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User:Flynnjed/Sandbox: Difference between revisions
→FGM in Islamic law
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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. | 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 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 | 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|Equivocation]] below). | ||
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: | 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: | ||
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'Circumcision is sunnah and fitrah. For women, circumcision is makrumah. If the inhabitants of a country reach a unanimous decision to abandon circumcision, the Imam has to wage war against them as it is one of the rituals and a specificity of Islam.' | 'Circumcision is sunnah and fitrah. For women, circumcision is makrumah. If the inhabitants of a country reach a unanimous decision to abandon circumcision, the Imam has to wage war against them as it is one of the rituals and a specificity of Islam.' | ||
{{Quote | {{Quote|Al-Musuli (died 1284, hanafite)|'Circumcision is sunnah and fitrah. For women, circumcision is makrumah. If the inhabitants of a country reach a unanimous decision to abandon circumcision, the Imam has to wage war against them as it is one of the rituals and a specificity of Islam.'}} | ||
===Shafi'i Madhab=== | ===Shafi'i Madhab=== | ||
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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')}} | '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=== | ||