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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 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.
'''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.
[[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/ What Percentage of Global FGM is done by Moslems ?]</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/ 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).   
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/ What Percentage of Global FGM is done by Moslems ?]</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/ 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).   
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{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam'] by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)|'Shafi’i view it as wajib (obligatory) for both females and males'}}
{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam'] by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)|'Shafi’i view it as wajib (obligatory) for both females and males'}}


'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. {{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 clitoris')}}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|Defining Bazr)]].
'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. {{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 clitoris')}}'''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|Defining Bazr)]].'''


===Hanbali Madhab===
===Hanbali Madhab===
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'''(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 ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 Male and female circumcision: Religious, medical, social and legal debate]‘ by Sami A. Aldeeb Abu-Sahlieh
'''(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 ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 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 ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 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 ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 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 ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 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 ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 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 ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 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 ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 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 ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 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 ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 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. ..."'' [https://tteonb.wordpress.com/2015/06/30/fgm-female-genital-mutilation-islam/ Fatwa of Dar al-Ifta’ al-Misriyyah]
'''(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. ..."'' [https://tteonb.wordpress.com/2015/06/30/fgm-female-genital-mutilation-islam/ 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 ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 Male and female circumcision: Religious, medical, social and legal debate]‘ by Sami A. Aldeeb Abu-Sahlieh
'''(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 ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 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'' [...] ''the purpose of circumcising women is to regulate their desire, because if a woman is not circumcised her desire will be strong. Hence the words “O son of an uncircumcised woman” are used as an insult, because the uncircumcised woman has stronger desire. Hence immoral actions are more common among the women of the Tatars and the Franks, that are not found among the Muslim women.If the circumcision is too severe, the desire is weakened altogether, which is unpleasing for men; but if it is cut without going to extremes in that, the purpose will be achieved, which is moderating desire””'' [https://islamqa.info/en/9412 Circumcision: how it is done and the rulings on it], Islamqa  
'''(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'' [...] ''the purpose of circumcising women is to regulate their desire, because if a woman is not circumcised her desire will be strong. Hence the words “O son of an uncircumcised woman” are used as an insult, because the uncircumcised woman has stronger desire. Hence immoral actions are more common among the women of the Tatars and the Franks, that are not found among the Muslim women.If the circumcision is too severe, the desire is weakened altogether, which is unpleasing for men; but if it is cut without going to extremes in that, the purpose will be achieved, which is moderating desire””'' [https://islamqa.info/en/9412 Circumcision: how it is done and the rulings on it], Islamqa  
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===Non-Islamic sources===
===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 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.  
'''There are reports''' that some Egyptian mummies show signs of FGC. However this appears to be disputed.  
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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.  
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).
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.[[File:Polygamy-fgm.jpg|alt=maps showing distribution of polygamy (its legal status and/or its practice) and the distribution of FGM|thumb|maps showing distribution of polygamy (its legal status and/or its practice) and the distribution of FGM]]
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.[[File:Polygamy-fgm.jpg|alt=maps showing distribution of polygamy (its legal status and/or its practice) and the distribution of FGM|thumb|maps showing distribution of polygamy (its legal status and/or its practice) and the distribution of FGM]]
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*'''harems''' keep 'concubines' locked away, guarded by eunuchs;
*'''harems''' keep 'concubines' locked away, guarded by eunuchs;
*'''footbinding''' (as once practiced by the Chinese) reduces the physical independence of girls and women;
*'''footbinding''' (as once practiced by the Chinese) reduces the physical independence of girls and women;
*'''chaperoning and gender segregation'''  eliminate interactions between the sexes;
*'''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;
*'''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;
*'''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).
*'''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).


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An Ngram for the terms ‘fgm’, ‘female genital mutilation’ and ‘female circumcision’ shows a sharp and steady rise in the more condemnatory term (‘mutilation’ rather than ‘circumcision’) in English-language literature starting around 1989. 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.  
An Ngram for the terms ‘fgm’, ‘female genital mutilation’ and ‘female circumcision’ shows a sharp and steady rise in the more condemnatory term (‘mutilation’ rather than ‘circumcision’) in English-language literature starting around 1989. 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.  


The 'FGM as un-Islamic' narrative is bolstered by the fact that it is a minority of Muslims that practice FGM. And that most Muslims who migrate to the West come from non-practicing schools and traditions - and Muslims from the Maghreb, and Muslims from Pakistan and Turkey, who belong to the Hanafi school of fiqh, The Hanafi school is the school of Islam under which there is the least incidence of FGM.
The 'FGM as un-Islamic' narrative is bolstered by the fact that it is a minority of Muslims that practice FGM. And that most Muslims who migrate to the West come from non-practicing schools and traditions - and Muslims from the Maghreb, and Muslims from Pakistan and Turkey, who belong to the Hanafi school of fiqh, The Hanafi school is the school of Islam under which there is the least incidence of FGM.


However, Islam’s response to FGM is reminiscent of that of a burglar who, after having practiced his trade with impunity for a life-time, 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. Muslims, when discussing FGM, are more concerned with showing that FGM is un-Islamic than with condemning it or with protecting potential victims. This is comes from a obligation to prevent Islam's notional perfection from being sullied by its association with a practice widely preceived to be barbaric. The protection of girls and women from FGM often appears not to be a priority at all, indeed it is not infrequent to hear them argue that 'FGM is nothing to do with Islam, but it should be legal'.  
However, Islam’s response to FGM is reminiscent of that of a burglar who, after having practiced his trade with impunity for a life-time, 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. Muslims, when discussing FGM, are more concerned with showing that FGM is un-Islamic than with condemning it or with protecting potential victims. This is comes from a obligation to prevent Islam's notional perfection from being sullied by its association with a practice widely preceived to be barbaric. The protection of girls and women from FGM often appears not to be a priority at all, indeed it is not infrequent to hear them argue that 'FGM is nothing to do with Islam, but it should be legal'.  


This results in arguments being used to de-link FGM from Islam that are, by Western standards of critical thinking, are particularly weak and incoherent. The following section addresses some of the principal arguments used.   
This results in arguments being used to de-link FGM from Islam that are, by Western standards of critical thinking, are particularly weak and incoherent. The following section addresses some of the principal arguments used.   
{{anchor|arguments}} 


===Arguments de-linking FGM from Islam===
===Arguments de-linking FGM from Islam===
{{anchor|arguments}}{{anchor|equivocation}}  
{{anchor|equivocation}}  
====FGM not required by Islam====
====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, a critical reading of these reveals that they virtually all engage in some form of equivocation (deliberate use of ambiguous or equivocal language) in order to appear to be more critical of FGM than they are.   
Since the 1990s Islamic scholars, clerics and other sources have issued fatwas and statements that appear to criticise, condemn and even forbid FGM. However, a critical reading of these reveals that they virtually all engage in some form of equivocation (deliberate use of ambiguous or equivocal language) in order to appear to be more critical of FGM than they are.   
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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.   
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.   


{{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.”}}After gaining our trust by forthrightly condemning FGM, the implication of his final phrase (‘''it is not an obligation in Islam’'') could easily pass unnoticed i.e. 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 '<nowiki/>''not being obligatory'<nowiki/>'' 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’; 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’''.
{{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.”}}After gaining our trust by forthrightly condemning FGM, the implication of his final phrase (‘''it is not an obligation in Islam’'') could easily pass unnoticed i.e. 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 '<nowiki/>''not being obligatory'<nowiki/>'' 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’; 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’''.
 
''Not obligatory'', ''allowed'' or ''tolerated'' are no more acceptable legal or ethical positions to take with respect to FGM than they would be for murder, child sexual abuse or rape.  


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====FGM existed before Islam====
====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.
The underlying assumption of this argument is that ''if a practice existed before Islam then it can not be Islamic''.  


The hidden assumption here is that only that which Mohammed originated can be Islamic. If this were true almost nothing that has been considered Islamic over the last 1400 would be so. Monotheism, male circumcision, abstention from pork, giving to charity, interdictions on lying, murder would all be unislamic since previous religions and societies have held these beliefs and practices.
FGM did indeed exist before Islam. However, if this disqualified FGM from being 'Islamic' then also 'un-Islamic' would be monotheism, male circumcision, abstention from pork, giving to charity, interdictions on lying and murder since previous religions and societies have held these beliefs and practices - almost nothing that has been considered Islamic over the last 1400 would be so.  


But the grain of truth behind this argument is that FGM did indeed exist before Islam. But though a practice that is persistent once established – it would have eventually died out as more advance Graeco-Roman and Christian conceptions of society and humanity spread and prevailed, not least monogamy. But Mohammed took what was a practice specific to his particular tribe and, by deeming his life and teachings as 'exemplary' and perfect for all mankind, for the rest of time, and then by subsequently praisnig and approving of FGM - Mohammed sacralised FGM and guaranteed that it would exist and flourish for as long as Islam existed.
Mohammed took what was a practice specific to his particular tribe and region and, by inventing Islam, sacralised FGM and guaranteed that it would exist and flourish for as long as Islam existed. If Muhammed not done this FGM would have died out as more advance Graeco-Roman and Christian conceptions of society and humanity spread and prevailed, not least normative monogamy (we see this with the disappearance of similar practices such as footbinding, sati, slavery and child marriage).  


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====FGM is an African practice====
====FGM is an African practice====


This is a commonly heard variation on “FGM existed before Islam” - and it is true that FGM existed in a part of Africa before the invention of Islam – notably Egypt and the West coast of the Red Sea. But FGM was also practiced in Arabia before the invention of islam, not least by Mohammed's tribe – the Quraysh the FGM Hadith record this fact.
It is true that FGM existed in parts of Africa before the invention of Islam – notably Egypt and the West coast of the Red Sea (see [[User:Flynnjed/Sandbox#Non-Islamic sources|FGM before Islam: non-Islamic Sources]]). But the hadith report that FGM was also practiced in Arabia before the invention of Islam, not least by Mohammed's tribe – the Banu Quraysh.
 
We can also note that 1/ most of Africa does not practice FGM and that 2/ the majority of FGM happens outside of Africa. It appears to have been the Islamic invasion and occupation of Africa and Islam's plundering of the content for sex slaves that spread FGM to its current extent which coincides with that of Islam, its influence and its bloody borders.


We can note that most of Africa does not practice FGM and that the majority of FGM happens outside of Africa – it appears to have been the islamic invasion and occupation of Africa and Islam's plundering of the content for sex slaves that spread FGM to its current extent which coincides with that of Islam, its influence and its bloody borders.
It is also well documented that FGM was brought to Indonesia by Moslem traders and conquerors in the 13<sup>th</sup> Century. Indonesia has +90% rates of FGM amongst its Moslems and is of the Shaafi school - the School that makes FGM obligatory.


It is also well documented that FGM was brought to Indonesia by Moslem traders and conquerors in the 13<sup>th</sup> Century. Indonesia has +90% rates of FGM amongst its Moslems and is of the Shaafi school - the School that makes FGM obligatory.{{anchor|christians2}}
image world dist of FGM
 
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====Christians practice FGM too====
====Christians practice FGM too====
The underlying assumption of this argument is that ''if Christians engage in a practice then it can not be Islamic. This would mean that what is 'islamic' depends on what Christians do. That if Christians, for example, started paying abstaining from pork, then abstaining from pork would become un-Islamic.''    
The underlying assumption of this argument is that ''if Christians engage in a practice then it can not be Islamic.''
 
This would imply that what Christians do or don't do determines what is 'Islamic' - something that Muslims would undoubtedly reject.     


fgm in europe (show map)
fgm in europe (show map)
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There are however three countries where FGM appears to be practiced by Christian majorities – Ethiopia, Eritrea and Liberia. The FGM in Liberia is practiced as part of the initiation into secret women's societies. FGM in Ethiopia and Eritrea is due to a combination of historical factors, not least of which being that they were the hubs of the Islamic slave trade, where slave girls captured in West Africa were infibulated to guarantee their virginity and thus raise their price, in preparation for the slave markets of the Islamic Middle East. This Islamic practice, associated with slavery, was adopted by the locals, and has persisted – though FGM is being rapidly abandoned in both countries (compare to neighbouring Somalia).
There are however three countries where FGM appears to be practiced by Christian majorities – Ethiopia, Eritrea and Liberia. The FGM in Liberia is practiced as part of the initiation into secret women's societies. FGM in Ethiopia and Eritrea is due to a combination of historical factors, not least of which being that they were the hubs of the Islamic slave trade, where slave girls captured in West Africa were infibulated to guarantee their virginity and thus raise their price, in preparation for the slave markets of the Islamic Middle East. This Islamic practice, associated with slavery, was adopted by the locals, and has persisted – though FGM is being rapidly abandoned in both countries (compare to neighbouring Somalia).
graphs of decline


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====not all muslims practice FGM====
====not all Muslims practice FGM====
The underlying assumption of this argument is that ''only those practices which all Muslims engage in can be Islamic.''
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.  
First, as is clear from above the baseline stance that Islam takes on FGM is that it can't be forbidden. 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.
Second, there are many practices in Islam that are optional.
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====the Qur'an forbids mutilation====
====the Qur'an forbids mutilation====
This argument engages in Petitio Principi or 'Begging the Question' (The fallacy of assuming in the premise of an argument that which one wishes to prove in the conclusion). Islam forbids all mutilations to the human body – '''''other than those that Islamic law permits'''''. Hence male circumcision is a mutilation that Islamic law permits and it is therefore not forbidden. Likewise [[Amputation in Islamic Law|the amputation of hand and feet]]. Beheading, [[stoning]], and [[crucifixion]] are all also permitted in Islamic law and involve mutilation prior to the victim's death.
This argument engages in 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). Islam forbids all mutilations to the human body – '''''other than those that Islamic law permits'''''. Hence male circumcision is a mutilation that Islamic law permits and is therefore not forbidden. Likewise [[Amputation in Islamic Law|the 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.
 
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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<sup>th</sup> 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<sup>th</sup> 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.
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<sup>th</sup> 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<sup>th</sup> 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.
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:  
The more useful question is therefore:  
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