Female Genital Mutilation in Islamic Law: Difference between revisions

'''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''': the amputation of part or all of the clitoris (or the removal of the clitoral prepuce) and/or '''Excision''': the cutting away of either or both the inner or outer labia. '''Infibulation''' 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. [[File:Fgmmuslimmap.jpg|alt=World maps comparing distributions of FGM and of Muslims|thumb|World maps comparing distributions of FGM and of Muslims|link=]]UNICEF's 2016 report into FGM estimates that in the 30 countries surveyed at least 200 million girls and women have undergone FGM.<ref>UNICEF [https://www.unicef.org/media/files/FGMC_2016_brochure_final_UNICEF_SPREAD.pdf Female Genital Mutilation/Cutting: a Global Concern (2016)]</ref> This means that about one in twenty women world-wide have undergone FGM. About 80% of FGM is attributable to Muslims.<ref name=":2">[http://archive.today/2021.04.09-040325/https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/ What Percentage of Global FGM is done by Moslems ?]</ref> This means that at least one in five Muslim women worldwide have been genitally mutilated (compared to about one in eighty non-Muslim women).

The Qur'an contains no explicit mention of FGM. However, Quran 30:30, by exhorting Muslims to 'adhere to the fitrah' indirectly, but ineluctably, exhorts Muslims to engage in FGM. (see [[Female Genital Mutilation in Islamic Law#FGM in the Qur.27an|FGM in the Qur'an]])

FGM predates Islam. The [[Banu Qurayza|Banu Quraysh]], Muhammad's native tribe, appear to have engaged in the practice. Muhammad maintained the practice after migrating to Medina and is recorded as approving of the practice in four hadith. Two record the [[sahabah]] (Companions of Mohammed) engaging in the practice. (see [[User:Flynnjed/Sandbox#FGM%20in%20the%20Hadith|FGM in the Hadith]])

Several hadith report Muhammad (and his companions) approving of FGM. But these hadith give very few clues as to ''the nature'' of what he was approving. Consequently the practice of FGM varies greatly from community to community and country to country, depending mostly on the presiding school of Islam (fiqh). Other factors determining the nature and incidence of FGM are 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 and colonization. (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law]])

In addition to Islamic law ''explicitly'' advocating FGM, other aspects of Islamic law also favor FGM by creating social conditions that normalise FGM, and make the practice useful or necessary. [[Polygamy in Islamic Law|Polygyny]], which is permitted in Islam, creates sexually violent societies in which girls and women are at a heightened risk of rape or abduction. The community responds to this heightened risk by developing 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. Islam's legitimisation of slavery, especially [[Rape in Islamic Law|sex slavery]], appears to also have a significant role in the nature, incidence and distribution of FGM.<!-- add link to sociology section in 'FGM in Islam' -->

There exist numerous fatwas supporting and commanding FGM. Traditional scholars all allow, recommend or mandate FGM. (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law)]]

It appears that most modern fatwas support the practice. However, there has been, over the past half century, a growing unease in the Islamic world concerning the practice (due to a growing awareness of the practice by 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#Critical|Modern Fatwas: Critical]])

It should be noted that those who practice FGM refer to it as '''Female Circumcision''' rather than '''Female Genital Mutilation.''' 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, rather than that of the fatwa's originator.  

''<nowiki/><nowiki/>''{{Quote|{{Quran|30|30}}|So direct your face toward the religion, inclining to truth. '''[Adhere to] the fitrah''' (فطرة or فطرت) of Allah upon which He has created (فطر) [all] people. No change should there be in the creation of Allah . That is the correct religion, but most of the people do not know.}}The word ''<nowiki/>'fitrah''' appears only this once in the Qur'an, and is left undefined and unexplained. To know what 'fitrah means, traditional scholars turn to hadith which make use of the word. The hadith which offers the clearest explanation is one already mentioned in the previous section.{{Quote|{{Bukhari|7|72|777}}; See also {{Muslim|2|495}}|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''', shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”}}This hadith uses the Arabic word ''khitan'' (ختان) for 'circumcision'.