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==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]] | ||
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, | 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 [[Shiite|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|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 | 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 | 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: | ||
{{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.}} | ||
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.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=== | ===Maliki Madhab=== | ||
The Maliki school was founded by Malik ibn Anas in the 8th century | The Maliki school was founded by Malik ibn Anas in the 8th century, who ruled that FGM is recommended, but not obligatory. | ||
“mustah’ab (favourable but not wajib [compulsory]). This is the preferred opinion of the Maliki thought yet there is still some disagreement.” Manzoor Hussain – “Islam And Female Genital Mutilation (FGM)” | “mustah’ab (favourable but not wajib [compulsory]). This is the preferred opinion of the Maliki thought yet there is still some disagreement.” Manzoor Hussain – “Islam And Female Genital Mutilation (FGM)” | ||
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===Hanafi Madhab=== | ===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 Moslems. | 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 Moslems. Abū Ḥanīfa maintained that FGM is not obligatory but highly recommended. | ||
Abū Ḥanīfa maintained that FGM is not obligatory but highly recommended. | |||
''“FGM is Sunnah (deed of Prophet SAW) although there is some disagreement among the Hanafi jurists on the issue – some consider it as mustah’ab as well (‘favorable’ not ‘compulsory’/wajib), while most agree with the Hadith (saying of Prophet SAW ) that “circumcision is Sunnah for men and Makrooh (undesirable) for women””'' Manzoor Hussain &c | ''“FGM is Sunnah (deed of Prophet SAW) although there is some disagreement among the Hanafi jurists on the issue – some consider it as mustah’ab as well (‘favorable’ not ‘compulsory’/wajib), while most agree with the Hadith (saying of Prophet SAW ) that “circumcision is Sunnah for men and Makrooh (undesirable) for women””'' Manzoor Hussain &c | ||
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''“The Hanafi view is that it is a sunnah (optional act) for'' […] ''females“'' Delinking Female Genital Mutilation &c | ''“The Hanafi view is that it is a sunnah (optional act) for'' […] ''females“'' Delinking Female Genital Mutilation &c | ||
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 Moslem 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. | |||
===Shafi'i Madhab=== | ===Shafi'i Madhab=== | ||
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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. | 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. | ||
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 Moslem 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. | |||
===FGM existed before Islam=== | ===FGM existed before Islam=== | ||