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==Female Genital Mutilation in Islamic Law==
==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 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:''' and the cutting away of either or both the inner or outer labia. A third procedure, '''Infibulation''', involves the paring away of the outer labia, whose cut edges are 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.
'''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 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.
[[File:Fgmmuslimmap.jpg|alt=World maps comparing distributions of FGM and of Muslims|thumb|World maps comparing distributions of FGM and of Muslims]]
[[File:Fgmmuslimmap.jpg|alt=World maps comparing distributions of FGM and of Muslims|thumb|World maps comparing distributions of FGM and of Muslims]]
FGM is a practice associated with Islam: about 80% of FGM is attributable to Muslims.<ref>https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/</ref> Most of the remaining 20% is attributable to non-Muslims living in FGM-practicing Islamic societies (e.g. the Egyptian Copts<ref>https://copticliterature.wordpress.com/2014/03/12/prevalence-of-and-support-for-female-genital-mutilation-within-the-copts-of-egypt-unicef-report-2013/</ref>), or to non-Isamic societies that have been hubs of the Islamic slave trade (e.g. Ethiopia and Eritrea).   
FGM is a practice associated with Islam: about 80% of FGM is attributable to Muslims.<ref>https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/</ref> Most of the remaining 20% is attributable to non-Muslims living in FGM-practicing Islamic societies (e.g. the Egyptian Copts<ref>https://copticliterature.wordpress.com/2014/03/12/prevalence-of-and-support-for-female-genital-mutilation-within-the-copts-of-egypt-unicef-report-2013/</ref>), or to non-Islamic societies that have been hubs of the Islamic slave trade (e.g. Ethiopia and Eritrea).   


The disposition of '''Islamic law''' towards FGM is determined by its status in the Qur'an and the Sunnah (which consists of the hadith and the [[Sirat Rasul Allah|Sira]]<nowiki/>t), 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.
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.  


Different schools of Islam...  
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. [[Polygamy in Islamic Law|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 (Marital Price)|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. 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 (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.<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>


In addition to Islamic law that ''explicitly'' addresses FGM, Islamic law can also create social conditions favourable to FGM, that make the practice useful or even necessary. [[Polygamy in Islamic Law|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 (Marital Price)|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.     
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 in the Hadith==
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There is no explicit reference to Female Genital Mutilation in the 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'''. The word appears only this once in the Qur'an, and is left undefined and unexplained.   
However, the Qur'an 30:30 requires Muslims to ''<nowiki/>'adhere to the fitrah'<nowiki/>''. The word ''<nowiki/>'fitrah''' appears only this once in the Qur'an, and is left undefined and unexplained.   
{{Quote|{{Quran|30|30}}|So direct your face toward the religion, inclining to truth. '''[Adhere to] the fitrah''' (فطرة or فطرت) of Allah upon which He has created (فطر) [all] people. No change should there be in the creation of Allah . That is the correct religion, but most of the people do not know.}}To know what fitrah means, traditional scholars turn to the hadith which make use of the word. The hadith which offers the clearest explanation is the one mentioned above ('The fitrah is five things, including circumcision') and it uses the Arabic word khitan for 'circumcision'. Two hadith ('Someone to Amuse Them" and 'Do not cut severely') use the word khitan in contexts where the procedure is unquestionably being performed on females, and only on females. The three hadith ('The fitrah is five things, including circumcision', 'A preservation of honor for women' and 'When the circumcised parts touch each other') use the word 'khitan to refer to both FGM and Male Circumcision. 
{{Quote|{{Quran|30|30}}|So direct your face toward the religion, inclining to truth. '''[Adhere to] the fitrah''' (فطرة or فطرت) of Allah upon which He has created (فطر) [all] people. No change should there be in the creation of Allah . That is the correct religion, but most of the people do not know.}}To know what fitrah means, traditional scholars turn to the hadith which make use of the word.  


Therefore, in the hadith the word '<nowiki/>''khitan''' can refer to FGM or Male Circumcision, or to both.
The hadith which offers the clearest explanation is the one mentioned in the previous section.


Thus, according to traditional interpretive methodology, by requiring one to ''<nowiki/>'adhere to the fitrah''' the Qur'an indirectly advocates FGM.  
{{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.”}}This hadith uses the Arabic word ''khitan'' for 'circumcision'. 
''<nowiki/>''
 
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 '<nowiki/>''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 ''<nowiki/>'adhere to the fitrah''' indirectly, but ineluctably, advocates FGM.
 
''<nowiki/><nowiki/>''
==In Islamic law==
==In Islamic law==
[[File:Madhhabplusfgm.jpeg|alt=Maps showing distribution of madhaps and prevalence of FGM|thumb|Maps showing distribution of madhaps and prevalence of FGM]]
[[File:Madhhabplusfgm.jpeg|alt=Maps showing distribution of madhaps and prevalence of FGM|thumb|Maps showing distribution of madhaps and prevalence of FGM]]
After Muhammad's death, different schools of Islamic law emerged as theologians and jurists debated among themselves on how to identify, interpret and implement Muhammad legacy. All schools of Islam agree on the authenticity of the Qur'an. The schools of law ([[Madh'hab|madhab]]) differ primarily in how they evaluate and interpret hadith and how they generate legal rulings. Each school has a different hierarchy of interpretative heuristics, at the top of which sits the Qur'an and the Sunnah. If these do not resolve the issue in hand the scholars pass on to the next highest interpretative heuristic, and work their way down a hierarchy of heuristics until the issue is resolved. The fact that each school employs a different hierarchy of heuristics can result in differences in rulings, laws and customs between schools.
After Muhammad's death, different schools of Islamic law emerged as theologians and jurists debated among themselves on how to identify, interpret and implement Muhammad legacy. All schools of Islam agree on the authenticity of the Qur'an. The schools of law ([[Madh'hab|madhab]]) differ primarily in how they evaluate and interpret hadith and how they generate legal rulings. Each school has a different hierarchy of interpretative heuristics, at the top of which sits the Qur'an and the Sunnah. If these do not resolve the issue in hand the scholars pass on to the next highest interpretative heuristic, and work their way down a hierarchy of heuristics until the issue is resolved. The fact that each school employs a different hierarchy of heuristics can result in differences in rulings, laws and customs between schools.


Differences in interpretative hermeneutics results in certain Hadith having more weight and influence in some schools than in others. Sunan Abu Dawud 41:5251 is an example of this:
Differences in interpretative hermeneutics (the theory and methodology of interpretation, especially the interpretation of religious and philosophical texts) result in certain Hadith having more weight and influence in some schools than in others. Sunan Abu Dawud 41:5251 is an example of this:


{{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.}}
{{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.}}
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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.
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.


All schools of Islam agree that ''prohibiting'' FGM altogether would not be acceptable, as this would be tantamount to contravening God's laws and preferences. Contemporary scholars 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.  
All schools of Islam favour FGM, but with differing levels of enthusiasm. No school of Islam can prohibit FGM since nothing that Muhammad allowed can be prohibited: however, contemporary scholars 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.  
 
<s>Each school’s stance on FGM appears to be reflected in statistics of FGM’s distribution and prevalence. Those regions that are predominantly Shafi’i have very high rates of FGM (Indonesia, Somalia, Egypt…) and that Shafi’i Islam tends to be associated with type III FGM (infibulation), Hanbali (North Africa) and Maliki (Arabia) regions have high rates, but generally lower than Shafi’i regions, and Hanafi regions (central Asia and the Levant) have relatively low FGM rates.</s>
 
<s>Factors other than doctrine – such as history, tradition, ethnicity and the influence of other religions – could have contributed to this correlation. However, the application of Occam’s Razor should not leave us surprised that when a religious school preaches (and has preached for over 1400 years) to its devout followers that something is obligatory, or that something is recommended or honourable – that those followers will act on those commands or recommendations, and that those commands and recommendations become enshrined in the culture and tradition.</s>
 
<s>We don’t have to look far to know why many Catholics sit in dark boxes, confessing their sins through a wire screen, or why many Jews do no work on the Sabbath, or why most Jains are vegetarians, or why Moslems perform the Haj and ‘circumcise’ their son’s genitals. We do not have to look far because these practices are part of the doctrines of these religions.</s>
 
<s>Likewise, given that every school of Islam has traditionally approved of FGM should we be puzzled at the fact that FGM is endemic to Moslem communities, especially to those under the authority of schools which most favour the practice?</s>
 


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 . Views on the specific type of FGM required or permitted vary within and between the madhhabs. Some prominent modern Islamic scholars have dissented from the otherwise favorable consensus of the Islamic tradition and ruled it to be unlawful.
the l of Views on the specific type of FGM required or permitted vary within and between the madhhabs. Some prominent modern Islamic scholars have dissented from the otherwise favorable consensus of the Islamic tradition and ruled it to be unlawful.  


The Islamic legal tradition, while differing on its implementation, embraced FGM wholeheartedly, and, In the hadith literature, Muhammad is recorded as: tacitly approving of the practice ({{Muslim|3|684|}}), prescribing circumcision in general without specifying the requirements thereof per gender ({{Bukhari|7|72|777|}}), and commenting generically on its implementation ({{Abu Dawud|41|5251|}}). No where is Muhammad recorded prohibiting the practice.  
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.  
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==Arguments de-linking FGM from Islam==
==Arguments de-linking FGM from Islam==
Parts of the Islamic world, over the past 40 or so years, has, as a consequence of the scrutiny of the international community, and a heightened sensitivity to the rights of women and children, has started to feel embarrassed about its historical complicity with FGM. The parts of the Islamic word that feel this embarrassment are (of course) those parts that do not practice FGM.
===FGM existed before Islam===
===FGM existed before Islam===
text
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===not all moslems practice FGM===
===not all moslems practice FGM===
=== 'sunnah circumcision' ===
=== equivocation ===


==See Also==
==See Also==
Autochecked users, em-bypass-1, em-bypass-2
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