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{{Quote|[https://www.academia.edu/6142789/Egypts_Villages_Fight_Female_Genital_Mutilation_WFS_NEWS Dr Ahmed Talib, Dean of the Faculty of Sharia at Al-Azhar University]|“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'''.”}}It is correct that only the Shafi'i madhab, the second or third largest school of Sunni Islam, unarguably rule FGM to be obligatory in Islam. Some Hanbali scholars also rule FGM to be obligatory. | {{Quote|[https://www.academia.edu/6142789/Egypts_Villages_Fight_Female_Genital_Mutilation_WFS_NEWS Dr Ahmed Talib, Dean of the Faculty of Sharia at Al-Azhar University]|“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'''.”}}It is correct that only the Shafi'i madhab, the second or third largest school of Sunni Islam, unarguably rule FGM to be obligatory in Islam. Some Hanbali scholars also rule FGM to be obligatory. | ||
But critics of Dr Talib's position might point out that if FGM is a crime, '<nowiki/>''not an obligation'<nowiki/>'' is a no more appropriate response to it than it would be to murder, child sexual abuse or rape. 'Not an obligation' is far from the same thing as 'forbidden'. 'Not obligatory' acts can be 'tolerated', 'allowed', 'recommended' or 'highly recommended' as well as 'forbidden'. And acts that are '''not an obligation''<nowiki/>' can be virtuous, vicious or ethically neutral, such as (respectively) charitable giving, murder, and owning a dog. | But critics of Dr Talib's position might point out that if FGM is a crime, '<nowiki/>''not an obligation'<nowiki/>'' is a no more appropriate response to it than it would be to murder, child sexual abuse or rape. 'Not an obligation' is far from the same thing as 'forbidden'. 'Not obligatory' acts can be 'tolerated', 'allowed', 'recommended' or 'highly recommended' as well as 'forbidden'. And acts that are '''not an obligation''<nowiki/>' can be virtuous, vicious or ethically neutral, such as (respectively) charitable giving, murder, and owning a dog. Dr Talib's first sentence (''"All practices of female circumcision and mutilation are crimes and have no relationship with Islam"'') sets up an expectation that his conclusion fails to deliver. | ||
===There is no FGM in the Qur'an=== | ===There is no FGM in the Qur'an=== | ||
{{Quote|[http://archive.today/2021.04.09-062048/https://www.hrw.org/news/2010/09/18/fatwa-fgm-could-be-part-solution%23 A Fatwa on FGM Could be Part of the Solution – Kurdistan (2010)]|[...] its clear and unequivocal statement that the practice is not required by Islam was significant for women in Kurdistan, where the practice is widespread. '''The practice is not mentioned in the Quran''', and many other Muslim scholars have disassociated the practice from Islam.}} | {{Quote|[http://archive.today/2021.04.09-062048/https://www.hrw.org/news/2010/09/18/fatwa-fgm-could-be-part-solution%23 A Fatwa on FGM Could be Part of the Solution – Kurdistan (2010)]|[...] its clear and unequivocal statement that the practice is not required by Islam was significant for women in Kurdistan, where the practice is widespread. '''The practice is not mentioned in the Quran''', and many other Muslim scholars have disassociated the practice from Islam.}} | ||
It is correct that there is no mention of FGM in the Qur'an. | It is correct that there is no mention of FGM in the Qur'an. | ||
But according to traditional interpretive methodology Qur'an 30:30, by requiring one to ''<nowiki/>'adhere to the fitrah','' indirectly, but ineluctably, advocates FGM (see [[Female Genital Mutilation in Islamic Law#FGM in the Qur.27an|FGM in the Qur'an]]). Nor is there any mention of the unquestionably Islamic practice of male circumcision in the Qur'an. | But according to traditional interpretive methodology Qur'an 30:30, by requiring one to ''<nowiki/>'adhere to the fitrah','' indirectly, but ineluctably, advocates FGM (see [[Female Genital Mutilation in Islamic Law#FGM in the Qur.27an|FGM in the Qur'an]]). Nor is there any mention of the unquestionably Islamic practice of male circumcision in the Qur'an. Most of the practical details of how to be a Muslim come from the Sunnah (the [[hadith]] plus the [[sirat]]). The Qur'an has 91 verses commanding to follow Muhammad's example to the last detail. However the Qur'an contains virtually no detail of Muhammad's life. Muslims can only know of Muhammad's life by turning to the hadith and sirat. For example, none of the [[Five Pillars of Islam]] are explained in the Qur'an. | ||
Most of the practical details of how to be a Muslim come from the Sunnah (the [[hadith]] plus the [[sirat]]). The Qur'an has 91 verses commanding to follow Muhammad's example to the last detail. However the Qur'an contains virtually no detail of Muhammad's life. Muslims can only know of Muhammad's life by turning to the hadith and sirat. For example, none of the [[Five Pillars of Islam]] are explained in the Qur'an. | |||
===FGM existed before Islam=== | ===FGM existed before Islam=== | ||
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===Not all Muslims practice FGM=== | ===Not all Muslims practice FGM=== | ||
{{Quote|[http://www.african-women.org/documents/behind-FGM-tradition.pdf What is behind the tradition of FGM? | {{Quote|[http://www.african-women.org/documents/behind-FGM-tradition.pdf What is behind the tradition of FGM? | ||
Dr. Ashenafi Moges (2009)]|However, '''not all Muslims practise FGM''', for example, it is not practised in Saudi Arabia, Libya, Jordan, Turkey, Syria, the Maghreb countries of northwest Africa, Morocco, Iran and Iraq. All the Muslims in FGM practicing countries do not practice it, for example, in the case of Senegal where 94% of the population are Muslims only 20% practice FGM (Mottin-Sylla 1990). }}(NB - since Dr Ashenafi Moges published the essay cited above FGM has been reported in Jordan, Syria, Iran and Iraq and many other Middle East countries. Studies have found FGM-rates of 20% in Saudi Arabia)<ref>[https://www.middleeastmonitor.com/20190606-almost-1-in-5-women-in-saudi-subject-to-fgm/ Almost 1 in 5 women in Saudi subject to FGM] (2019)</ref> | Dr. Ashenafi Moges (2009)]|However, '''not all Muslims practise FGM''', for example, it is not practised in Saudi Arabia, Libya, Jordan, Turkey, Syria, the Maghreb countries of northwest Africa, Morocco, Iran and Iraq. All the Muslims in FGM practicing countries do not practice it, for example, in the case of Senegal where 94% of the population are Muslims only 20% practice FGM (Mottin-Sylla 1990). }}(NB - since Dr Ashenafi Moges published the essay cited above, FGM has been reported in Jordan, Syria, Iran and Iraq and many other Middle East countries. Studies have found FGM-rates of 20% in Saudi Arabia)<ref>[https://www.middleeastmonitor.com/20190606-almost-1-in-5-women-in-saudi-subject-to-fgm/ Almost 1 in 5 women in Saudi subject to FGM] (2019)</ref> | ||
About 20% of Muslim women have undergone FGM<ref name=":0" />, which suggests that about 80% of Muslims ''don't'' practice FGM. | About 20% of Muslim women have undergone FGM<ref name=":0" />, which suggests that about 80% of Muslims ''don't'' practice FGM. However, if this fact is taken to prove that FGM is un-Islamic, it must be on the assumption that Islam is defined only by that which it universally forbids or makes universally obligatory - that only those practices which ''all'' Muslims engage in are Islamic, and that minority practices are by definition un-Islamic. | ||
However, if this fact is taken to prove that FGM is un-Islamic, it must be on the assumption that Islam is defined only by that which it universally forbids or makes universally obligatory | |||
But religions are also defined by, and responsible for, what they recommend, encourage, allow and discourage. For example, the Eucharist (Holy Communion) is recommended, not obligatory, but it is nevertheless Christian, despite not all Christians taking the Eucharist. And polygyny is Islamic, despite not every Muslim having several wives. | But religions are also defined by, and responsible for, what they recommend, encourage, allow and discourage. For example, the Eucharist (Holy Communion) is recommended, not obligatory, but it is nevertheless Christian, despite not all Christians taking the Eucharist. And polygyny is Islamic, despite not every Muslim having several wives. | ||
Not all Islamic practices are obligatory: polygyny and child marriage are not obligatory, and whilst a Muslim must complete 5 prayers a day, there are optional (nawafil) prayers which confer additional rewards. Fasting outside of the month of Ramadhan, or giving sadaqah (voluntary charity) are also optional. | Not all Islamic practices are obligatory: polygyny and child marriage are not obligatory, and whilst a Muslim must complete 5 prayers a day, there are optional (nawafil) prayers which confer additional rewards. Fasting outside of the month of Ramadhan, or giving sadaqah (voluntary charity) are also optional. | ||
Where a practice is not obligatory it is generally the case that 'not all Muslims' - or even a minority of Muslims - practice it. | Where a practice is not obligatory it is generally the case that 'not all Muslims' - or even a minority of Muslims - practice it. | ||
| Line 128: | Line 120: | ||
The hadith - whether daif, hasan, or sahih - provide robust evidence that some form of FGM was practiced by Muhammad's followers. The Hanbali, Maliki and Shafi'i schools of Islam all have as their principle daleels the consideration what the Sahabah (the Companions of Muhammad) did or thought (Ijma, Ijtihad and Amal). Thus the deeds and words of the Muhammad's companions are second only to the Quran and Sunnah in determining what is Islamic or not - and come into play when the Qur'an and Hadith don't resolve an issue. The exception is the Hanafi school, which ascribes a lesser importance to the deeds and words of the Sahabah - which may explain why the Hanafi madhab rules FGM as merely 'optional' and why Hanafi Muslims generally don't practice FGM.<ref>[https://www.academia.edu/39727001/FOUR_SCHOOLS_OF_SUNNI_LAW Four Schools of Sunni Law] - Fatima Tariq</ref> <ref>[https://www.academia.edu/35835897/ISLAMIC_JURISPRUDENCE_FIQH <nowiki>Islamic Jurisprudence [Fiqh]</nowiki>] - Tej Chopra</ref> | The hadith - whether daif, hasan, or sahih - provide robust evidence that some form of FGM was practiced by Muhammad's followers. The Hanbali, Maliki and Shafi'i schools of Islam all have as their principle daleels the consideration what the Sahabah (the Companions of Muhammad) did or thought (Ijma, Ijtihad and Amal). Thus the deeds and words of the Muhammad's companions are second only to the Quran and Sunnah in determining what is Islamic or not - and come into play when the Qur'an and Hadith don't resolve an issue. The exception is the Hanafi school, which ascribes a lesser importance to the deeds and words of the Sahabah - which may explain why the Hanafi madhab rules FGM as merely 'optional' and why Hanafi Muslims generally don't practice FGM.<ref>[https://www.academia.edu/39727001/FOUR_SCHOOLS_OF_SUNNI_LAW Four Schools of Sunni Law] - Fatima Tariq</ref> <ref>[https://www.academia.edu/35835897/ISLAMIC_JURISPRUDENCE_FIQH <nowiki>Islamic Jurisprudence [Fiqh]</nowiki>] - Tej Chopra</ref> | ||
===The Qur'an forbids mutilation=== | ===The Qur'an forbids mutilation=== | ||
{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pd 'Delinking Female Genital Mutilation/Cutting from Islam' Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)]|there is no verse in the Quran that can be used as evidence for [FGM]. On the contrary, '''there are several verses that strongly condemn any acts that negatively affect the human body in any way and interfere with Allah’s (SWT) creation without a justification'''. Examples include, “…and there is no changing Allah’s creation. And that is the proper religion but many people do not know” (Quran 30:30) and, “…and make not your own hands contribute to your destruction” (Quran 2:195) }}Islam forbids mutilations to the human body. | {{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pd 'Delinking Female Genital Mutilation/Cutting from Islam' Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)]|there is no verse in the Quran that can be used as evidence for [FGM]. On the contrary, '''there are several verses that strongly condemn any acts that negatively affect the human body in any way and interfere with Allah’s (SWT) creation without a justification'''. Examples include, “…and there is no changing Allah’s creation. And that is the proper religion but many people do not know” (Quran 30:30) and, “…and make not your own hands contribute to your destruction” (Quran 2:195) }}Islam forbids mutilations to the human body. However, Islam exempts from this interdiction those mutilation that it permits. | ||
However, Islam exempts from this interdiction those mutilation that it permits. | |||
{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam' - Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)]|the general rule is that | {{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam' - Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)]|the general rule is that | ||
anything done to the body is prohibited unless there is evidence to allow}} | anything done to the body is prohibited unless there is evidence to allow}} | ||
Male circumcision, for example, is a mutilation that Islamic law permits, and therefore it is not forbidden. As are [[Amputation in Islamic Law|amputation of hand and feet]]. Beheading, [[stoning]], and [[crucifixion]] - which all involve mutilation prior to the victim's death - are all also permitted in Islamic law. | Male circumcision, for example, is a mutilation that Islamic law permits, and therefore it is not forbidden. As are [[Amputation in Islamic Law|amputation of hand and feet]]. Beheading, [[stoning]], and [[crucifixion]] - which all involve mutilation prior to the victim's death - are all also permitted in Islamic law. This argument is an example of the fallacy of Petitio Principi, or 'Begging the Question' (assuming in the premise of an argument that which one wishes to prove in the conclusion). | ||
Qur'an 2:195 (referenced in the quote at the start of this section) forbids suicide and ''self''-mutilation - and is therefore does not apply to FGM. | Qur'an 2:195 (referenced in the quote at the start of this section) forbids suicide and ''self''-mutilation - and is therefore does not apply to FGM. | ||