms of whether FGM is 'Islamic' - whether Mohammed approved of the practice or not. But in trying to answer these questions we are, in effect, debating whether FGM accords with Islam's best conception of itself.

It is an axiom of Islamic epistemology that Islam and Muhammad are perfect. This means that anything 'imperfect' is automatically exuded from Islam's conception of itself. Courts don't judge the accused according to the best conception they have of themselves: everyone would be innocent if only the very best of ourselves was admitted as evidence. Nor does the fact that the crime is 'out of character', or resulted from negligence, discharge the accused of responsibility for his actions (or inaction). To evaluate the relationship of Islam's and FGM solely in terms of whether FGM is Islamic or not, is to conduct the investigation constrained by axioms and rules determined by the accused.

It is wrong to assume that, because an authority or ideology does not require a particular practice, it is therefore not morally responsible for any incidence of that practice that occurs under its aegis: few 19^th century industrialists intended their factories to be polluting. But their factories did pollute, and did so reliably and predictably (i.e. not by accident). Pollution was an inherent consequence of 19^th Century industrialism, despite it being an unintended consequence and 19th Century industrialism was responsible for that pollution; likewise a mother does not need to compel her toddler to play with a loaded gun for her to be considered responsible for any harm that results from it doing so. She merely has to allow it to play with the loaded gun, or fail to take reasonable measures to prevent it from doing so.

Moral agents (which can be individuals, collectivities or ideologies) are responsible not just for the consequences (intended and unintended) of what they mandate (i.e. those that are in accordance with its best conception of itself) but, also for the consequences (intended and uninitended) of what they allow, and what they fail to forbid or discourage. not only responsible for the intended consequences of its actions but all its acts and all the consequences of its doctrine and its implementation – including those that are unintended, those which clash with the best conception the ideology has of itself, and which many of its followers are ashamed of, or wish to repudiate.

The more useful question is therefore:

Islam appears to be responsible for the sacralisation of FGM, its spread, and the hindering of its eradication – whether FGM is 'Islamic' or not has no bearing on this responsibility.

See Also

• Qur'an, Hadith and Scholars:Female Genital Mutilation

References