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The disposition of '''Islamic law''' towards FGM is determined by its status in the Qur'an and the Sunnah (Sharia), and on how that status is interpreted by Islamic jurists and scholars ([[Fiqh (Islamic Jurisprudence)|fiqh]]). Shariah derives directly from the [[Qur'an]] and the [[Sunnah]] (which consists of the [[Hadith]] and [[Sira|Sira)]]. Shariah has the status of divine revelation, and is unchanging and unchangeable. Fiqh is the process whereby Islamic jurists and scholars make the divine principles of Shariah applicable to human beings in the form of laws, beliefs and observances.<ref>[https://books.google.fr/books?id=qof6J4n1860C&pg=PA54&lpg=PA54&dq=Sheikh+Abu-Sabib+1984&source=bl&ots=-apLOOha6B&sig=dpINFFLI-N9KO8_FmEET-MDFKbI&hl=en&sa=X&ved=2ahUKEwiXh5Gi5OfcAhVOyoUKHeSgDWUQ6AEwC3oECAgQAQ#v=onepage&q=Sheikh%20Abu-Sabib%201984&f=false Sexual Mutilations: A Human Tragedy] | The disposition of '''Islamic law''' towards FGM is determined by its status in the Qur'an and the Sunnah (Sharia), and on how that status is interpreted by Islamic jurists and scholars ([[Fiqh (Islamic Jurisprudence)|fiqh]]). Shariah derives directly from the [[Qur'an]] and the [[Sunnah]] (which consists of the [[Hadith]] and [[Sira|Sira)]]. Shariah has the status of divine revelation, and is unchanging and unchangeable. Fiqh is the process whereby Islamic jurists and scholars make the divine principles of Shariah applicable to human beings in the form of laws, beliefs and observances.<ref>[https://books.google.fr/books?id=qof6J4n1860C&pg=PA54&lpg=PA54&dq=Sheikh+Abu-Sabib+1984&source=bl&ots=-apLOOha6B&sig=dpINFFLI-N9KO8_FmEET-MDFKbI&hl=en&sa=X&ved=2ahUKEwiXh5Gi5OfcAhVOyoUKHeSgDWUQ6AEwC3oECAgQAQ#v=onepage&q=Sheikh%20Abu-Sabib%201984&f=false Sexual Mutilations: A Human Tragedy] | ||
[https://books.google.fr/books?id=qof6J4n1860C&pg=PA54&lpg=PA54&dq=Sheikh+Abu-Sabib+1984&source=bl&ots=-apLOOha6B&sig=dpINFFLI-N9KO8_FmEET-MDFKbI&hl=en&sa=X&ved=2ahUKEwiXh5Gi5OfcAhVOyoUKHeSgDWUQ6AEwC3oECAgQAQ#v=onepage&q=Sheikh%20Abu-Sabib%201984&f=false By International Symposium On Sexual Mutiliations 199, International Symposium on Sexual Mutiliations 1996 Lausanne, switzer]</ref> | [https://books.google.fr/books?id=qof6J4n1860C&pg=PA54&lpg=PA54&dq=Sheikh+Abu-Sabib+1984&source=bl&ots=-apLOOha6B&sig=dpINFFLI-N9KO8_FmEET-MDFKbI&hl=en&sa=X&ved=2ahUKEwiXh5Gi5OfcAhVOyoUKHeSgDWUQ6AEwC3oECAgQAQ#v=onepage&q=Sheikh%20Abu-Sabib%201984&f=false By International Symposium On Sexual Mutiliations 199, International Symposium on Sexual Mutiliations 1996 Lausanne, switzer]</ref> | ||
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. Two 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. | |||
There is no explicit mention of FGM in the Qur'an. However, a hadith in which Muhammad approves of FGM explains and supports a Quranic verse, and is therefore specially authoritative. | |||
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. The earliest fatwa that is clearly critical of FGM appears to have been issued in 1984.<ref>p54 [https://books.google.fr/books?id=qof6J4n1860C&pg=PA54&lpg=PA54&dq=Sheikh+Abu-Sabib+1984&source=bl&ots=-apLOOha6B&sig=dpINFFLI-N9KO8_FmEET-MDFKbI&hl=en&sa=X&ved=2ahUKEwiXh5Gi5OfcAhVOyoUKHeSgDWUQ6AEwC3oECAgQAQ#v=onepage&q=Sheikh%20Abu-Sabib%201984&f=false "Sexual Mutilations: A Human Tragedy" By International Symposium On Sexual Mutiliations 199, International Symposium on Sexual Mutiliations 1996]</ref> | 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. The earliest fatwa that is clearly critical of FGM appears to have been issued in 1984.<ref>p54 [https://books.google.fr/books?id=qof6J4n1860C&pg=PA54&lpg=PA54&dq=Sheikh+Abu-Sabib+1984&source=bl&ots=-apLOOha6B&sig=dpINFFLI-N9KO8_FmEET-MDFKbI&hl=en&sa=X&ved=2ahUKEwiXh5Gi5OfcAhVOyoUKHeSgDWUQ6AEwC3oECAgQAQ#v=onepage&q=Sheikh%20Abu-Sabib%201984&f=false "Sexual Mutilations: A Human Tragedy" By International Symposium On Sexual Mutiliations 199, International Symposium on Sexual Mutiliations 1996]</ref> | ||
==FGM in the | ==FGM in the Hadith== | ||
===Hadith: Muhammad=== | |||
This section contains the hadith in which Muhammad pronounces on FGM. All use ''khitan'' (or inflections of it) for 'circumcision'. It is often claimed that ''khitan'' refers only to (male) circumcision. But several of the following hadith refer unambiguously to women or girls undergoing ''khitan''. | |||
====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. | |||
{{Quote|Bukhari 5891; Muslim 527|Abu Hurayrah said: I heard the Prophet (peace and blessings of Allaah be upon him) say: “The fitrah is five things – or '''five things are part of the fitrah – circumcision''', shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”}} | |||
====A preservation of honor 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'''."}} | |||
====Do not cut "severely"==== | |||
Note that the judgement concerning what is severe is relative. | |||
{{Quote|{{Abu Dawud|41|5251}}|Narrated Umm Atiyyah al-Ansariyyah: A woman used to perform circumcision in Medina. The Prophet (peace be upon him) said to her: '''Do not cut ''severely''''' as that is better for a woman and more desirable for a husband.}} | |||
====When the circumcised parts touch each other==== | |||
{{Quote|{{Muslim|3|684}}|Abu Musa reported: There cropped up a difference of opinion between a group of Muhajirs (Emigrants and a group of Ansar (Helpers) (and the point of dispute was) that the Ansar said: The bath (because of sexual intercourse) becomes obligatory only-when the semen spurts out or ejaculates. But the Muhajirs said: When a man has sexual intercourse (with the woman), a bath becomes obligatory (no matter whether or not there is seminal emission or ejaculation). Abu Musa said: Well, I satisfy you on this (issue). He (Abu Musa, the narrator) said: I got up (and went) to 'A'isha and sought her permission and it was granted, and I said to her: 0 Mother, or Mother of the Faithful, I want to ask you about a matter on which I feel shy. She said: Don't feel shy of asking me about a thing which you can ask your mother, who gave you birth, for I am too your mother. Upon this I said: What makes a bath obligatory for a person? She replied: You have come across one well informed! The Messenger of Allah (may peace be upon him) said: When anyone sits amidst four parts (of the woman) '''and the ''circumcised parts'' touch each other''' a bath becomes obligatory.}}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. However, they offer useful historical, anthropological and linguistic evidence. | |||
====One Who Circumcises Other Ladies==== | |||
{{Quote|Bukhari 64:17|“[…] I went out with the people for the battle. When the army aligned for the fight, Siba’ came out and said, ‘Is there any (Muslim) to accept my challenge to a duel?’ Hamza bin `Abdul Muttalib came out and said, ‘O Siba’. O Ibn Um Anmar, '''the one who circumcises other ladies!''' Do you challenge Allah and His Apostle?’ […]”}} | |||
This hadith includes an exchange of insults prior to the [[Battle of Uhud|battle of Uhud]]. Hamza, a companion of Muhammad, taunts Siba', a warrior from Muhammad's native tribe - the Meccan Banu Quraysh. Hamza compares Siba' to a notorious 'circumciser' of girls - Ibn Um Anmar. Hamza uses the phrase '''muqteh al-basr‘'' – ‘one who cuts clitorises' - rather than the usual ''khitan''. | |||
From this it can be deduced that clitoridectomy was practiced by the [[Quraysh]]. The fact that a ''<nowiki/>'circumciser of [...] ladies''' could be famous (or notorious) also suggests that it was an established practice with the [[Mecca|Meccan]] Quraysh. Furthermore, the taunt could only be effective if it humiliated Siba' in the eyes of both his fellow Meccan warriors and his Muslim foe. This implies that members of both camps had knowledge of the practice and a shared culture of clitoridectomy. | |||
====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===== | |||
{{Quote|Al-Adab Al-Mufrad 53:1247|“Umm ‘Alqama related that when '''the daughters of ‘A’isha’s brother were circumcised''', ‘A’isha was asked, “Shall we call someone to amuse them?” “Yes,” she replied. ‘Adi was sent for and he came to them. ‘A’isha passed by the room and saw him singing and shaking his head in rapture – and he had a large head of hair. ‘Uff!’ she exclaimed, ‘A shaytan! Get him out! Get him out!'””}}The word used for 'circumcised' uses the root ''khitan.'' | |||
=====Go and Circumcise Them and Purify Them===== | |||
{{Quote|Al-Adab Al-Mufrad 53:1245|An old woman from Kufa, the grandmother of 'Ali ibn Ghurab, reported that Umm al-Muhajir said, "I was captured with some girls from Byzantium. 'Uthman offered us Islam, but only myself and one other girl accepted Islam. 'Uthman said, ''''Go and circumcise them and purify them'''.'"}} | |||
In this hadith, [[Uthman ibn Affan|Uthman]], one of Muhammad's closest companions, appears to be treating 'circumcision' as part of the initiation ritual for females newly-converted to Islam. The word used for 'circumcise' in this hadith is ''khaffad'', not ''khitan''. ''Khaffad'' translates as 'trim them' or 'reduce them'. | |||
The 'circumcision' in the above two hadiths is being performed openly and in an unembarrassed manner - and by Muhammad's favourite wife (Aisha) and by one of his closest companions (Uthman). It seems unlikely that Muhammad's closest companions would engage in 'circumcision' against Muhammad's wishes. | |||
==Qur'an== | |||
There is no explicit reference to Female Genital Mutilation in the Qur'an. | |||
However, the following Quranic verse requires Muslims to ''<nowiki/>'adhere to the fitrah'''. This is the word's only appearance in the Qur'an, and it is left 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. Several hadith use the word ''fitrah''. The hadith which gives the clearest explanation is the one mentioned above ('The fitrah is five things, including circumcision'), which uses the Arabic word ''khitan'' for 'circumcision'. That ''khitan'' originally referred to Female Genital Mutilation as well as (male) circumcision is shown by the usage of the word in the other hadith mentioned in the above sections. | |||
Thus, according to traditional interpretive methodology, in requiring one to ''<nowiki/>'adhere to the fitrah''' the Qur'an indirectly advocates FGM. | |||
==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''))}}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. | 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''))}}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. | ||