2,885
edits
Female Genital Mutilation in Islamic Law: Difference between revisions
Jump to navigation
Jump to search
Important topic, but there were some over-reaching and some misleading claims. Also added sira section.
| [checked revision] | [checked revision] |
(→FGM in the Hadith: added a hadith) |
Lightyears (talk | contribs) (Important topic, but there were some over-reaching and some misleading claims. Also added sira section.) |
||
| Line 1: | Line 1: | ||
[[File:712px-fgc types-ii.svg .jpg|thumb|274x274px|Female Genital Mutilation]] | [[File:712px-fgc types-ii.svg .jpg|thumb|274x274px|Female Genital Mutilation]] | ||
'''Female Genital Mutilation''' (Arabic: ختان المرأة) is the practice of cutting away and altering the external female genitalia for ritual or religious purposes. It can involve both or either '''Clitoridectomy''' and '''Excision'''. Clitoridectomy is the amputation of part or all of the clitoris or the removal of the clitoral prepuce. '''Excision''' is the cutting away of either or both the inner and outer labia. A third practice, '''Infibulation''' (or Pharaonic circumcision), is 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 includes clitoridectomy. | '''Female Genital Mutilation''' (Arabic: ختان المرأة) is the practice of cutting away and altering the external female genitalia for ritual or religious purposes. It can involve both or either '''Clitoridectomy''' and '''Excision'''. Clitoridectomy is the amputation of part or all of the clitoris or the removal of the clitoral prepuce. '''Excision''' is the cutting away of either or both the inner and outer labia. A third practice, '''Infibulation''' (or Pharaonic circumcision), is 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 includes clitoridectomy. | ||
FGM predates Islam. The [[Banu Qurayza|Banu Quraysh]], Muhammad's native tribe, appear to have engaged in the practice. Muhammad | FGM predates Islam. The [[Banu Qurayza|Banu Quraysh]], Muhammad's native tribe, appear to have engaged in the practice. FGM is not mentioned in the Quran, but is mentioned in several hadith. One which is graded sahih records Muhammad incidentally mentioning the circumcised status of men and women; in another Aisha incidentally reveals that both she and Muhammad were circumcised; and in another three hadiths Muhammad endorses FGM, though those have been graded da'if (weak). Two hadith record the [[sahabah]] (Companions of Mohammed) engaging in the practice (see [[Female Genital Mutilation in Islamic Law#FGM in the Hadith|FGM in the Hadith]]). | ||
The FGM hadith give very few clues as to ''the nature'' of the practice they approve. Hence the nature, incidence and distribution of FGM varies between countries and communities. The most significant determining factor appears to be the presiding school of Islam ([[Fiqh (Islamic Jurisprudence)|fiqh]]). Other factors include the culture's level of anxiety around female sexuality, its proximity to Islamic slave-trade routes (Infibulation is associated with the transportation of slaves), and the nature and degree of Christian influence. | The FGM hadith give very few clues as to ''the nature'' of the practice they approve. Hence the nature, incidence and distribution of FGM varies between countries and communities. The most significant determining factor appears to be the presiding school of Islam ([[Fiqh (Islamic Jurisprudence)|fiqh]]). Other factors include the culture's level of anxiety around female sexuality, its proximity to Islamic slave-trade routes (Infibulation is associated with the transportation of slaves), and the nature and degree of Christian influence. | ||
Traditional scholars all allow, recommend or mandate FGM (see [[Female Genital Mutilation in Islamic Law#FGM and the Schools of Islamic Law|FGM and the Schools of Islamic Law]]). Islamic law also implicitly favors FGM by creating social conditions that 1/ make the practice useful or necessary, and 2/ normalise it. [[Polygamy in Islamic Law|Polygyny]] (which Islam encourages) creates sexually violent societies which put girls and women at a heightened risk of rape or abduction. In response to this the community develops practices which safeguard the 'purity', chastity and reputation of its girls and women. FGM is such a practice - as are [[Child Marriage in Islamic Law|child marriage]], gender segregation and purdah, arranged marriages, chaperoning, veiling, 'honour' culture, bride-price ([[Mahr (Marital Price)|mahr]]) and footbinding.<ref>'[http://webarchiv.ethz.ch/soms/teaching/OppFall09/MackieFootbinding.pdf 'Ending Footbinding and Infibulation: A Convention Account' - Gerry Mackie (1996)]</ref> Islam's legitimisation of slavery, especially [[Rape in Islamic Law|sex slavery]], also has a significant role in the nature, incidence and distribution of FGM.<!-- add link to sociology section in 'FGM in Islam' --> | |||
Whilst most modern fatwas favour FGM, there has been, over the past half century, a growing unease in the Islamic world concerning the practice (due to a growing concern on the part of organisations such as the UN and UNICEF). This has resulted in some fatwas critical of FGM. It appears that the earliest fatwa clearly critical of FGM was issued in 1984.<ref name=":1">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 1996]</ref> (see [[Female Genital Mutilation in Islamic Law#Modern Fatwas|Modern Fatwas]]) | |||
It should be noted that those who practice FGM refer to it as '''Female Circumcision''' rather than '''Female Genital Mutilation.''' The Hadith and most of the fatwas reproduced on this page are translations. Where this is the case it is likely that the term used is the translator's choice, not the hadith or fatwa's originator. | |||
==FGM in the Sira literature== | |||
Academic scholar Kathryn Kueny notes that the sira literature mentions circumcision several times in passing (male and female), though not as one might expect. This is somewhat in contrast to the hadith literature. | |||
{{Quote|Kathryn Kueny, ''Abraham's Test: Islamic male circumcision As Anti/Ante-Covenantal Practice''<ref>Kathryn Kueny, ''Abraham's Test: Islamic male circumcision As Anti/Ante-Covenantal Practice'' in Reeves J. C. (Ed.) 2004, ''Bible and Quran: Essays in Scriptural Intertextuality'', Leiden: Brill, p. 172</ref>|Coming away from the ''Sira'', one would have the sense that Arabs practiced circumcision but would have no idea why or how circumcision may possibly be included into the corpus of Islamic rituals, mandatory on otherwise. Certainly we find no clear links between circumcision and the ''sunan Ibrahim''. Ironically as well, we come away from the ''Sira'' with the sense too that Jews never embraced circumcision (their hearts were, after all, uncircumcised) or that circumcision would have any associations with the covenantal promises articulated in the Torah or the Quran. Circumcision is conceived of as a polytheistic, cultural practice involving males and females that is also linked to such undesirable practices as idol worship.}} | |||
==FGM in the Hadith== | ==FGM in the Hadith== | ||
{{anchor|hadith}} | {{anchor|hadith}} | ||
FGM is mentioned in (at least) | FGM is mentioned in (at least) eight Hadith. In two sahih reports Muhammad and Aisha respectively are reported to have incidentally mentioned male and female circumcision (in the latter case, that the two of them were both circumcised), and Muhammad endorses the practice in three others, though those are graded as da'if (weak) authenticity. Two report [[Sahabah]] (Muhammad's companions) participating in FGM. The remaining hadith has little import doctrinally, but is of linguistic, historical and sociological interest in that it quotes a Meccan warrior being mocked for being one who performs FGM. | ||
===Hadith: Muhammad=== | ===Hadith: Muhammad=== | ||
====The Fitrah Is Five Things==== | ====The Fitrah Is Five Things==== | ||
{{Quote|1={{Bukhari|7|72|777}}; See also {{Muslim|2|495}}|2=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''' [الْخِتَانُ - khitan], shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”}} | The following hadith mentions circumcision (''khitan''), though is ambiguous as to whether male, female or both is intended. The concept of fitra in this hadith physically distinguished believers by various means from non-believers. The other concept of fitra that emerged in early Islam (and a closer match to how the word appears in {{Quran|30|30}}) is that every child is born upon fitrah, and then his parents make him Jew or Christian (see for example {{Muwatta|16||53}} or {{Bukhari|2|23|467}}. | ||
{{Quote|1={{Bukhari|7|72|777}}; See also {{Muslim|2|495}}|2=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''' [الْخِتَانُ - khitan], shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”}} | |||
====When the Circumcised Parts Touch Each Other==== | |||
{{Quote|1={{Muslim|3|684}}; see also {{Bukhari|1|5|289}}|2=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''' [الْخِتَانُ - khitan] | |||
parts touch each other a bath becomes obligatory.}} | |||
To '''''<nowiki/>'sit amidst four parts'<nowiki/>''''' of a woman is a euphemism for sexual intercourse. {{Quote|[https://web.archive.org/web/20220224151940/https://sunnah.com/tirmidhi:108 Jami` at-Tirmidhi 108]|"[Abu Musa has told us that Muhammad bin Almuthanna has told him that Alwaleed Bin Muslim, from Al-Awza'i, from Abdulrahman bin Alqasim from his father from Aisha]: when the circumcised meets the circumcised, then indeed Ghusl is required. Myself and Allah's Messenger did that, so we performed Ghusl."}}The above variant reports Muhammad and Aisha having intercourse, and having to perform 'ghusl' (the ritual bath) because both were 'circumcised'. Note that this Hadith is rated as ''sahih'' (authentic). | |||
====A Preservation of Honor for Women==== | ====A Preservation of Honor for Women==== | ||
The following hadith is graded weak: | |||
{{Quote|1=Ahmad Ibn Hanbal 20:719; Al-Baihaqqy 8:324|2=Abu al- Malih ibn `Usama's father relates that the Prophet said: "'''Circumcision''' [الْخِتَانُ - khitan] is a law for men and a preservation of honour for women'."}} | {{Quote|1=Ahmad Ibn Hanbal 20:719; Al-Baihaqqy 8:324|2=Abu al- Malih ibn `Usama's father relates that the Prophet said: "'''Circumcision''' [الْخِتَانُ - khitan] is a law for men and a preservation of honour for women'."}} | ||
====Do Not Cut Severely==== | ====Do Not Cut Severely==== | ||
{{Quote|1={{Abu Dawud|41|5251}}|2=Narrated Umm Atiyyah al-Ansariyyah: A woman used to perform '''circumcision''' [الْخِتَانُ - khitan] 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".}} | It is weak according to Abu Dawud himself and classical scholars such as Ibn Hajah (though sahih according to al-Albani): | ||
{{Quote|1={{Abu Dawud|41|5251}}|2=Narrated Umm Atiyyah al-Ansariyyah: A woman used to perform '''circumcision''' [الْخِتَانُ - khitan] 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". | |||
Abu Dawud said: It has been transmitted by 'Ubaid Allah b. 'Amr from 'Abd al-Malik to the same effect through a different chain. | |||
Abu Dawud said: It is not a strong tradition. It has been transmitted in mursal form (missing the link of the Companions) | |||
Abu Dawud said: Muhammad b. Hasan is obscure, and this tradition is weak. }} | |||
====Apply Henna and Circumcise==== | ====Apply Henna and Circumcise==== | ||
This again is graded weak: | |||
{{Quote|Mukhtassar Zawa’id Musnad Al -Bazzar of Ibn Hajar, Item 1227, I, 669|[Muhammad said] “Oh women of the Ansâr! Apply henna and circumcise [فَاخْفِضُو - khaffad]! But do not exaggerate for it is more pleasing for your women folks when they are with their husbands."}} | {{Quote|Mukhtassar Zawa’id Musnad Al -Bazzar of Ibn Hajar, Item 1227, I, 669|[Muhammad said] “Oh women of the Ansâr! Apply henna and circumcise [فَاخْفِضُو - khaffad]! But do not exaggerate for it is more pleasing for your women folks when they are with their husbands."}} | ||
===Hadith: The Sahabah (the Companions of Muhammad)=== | ===Hadith: The Sahabah (the Companions of Muhammad)=== | ||
The following three hadith touch on FGM, but do not involve Muhammad. | The following three hadith touch on FGM, but do not involve Muhammad. | ||
====In Bukhari's al-Adab al-Mufrad==== | ====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]]''. The Adab have less doctrinal authority than hadith featuring Muhammad. However, scholars have ruled most of the hadith in the collection as being ''sahih'' (authentic) or ''hasan'' (sound). | 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]]''. The Adab have less doctrinal authority than hadith featuring Muhammad. However, scholars have ruled most of the hadith in the collection as being ''sahih'' (authentic) or ''hasan'' (sound). | ||
| Line 43: | Line 52: | ||
=====Go and Circumcise Them and Purify Them===== | =====Go and Circumcise Them and Purify Them===== | ||
{{Quote|1=[https://sunnah.com/adab/53/2 Al-Adab Al-Mufrad 53:1245]|2=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''' [فَاخْفِضُو - khaffad] them and purify them."'}}فَاخْفِضُو (khaffad) translates as 'lower them' or 'trim them'. | {{Quote|1=[https://sunnah.com/adab/53/2 Al-Adab Al-Mufrad 53:1245]|2=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''' [فَاخْفِضُو - khaffad] them and purify them."'}}فَاخْفِضُو (khaffad) translates as 'lower them' or 'trim them'. | ||
====One Who Circumcises Other Ladies==== | |||
This hadith includes an exchange of insults between Meccan warriors and Muhammad's companions prior to the [[Battle of Uhud|battle of Uhud]]. {{Quote|1={{Bukhari|5|59|399}}|2=“[…] 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''' [أَنْمَارٍ مُقَطِّعَةِ الْبُظُورِ - muqaṭwiʿaẗi al-ْbuẓūri] other ladies! Do you challenge Allah and His Apostle?’ […]”}}أَنْمَارٍ مُقَطِّعَةِ الْبُظُورِ (muqaṭwiʿaẗi al-ْbuẓūri) translates as 'cutter of clitorises'. | |||
==FGM and the Schools of Islamic Law== | ==FGM and the Schools of 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|link=https://wikiislam.net/wiki/File:Madhhabplusfgm.jpeg|400x400px]]Only one school of Islam - the Shafi'i - makes FGM universally obligatory. The other schools of Islam recommend it with differing levels of obligation. Since nothing that Muhammad allowed can be prohibited, no school of Islam can forbid FGM. Differences in hermeneutics (methodologies of interpretation of texts, especially religious and philosophical texts) result in certain Hadith having more weight and influence in some schools than in others. The hadith {{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.}}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]]) or ''daif'' (weak)– possibly explaining the lower rates of FGM amongst followers of these schools. However, it may be that followers of the Maliki and Hanafi schools who are devout (or who wish to ''appear'' devout) will tend to treat as 'obligatory' practices that are merely 'recommended' – since for the devout anything that is recommended should be definitely done. | [[File:Madhhabplusfgm.jpeg|alt=Maps showing distribution of madhaps and prevalence of FGM|thumb|Maps showing distribution of madhaps and prevalence of FGM|link=https://wikiislam.net/wiki/File:Madhhabplusfgm.jpeg|400x400px]]Only one school of Islam - the Shafi'i - makes FGM universally obligatory. The other schools of Islam recommend it with differing levels of obligation. Since nothing that Muhammad allowed can be prohibited, no school of Islam can forbid FGM. Differences in hermeneutics (methodologies of interpretation of texts, especially religious and philosophical texts) result in certain Hadith having more weight and influence in some schools than in others. The hadith {{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.}}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]]) or ''daif'' (weak)– possibly explaining the lower rates of FGM amongst followers of these schools. However, it may be that followers of the Maliki and Hanafi schools who are devout (or who wish to ''appear'' devout) will tend to treat as 'obligatory' practices that are merely 'recommended' – since for the devout anything that is recommended should be definitely done. | ||