Female Genital Mutilation in Islamic Law: Difference between revisions

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→‎Arguments De-linking FGM and Islam: fixing links and other minor edits
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But several sahih (authentic) hadith favour FGM, and Islamic scholarship does not consider that that weak hadiths cancel, or weaken, more reliable ones.   
But several sahih (authentic) hadith favour FGM, and Islamic scholarship does not consider that that weak hadiths cancel, or weaken, more reliable ones.   


Four of the seven '[[User:Flynnjed/Sandbox#FGM in the Hadith|FGM hadith]]' report Muhammad favouring FGM. Two of these ('[[User:Flynnjed/Sandbox#The fitrah is five things.2C including circumcision|The fitrah is five things]]' and '[[User:Flynnjed/Sandbox#When the circumcised parts touch each other|When the circumcised parts touch]]') are included in the hadith compilations of ''both'' [[Sahih Bukhari|Bukhari]] and Muslim. Both are considered wholly authoritative. Moreover these two hadith are also some of the best-supported hadith in these compilations. '[[User:Flynnjed/Sandbox#When the circumcised parts touch each other|When the circumcised parts touch]]' is a 'tacit approval' in that it reports Muhammad referring in passing to FGM without him expressing disapproval of it. The two other hadith report Muhammad's attitude towards FGM ([[User:Flynnjed/Sandbox#A preservation of honor for women|'A preservation of honour for women]]' and [[User:Flynnjed/Sandbox#Do not cut .22severely.22|'Do not cut severely']]). These are not generally considered as ''sahih'', but ''hasan'' (good) or ''daif'' (weak).     
Four of the seven '[https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#FGM_in_the_Hadith FGM hadith]' report Muhammad favouring FGM. Two of these ('[https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#The_Fitrah_Is_Five_Things The fitrah is five things]' and '[https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#When_the_Circumcised_Parts_Touch_Each_Other When the circumcised parts touch]') are included in the hadith compilations of ''both'' [[Sahih Bukhari|Bukhari]] and Muslim. Both are considered wholly authoritative. Moreover these two hadith are also some of the best-supported hadith in these compilations. '[https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#When_the_Circumcised_Parts_Touch_Each_Other When the circumcised parts touch]' is a 'tacit approval' in that it reports Muhammad referring in passing to FGM without him expressing disapproval of it. The two other hadith report Muhammad's attitude towards FGM ([https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#A_Preservation_of_Honor_for_Women 'A preservation of honour for women]' and [https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#Do_Not_Cut_Severely 'Do not cut severely']). These are not generally considered as ''sahih'', but ''hasan'' (good) or ''daif'' (weak).     


Al-Bukhari also compiled two adab which touch on FGM ('[[User:Flynnjed/Sandbox#Someone to Amuse Them|Someone to Amuse Them]]' and '[[User:Flynnjed/Sandbox#Go and Circumcise Them and Purify Them|Go and Circumcise Them and Purify Them]]'). Al-Bukhari's evaluation of the hadiths included ''al-Adab al-Mufrad'' was not as rigorous as for his best-known collection - ''[[Sahih Bukhari]]''. However, scholars have ruled the hadith in the collection as being mostly ''sahih'' or ''hasan''.   
Al-Bukhari also compiled two adab which touch on FGM ('[[User:Flynnjed/Sandbox#Someone to Amuse Them|Someone to Amuse Them]]' and '[[User:Flynnjed/Sandbox#Go and Circumcise Them and Purify Them|Go and Circumcise Them and Purify Them]]'). Al-Bukhari's evaluation of the hadiths included ''al-Adab al-Mufrad'' was not as rigorous as for his best-known collection - ''[[Sahih Bukhari]]''. However, scholars have ruled the hadith in the collection as being mostly ''sahih'' or ''hasan''.   
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The argument that 'Sunnah Circumcision' should be allowed because Male Circumcision is allowed is to argue that Evil X should be allowed because Evil Y is allowed. The WHO etc should achieve coherence by condemning ''both'' practices, not by condoning them.   
The argument that 'Sunnah Circumcision' should be allowed because Male Circumcision is allowed is to argue that Evil X should be allowed because Evil Y is allowed. The WHO etc should achieve coherence by condemning ''both'' practices, not by condoning them.   


'''NB -''' no-one who practices, or defends, FGM refers to what they do as 'mutilation', not even those who infibulate. This is especially so for Muslims, since the Qur'an appears to forbid mutilation ({{Quran|30|30}}, {{Quran|2|195}} - but see [[User:Flynnjed/Sandbox#The Qur.27an Forbids Mutilation|previous section]]). The line which separates 'justified intervention' and 'mutilation' is therefore always set somewhere beyond the practice being defended. It can happen that a Muslim who condemns 'Female Genital Mutilation' will on further discussion, reveal themselves to support 'Female circumcision'.
'''NB -''' no-one who practices, or defends, FGM refers to what they do as 'mutilation', not even those who infibulate. This is especially so for Muslims, since the Qur'an appears to forbid mutilation ({{Quran|30|30}}, {{Quran|2|195}} - but see [https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#The_Qur.27an_Forbids_Mutilation previous section]). The line which separates 'justified intervention' and 'mutilation' is therefore always set somewhere beyond the practice being defended. It can happen that a Muslim who condemns 'Female Genital Mutilation' will on further discussion, reveal themselves to support 'Female circumcision'.


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However, there is also no record of Muhammad having undergone circumcision himself, or of him having his sons circumcised. Indeed, there are many aspects of Islamic law for which there is no record of Mohammed having practiced: there is no record of Muhammad limiting himself to just four wives, for example.  
However, there is also no record of Muhammad having undergone circumcision himself, or of him having his sons circumcised. Indeed, there are many aspects of Islamic law for which there is no record of Mohammed having practiced: there is no record of Muhammad limiting himself to just four wives, for example.  


The hadith suggest that females in Muhammad's circle would have undergone FGM before puberty, and current practice confirms this (a 2013 UNICEF pamphlet reveals that most girls undergo FGM before five years of age in roughly half of countries with available data<ref>[https://www.tandfonline.com/doi/pdf/10.1016/S0968-8080(13)42747-7 Female Genital Mutilation/Cutting: a statistical overview and exploration of the dynamics of change United Nations Children’s Fund, New York, July 2013]</ref>). In the [[User:Flynnjed/Sandbox2#Someone to Amuse Them|hadith narrated by Umm ‘Alqama]] the persons being cut are clearly children, and the function of Islamic FGM (see [[User:Flynnjed/Sandbox2#The origins of FGM|The Origins of FGM]], [[User:Flynnjed/Sandbox2#Islamic Doctrine that creates social conditions favourable to FGM|Islamic Doctrine that creates social conditions favourable to FGM]] and [[User:Flynnjed/Sandbox2#The Functions of FGM|the Functions of FGM]]) requires that it be prepubescents who are submitted to FGM, not adolescents or adults.Therefore it is unlikely that Muhammad would have needed to command or require the circumcision of his wives, since they would have already been circumcised before he married them.   
The hadith suggest that females in Muhammad's circle would have undergone FGM before puberty, and current practice confirms this (a 2013 UNICEF pamphlet reveals that most girls undergo FGM before five years of age in roughly half of countries with available data<ref>[https://www.tandfonline.com/doi/pdf/10.1016/S0968-8080(13)42747-7 Female Genital Mutilation/Cutting: a statistical overview and exploration of the dynamics of change United Nations Children’s Fund, New York, July 2013]</ref>). In the [https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#Someone_to_Amuse_Them hadith narrated by Umm ‘Alqama] the persons being cut are clearly children, and the function of Islamic FGM<!-- insert links - (see The Origins of FGM, Islamic Doctrine that creates social conditions favourable to FGM and the Functions of FGM) --> requires that it be prepubescents who are submitted to FGM, not adolescents or adults. Therefore it is unlikely that Muhammad would have needed to command or require the circumcision of his wives, since they would have already been circumcised before he married them.   


FGM in Islamic cultures is matriarchal, taboo-ridden and secretive affair, usually arranged by female relatives. The hadith '[[User:Flynnjed/Sandbox#Do not cut .22severely.22|do not cut severely]]' and '[[User:Flynnjed/Sandbox#One Who Circumcises Other Ladies|One who circumcises other ladies]]' depict women performing the mutilation, not men. Male family members are excluded and may not even realise that their community engages in the practice.<ref>[http://archive.today/2021.04.09-081411/https://www.theguardian.com/commentisfree/2016/feb/08/victim-fgm-speaking-out-cut-genitals-culture-of-silence I’m a survivor of female genital cutting and I’m speaking out – as others must too - Maryum Saifee]</ref>   
FGM in Islamic cultures is matriarchal, taboo-ridden and secretive affair, usually arranged by female relatives. The hadith '[https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#Do_Not_Cut_Severely do not cut severely]' and '[https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#One_Who_Circumcises_Other_Ladies One who circumcises other ladies]' depict women performing the mutilation, not men. Male family members are excluded and may not even realise that their community engages in the practice.<ref>[http://archive.today/2021.04.09-081411/https://www.theguardian.com/commentisfree/2016/feb/08/victim-fgm-speaking-out-cut-genitals-culture-of-silence I’m a survivor of female genital cutting and I’m speaking out – as others must too - Maryum Saifee]</ref>   


{{Quote|[http://archive.today/2021.04.09-082018/https://fgmtruth.wordpress.com/2019/06/14/a-response-to-delinking-female-genital-mutilation-cutting-from-islam-part-2/ A Response to ‘Delinking Female Genital Mutilation/Cutting from Islam’ – part 2]|[...]brothers are often unaware that their sisters have been 'cut'. The author records a striking instance of this: an Omani undergraduate who was assisting his research into FGM, was stunned to read surveys reporting FGM-rates of between 75 to 95% in Oman, having assumed that his country was free of the practice. <ref>[https://www.researchgate.net/publication/326191394_Female_Genital_Mutilation_in_the_Middle_East_Placing_Oman_on_the_Map Female Genital Mutilation in the Middle East: Placing Oman on the Map, June 2018, Hoda Thabet & Azza Al-Kharousi]</ref>
{{Quote|[http://archive.today/2021.04.09-082018/https://fgmtruth.wordpress.com/2019/06/14/a-response-to-delinking-female-genital-mutilation-cutting-from-islam-part-2/ A Response to ‘Delinking Female Genital Mutilation/Cutting from Islam’ – part 2]|[...]brothers are often unaware that their sisters have been 'cut'. The author records a striking instance of this: an Omani undergraduate who was assisting his research into FGM, was stunned to read surveys reporting FGM-rates of between 75 to 95% in Oman, having assumed that his country was free of the practice. <ref>[https://www.researchgate.net/publication/326191394_Female_Genital_Mutilation_in_the_Middle_East_Placing_Oman_on_the_Map Female Genital Mutilation in the Middle East: Placing Oman on the Map, June 2018, Hoda Thabet & Azza Al-Kharousi]</ref>
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