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==Modern Fatwas==
==Modern Fatwas==
The following is a selection of Fatwas, mainly extracts, from the 20th and 21st Century. They have been, as far as possible, arranged in chronological order. Note that many are secondary or even tertiary sources.
The following is a selection of Fatwas, mainly extracts, from the 20th and 21st Century. They have been, as far as possible, arranged in chronological order. Note that many are secondary or even tertiary sources.
===Favourable===
===Favourable ===
<br />{{Quote-text|The Mufti of Sudan (1939) – cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh|“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.”}}{{Quote-text|Sheikh Nassar (1951) – cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh|“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”}}{{Quote-text|Sheikh Shaltut, of Al-Azhar University (1951) – cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh|“ 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.”}}{{Quote-text|Sheikh Jad-al-Haq (1981)– cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh|“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.”}}
{{Quote-text|[https://www.amazon.co.uk/gp/product/1481084933/ref&#61;ppx_yo_dt_b_asin_title_o03_s00?ie&#61;UTF8&psc&#61;1 The Mufti of Sudan (1939) – cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh]|“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.”}}{{Quote-text|[https://www.amazon.co.uk/gp/product/1481084933/ref&#61;ppx_yo_dt_b_asin_title_o03_s00?ie&#61;UTF8&psc&#61;1 Sheikh Nassar (1951) – cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh]|“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”}}{{Quote-text|[https://www.amazon.co.uk/gp/product/1481084933/ref&#61;ppx_yo_dt_b_asin_title_o03_s00?ie&#61;UTF8&psc&#61;1 Sheikh Shaltut, of Al-Azhar University (1951) – cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh]|“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.”}}{{Quote-text|[https://www.amazon.co.uk/gp/product/1481084933/ref&#61;ppx_yo_dt_b_asin_title_o03_s00?ie&#61;UTF8&psc&#61;1 Sheikh Jad-al-Haq (1981)– cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh]|“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.”}}{{Quote-text|1=[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1  a professor of the faculty of Muslim theology in Mansurah, Egypt (1985)– cited in ‘Male and female circumcision: Religious, medical, social and legal debate‘ by Sami A. Aldeeb Abu-Sahlieh]|2=“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”}}{{Quote-text|[http://archive.today/2021.04.09-051709/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. ..."}}{{Quote-text|Yusuf al-Qaradawi (born 1926) cited in ‘Modern Fatwas’ (1987)|“I personally support [FGM] under the current circumstances in the modern world. Anyone who thinks that circumcision is the best way to protect his daughters should do it [...] The moderate opinion is in favor of practicing circumcision to reduce temptation.”}}


“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 (1985)– 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
"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. ..." [http://archive.today/2021.04.09-051709/https://tteonb.wordpress.com/2015/06/30/fgm-female-genital-mutilation-islam/ Fatwa of Dar al-Ifta’ al-Misriyyah] (1986)
“I personally support [FGM] under the current circumstances in the modern world. Anyone who thinks that circumcision is the best way to protect his daughters should do it [...] The moderate opinion is in favor of practicing circumcision to reduce temptation.” Yusuf al-Qaradawi (born 1926) cited in ‘Modern Fatwas’ (1987)
“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 (2000)– 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


"[Female] circumcision can lead to death? Well, riding the train can also lead to death. Flying in a plane can lead to death. Drinking water can lead to death. Eating eggplant can lead to death [...My mother, my sister, my daughter, and my wife [have all gone through this], and so have the mothers, sisters, and wives of those 'expert doctors,' and they did not die from it. According to our customs, and you are a village man like I am... Have we ever heard of a girl who died during circumcision? You are familiar with the village customs. They make a celebration out of i [...] Giving birth can lead to death, right? How many women have died during child birth? Many more than have died during [female] circumcision, by the way... So should women stop giving birth?" [https://www.memri.org/tv/egyptian-islamic-scholar-salama-qawi-defends-fgm-air-travel-drinking-water-eggplants-birth-also-lead-death Egyptian Islamic Scholar Salama Abd Al-Qawi Defends FGM] (2000)
"[Female] circumcision can lead to death? Well, riding the train can also lead to death. Flying in a plane can lead to death. Drinking water can lead to death. Eating eggplant can lead to death [...My mother, my sister, my daughter, and my wife [have all gone through this], and so have the mothers, sisters, and wives of those 'expert doctors,' and they did not die from it. According to our customs, and you are a village man like I am... Have we ever heard of a girl who died during circumcision? You are familiar with the village customs. They make a celebration out of i [...] Giving birth can lead to death, right? How many women have died during child birth? Many more than have died during [female] circumcision, by the way... So should women stop giving birth?" [https://www.memri.org/tv/egyptian-islamic-scholar-salama-qawi-defends-fgm-air-travel-drinking-water-eggplants-birth-also-lead-death Egyptian Islamic Scholar Salama Abd Al-Qawi Defends FGM] (2000)

Revision as of 08:54, 13 April 2021

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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 (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.

FGM predates Islam. The 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 hadith record the sahabah (Companions of Mohammed) engaging in the practice (see FGM in the Hadith). Whilst the Qur'an contains no explicit mention of FGM, verse 30:30, by exhorting Muslims to 'adhere to the fitrah' indirectly, but ineluctably, exhorts Muslims to engage in FGM (see FGM in the Qur'an).

The hadith give very few clues as to the nature of what Muhammad approved of and Sahabah engaged in. Consequently the practice of FGM varies greatly between communities and countries. The most significant determinant of the nature and incidence of FGM appears to be the presiding school of Islam (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 (see FGM in Islamic law).

Islamic law also implicitly favors FGM by creating social conditions that 1/ make the practice useful or necessary, and 2/ normalise it. 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, gender segregation and purdah, arranged marriages, chaperoning, veiling, 'honour' culture, bride-price (mahr) and footbinding.[1] Islam's legitimisation of slavery, especially sex slavery, also has a significant role in the nature, incidence and distribution of FGM.

Traditional scholars all allow, recommend or mandate FGM (see FGM in Islamic Law). 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.[2] (see 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.

FGM in the Hadith

FGM is mentioned in (at least) seven Hadith. Four report Muhammad approving of FGM and two report Sahabah (Muhammad's companions) participating in FGM. The remaining hadith has little import doctrinally, but is of linguistic, historical and sociological interest.

Hadith: Muhammad

The fitrah is five things

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.”

Hadith methodology dictates that if it is not mentioned specifically or if the pronouns do not point to a certain gender, then the hadith is valid for both sexes (either directly or by analogy, or qiyas, in the case of women). Hence, this hadith is applicable for both men and women.

A preservation of honor for women

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'."
Ahmad Ibn Hanbal 5:75; Abu Dawud, Adab 167.

Do not cut severely

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".

When the circumcised parts touch each other

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 'sit amidst four parts' of a woman is a euphemism for sexual intercourse.

The Sahabah (the Companions of Muhammad)

The following three hadith touch on FGM, but do not involve Muhammad.

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.

“[…] 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'.

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).

Someone to Amuse Them
“Umm ‘Alqama related that when the daughters of ‘A’isha’s brother were circumcised [اخْتُتِنَّ - khitan], ‘A’isha was asked, “Shall we call someone to amuse them?” “Yes,” she replied. ‘Adi was sent for and he came to them. ‘A’isha passed by the room and saw him singing and shaking his head in rapture – and he had a large head of hair. ‘Uff!’ she exclaimed, ‘A shaytan! Get him out! Get him out!'””
Go and Circumcise Them and Purify Them
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'.

FGM in the Qur'an

There is no explicit reference to Female Genital Mutilation in the Qur'an. However, the Quran 30:30 requires Muslims to 'adhere to the fitrah'.

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 'fitrah appears only this once in the Qur'an, and is left undefined and unexplained. To know what 'fitrah means, traditional scholars turned to hadith which make use of the word.

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 [اخْتُتِنَّ - khitan], shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”

Note that this hadith uses the Arabic word khitan (ختان) for 'circumcision'.

Two other hadith (Someone to Amuse Them and Do not cut severely) use the word khitan in contexts where the procedure is unquestionably being performed on females (and only on females). Three other hadith (The fitrah is five things, A preservation of honor for women and When the circumcised parts touch each other) use the word 'khitan to refer to both FGM and Male Circumcision.

Thus, the word 'khitan' appears to refer to both or either FGM and Male Circumcision. According to traditional interpretive methodology, Quran 30:30 by requiring Muslims to 'adhere to the fitrah' advocates FGM.

FGM in Islamic law

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Maps showing distribution of madhaps and prevalence of FGM

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 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 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.

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 with some schools than in others. The hadith Sunan Abu Dawud 41:5251 is an example of this:

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. 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.

Maliki Madhab

The Maliki school was founded by Malik ibn Anas in the 8th century, who ruled that FGM is recommended, but not obligatory.

Maliki hold the view that it is wajib (obligatory) for males and sunnah (optional) for females
'Delinking Female Genital Mutilation/Cutting from Islam' by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)
Female circumcision is recommended.
Al-Dardir (died 1786, malikite)
Circumcision is Sunnah for men and women.
Ibn-al-jallab (died 988, Malikite)

Hanafi Madhab

This school is named after the scholar Abū Ḥanīfa an-Nu‘man ibn Thābit (d. 767) and is school with the largest number of followers among Sunni muslims. Abū Ḥanīfa maintained that FGM is not obligatory but optional or recommended.

The Hanafi view is that it is a sunnah (optional act) for both females and males
'Delinking Female Genital Mutilation/Cutting from Islam' by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)


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.
Al-Musuli (died 1284, hanafite)

Shafi'i Madhab

The Shafi’i school was founded by the Arab scholar Al-Shafi‘i in the early 9th century. The Shafi’i school rejects two interpretative heuristics that are accepted by other major schools of Islam: Istihsan (juristic preference) and Istislah (public interest), heuristics by which compassion and welfare can be integrated into Islamic law-making. Female genital mutilation (FGM) is obligatory in the Shafi'i madhab. Infibulation, the most severe form of FGM practiced under Islam, is almost entirely attributable to followers of the Shafi'i school of fiqh.

Shafi’i view it as wajib (obligatory) for both females and males
'Delinking Female Genital Mutilation/Cutting from Islam' by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)

'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.

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 Traveler [Umdat al-Salik], Section e4.3 on Circumcision

Nuh Ha Mim Keller's 1991 translation of 'Reliance of the Traveller' translates the word 'bazr' ( بَظْرٌ ) as 'clitorial prepuce' instead of simply 'clitoris'.[3] This is disputed because 1/ the usage is obscure and 2/ it leaves Arabic without a word for 'clitoris'.[4]

Hanbali Madhab

The Hanbali school is named after the Iraqi scholar Ahmad ibn Hanbal (d. 855). Ahmad ibn Hanbal studied under Al-Shafi‘i (founder of the Shafi’i school) and inherited his deep concerns about the jurists of his time, who were ready to reinterpret the doctrines of the Koran and Hadiths to pander to public opinion and the demands of the rich and powerful. Ibn Hanbal advocated a return to the literal interpretation of Koran and Hadiths. This has made the Hanbali school intensely traditionalist. Today’s ultra-conservative Wahhabi–Salafist movement is an offshoot of this school. The Hanbali school, unlike the Hanafi and Maliki schools, reject Istihsan (jurist discretion) and Urf (the customs of Muslims) as a sound basis by which to derive Islamic law.

Hanbali have two opinions: -it is wajib (obligatory) for both males and females – it is wajib (obligatory) for males and makrumah (honourable) for females.
'Delinking Female Genital Mutilation/Cutting from Islam' by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)
Circumcision is obligatory for men, and noble deed for women and not obligatory according to many scholars. Ahmad said: circumcision for men is more important for men than for women, as the foreskin is pending over the glans, therefore what is behind cannot be cleaned. Female circumcision is also prescribed for women. Abu-Abdallah said that the hadith “If the two circumcised membranes meet, ghusl is necessary” means that female circumcision was practiced. According to the hadith of Umar, a circumciser woman performed circumcision; he told her: leave some of it if you circumcise. It is also reported that the Prophet Muhammad said to the circumciser woman: Cut very slightly and do not exaggerate as it is preferable for the husband and better for the face.
Al-Qudamah (died 1223, hanbalite)
male and female circumcision are obligatory.
Al-Bahuti (died 1641, Hanbalite)
Praise be to Allah. Yes, they should be circumcised, i.e., the top of the piece of skin that looks like a rooster’s comb should be cut. The Messenger of Allah said to the woman who did circumcisions: “Leave something sticking out and do not go to extremes in cutting. That makes her face look brighter and is more pleasing to her husband.” That is because the purpose of circumcising a man is to make him clean from the impurity that may collect beneath the foreskin. But 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. And Allah knows best.
Sheikh al-Islam Ibn Taymiyah (died 1328, Hanbalite)
Khitaan is a noun describing the action of the circumciser (khaatin). It is also used to describe the site of the circumcision, as in the hadith, “When the two circumcised parts (al-khitaanaan) meet, ghusl become obligatory.” In the case of a female the word used is khafad. In the male it is also called i’dhaar. The one who is uncircumcised is called aghlaf or aqlaf.
Ibn Qayyim (died 1350, Hanbalite)
[FGM's] purpose is to reduce the woman's desire; if she is uncircumcised, she becomes lustful and tends to long more for men.
Ibn Taymiyya (1263 - 1328), Hanbalite)

Shia Islam

The attitudes of Shia Islam towards FGM are as not clear-cut as with the schools of Sunni Islam. It is known that FGM is practised by Zaydis in Yemen, Ibadis in Oman and at least by parts of the Ismailis (the Dawoodi Bohras in particular) in India. A survey by WADI conducted in the region of Kirkuk in Iraq found that 23% of Shia girls and women had undergone FGM[5].

Jafari

Ayatollah Khamenei, the leading scholar among contemporary jurists of Iran, says that FGM is permissible but not obligatory for women. He also states that if the husband wants his wife to be circumcised then it might be carried out if it isn’t harmful for her.
Ayatullah ali al hussaini ali Sistani form Iraq said in his fatwa in 2010 that FGM is not haram (prohibited). Later in 2014 he revised his fatwa and said that FGM is harmful for the female victims and it isn’t permissible or part of any Islamic injunction.
Boys must be circumcised when they become adult…. and it is preferable that women be circumcised even if they are adult.
Al-Amili (died 1559, shiite)
The circumcision of female slaves, if performed, is great honor and precious merit. If not, nothing bad in it.
Al-Tusi (died 1067, shiite)

Ismaili

FGM appears to be common amongst the Dawoodi Bohras[6] – an Ismaili sect found in India, Saudi Arabia, Pakistan, Yemen and East Africa. Their current spiritual leader has recommended FGM as being necessary for purity and to avoid sin.

Circumcision is obligatory for every Muslim…. If somebody refuses to submit to circumcision after being ordered to do, he should be killed if he exaggerates in delaying. Circumcision is not obligatory for women but they are ordered to submit to circumcision in honor of their husbands. Women are not obliged as circumcision for women is makrumah and for men it is sunnah, and some said it is faridah (obligation).
Al-Nazawi (died 1162, ibadite)

In 2017 two doctors and a third woman connected to the Dawoodi Bohra in Detroit, Michigan, were arrested on charges of conducting FGM on two seven-year-old girls in the United States. Their Attorney confirmed that FGM was, for her clients, a religious practice[7]:

They have a [right] to practice their religion. And they are Muslims and they’re being under attack for it. I believe that they are being persecuted because of their religious beliefs

Muʿtazila

Muʿtazila is a rationalist school of Islamic theology that flourished in the cities of Basra and Baghdad during the 8th to the 10th centuries. The Mu'tazila developed an Islamic type of rationalism, partly influenced by Ancient Greek philosophy.

A woman with clitoris has more pleasure than a woman without clitoris. The pleasure depends on the quantity which was cut from the clitoris. Muhammad said: “If you cut, cut the slightest part and do not exaggerate because it makes the face more beautiful and it is more pleasant for the husband”. It seems that Muhammad wanted to reduce the concupiscence of the women to moderate it. If concupiscence is reduced, the pleasure is also reduced as well as the love for the husbands. The love of the husband is an impediment against debauchery. Judge Janab Al-Khaskhash contends that he counted in one village the number of the women who were circumcised and those who were not, and he found that the circumcised were chaste and the majority of the debauched were uncircumcised. Indian, Byzantine and Persian women often commit adultery and run after men because their concupiscence towards men is greater. For this reason, India created brothels. This happened because of the massive presence of their clitorises and their hoots.
Al-Jahiz (Muʿtazila, died 868-9)

Modern Fatwas

The following is a selection of Fatwas, mainly extracts, from the 20th and 21st Century. They have been, as far as possible, arranged in chronological order. Note that many are secondary or even tertiary sources.

Favourable

“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.”
“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”
“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.”
“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.”
“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”
"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. ..."
“I personally support [FGM] under the current circumstances in the modern world. Anyone who thinks that circumcision is the best way to protect his daughters should do it [...] The moderate opinion is in favor of practicing circumcision to reduce temptation.”
Yusuf al-Qaradawi (born 1926) cited in ‘Modern Fatwas’ (1987)


"[Female] circumcision can lead to death? Well, riding the train can also lead to death. Flying in a plane can lead to death. Drinking water can lead to death. Eating eggplant can lead to death [...My mother, my sister, my daughter, and my wife [have all gone through this], and so have the mothers, sisters, and wives of those 'expert doctors,' and they did not die from it. According to our customs, and you are a village man like I am... Have we ever heard of a girl who died during circumcision? You are familiar with the village customs. They make a celebration out of i [...] Giving birth can lead to death, right? How many women have died during child birth? Many more than have died during [female] circumcision, by the way... So should women stop giving birth?" Egyptian Islamic Scholar Salama Abd Al-Qawi Defends FGM (2000)

“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”” Circumcision: how it is done and the rulings on it, Islamqa (2002)

“Medical research […] does not show that the Sunnah circumcision – cutting only the outer part of the clitoris – has caused any medical complications […] Islam condones the Sunnah circumcision; it is acceptable. What’s forbidden in Islam is the pharaonic circumcision [...] Islamic scholars believe that female circumcision is different from male circumcision. They have a strong view that female circumcision is allowed, and that there is no evidence from Islamic sources prohibiting female circumcision, unless it is pharaonic.” IRIN interview with Sheikh Omer, a Muslim religious leader, Ethiopia (2005)

"The Prophet said that circumcision is obligatory for men, and is noble for women. This noble act can be either carried out or not. Moreover, this noble act is subject to restrictions nowadays [...]Guys, all these things appear in Islamic law. Don't think we are making these things up. It all exists [in religious law] and is determined..." Al-Azhar Cleric Farahat Sa'id Al-Munji Justifies Female Circumcision (2007)

“[A]s far as Islam is concerned “we do observe circumcision not mutilation” Gambian imam: Prophet Muhammad spoke well of FGM (2007)

The [Muslim] Brotherhood […] opposes banning [FGM] because it is a tradition that should remain an option for medical reasons and “beautification” purposes.” Egypt’s child protection law sparks controversy the Christian Science Monitor (2008)

“[The Hadiths] require […] every woman be circumcised, failing which she will be impure and not even able to handle food. Why, moreover, wish to forbid female circumcision in a country made up of 90% Muslims?” Abou Ly (l’Association des imams et oulémas du Sénégal), quoted and translated from “Quand les «savants musulmans» justifient les mutilations génitales féminines” (2009)

"In May 2009, the Malaysian Fatwa Committee of the National Council on Islamic Religious Affairs (JAKIM) (which regulates Islamic religious affairs within the country) introduced a Fatwa declaring female circumcision to be obligatory (wajib) for all Muslim women in Malaysia." 'The 2009 Malaysian Female Circumcision Fatwa: State ownership of Islam and the current impasse' (2009)

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Muslim Brotherhood flyer promoting FGM (amongst other medical services)

“The second strategy of the [Muslim Brotherhood] to contest the undesirability of FGM is to present it as a medical operation or procedure. By doing so, they encourage people to go to doctors – rather than midwives – who will perform the “operation” under anaesthesia and in accordance with proper surgical procedures […] Some people talk about taking their daughters to the doctor to check whether “they need it or not”, as if there is a physiological condition that would justify mutilating a woman’s reproductive organs […] Some doctors believe that not circumcising females leads to sexual arousal and that this could lead to the committing unlawful acts. So circumcision is a duty for the protection of the honour of the believing woman and for the preservation of her chastity and purity […] The third strategy deployed by the Brothers to promote FGM is to push for its decriminalization, under the premise that it is a matter that should be left to the personal choice of the girls’ guardians […] “the decision is up to the guardian and the doctor who decides on the extent to which the girl needs this operation”" Mutilating bodies: the Muslim Brotherhood’s gift to Egyptian women (2012)

“The Indonesian Council of Ulema (MUI) is in favour of female circumcision (and men) that, although it can not be considered mandatory, it is still “morally recommended.” Kiai Hajj Amin Ma’ruf [the head of the council], pointed out that it is an “advisable practise on moral grounds”, at the same time, he rejects any attempt to declare this practice illegal or contrary to the principles. It comes under the sphere of “human rights,” said the Islamist leader, and is “guaranteed by the Constitution.”” Indonesian Ulema in favour of female circumcision: a “human right” (2013)

“In the Maldives […circumcision] is the ‘symbol that differentiates Muslims from non-Muslims [...] All four schools of Sunni jurisprudence however regard it as either ‘obligatory’ or ‘preferable [...FGM] is one of the five things that are part of fitrah, or nature, says the fatwa by Dr. Mohamed Iyaz Abdul Latheef, Vice President of the Fiqh Academy of the Maldives [...] the fatwa points to the increasing influence of Saudi Arabia. The cleric uses the Saudi Arabian Fatwa Committee’s concern over the decline of female circumcision in Muslim countries as a stamp of approval for the practice for all Muslims” cited in Cleric calls for FGM on Islamic grounds (2014)

“For protecting our Islamic nation in Iraq and Syria, our land, and our people, we need to look after our women and their behavior while preventing them from the dreadful modern life they are surrounded with.“ ISIS fatwa – reported: FGM in Iraq: The hoax of a hoax? (2014)

“An Islamic cleric from Russia’s North Caucasus has called for all Russian women to undergo female genital mutilation […] Ismail Berdiev, a member of the Presidential Council for Cooperation with Religious Communities, said that FGM was needed to combat “sexual immorality […] All women must be cut, so that there will be no depravity on Earth.” Russian Muslim Cleric Calls for Genital Mutilation of All Women (2016)

"[Circumcision is] a sunna for the boys, and the honorable thing to do - if needed - for the girls. This is something that a Muslim gynecologist can tell you if you need to or not. The Prophet... There used to be a lady who used to do this for women, or, I mean, young girls. She is expected to cut only the tip of the sexual sensitive part in the girl, so that she is not hypersexually active. This is the purpose." Virginia Imam Shaker Elsayed Endorses Female Circumcision (FGM) (2017)

"The discussion about female circumcision goes back to the past century. The first time that this subject was debated extensively was in the past century. Who were the first to talk about it? The Jews. They do not want Islam or the Muslims to be pure, developed, and civilized, so they started talking about it [...]In The Protocols of the Elders of Zion it is written: 'We must strive for the collapse of morals, so that it will be easier for us to dominate the world.'[...] Female circumcision is a preventive medical measure. Someone who is uncircumcised will be afflicted with many serious diseases{...]" Egyptian Cleric: Female Circumcision Has Economic Benefits; Jews Fight It in Keeping with Protocols of the Elders of Zion (2017)

“On Feb. 6, Somaliland announced a new fatwa, or religious edict, banning two of the three types of female cutting […] According to the organizations, the ruling made a certain type of FGM/C “mandatory” for every girl in Somaliland and at the same time banning the most extreme forms.” Aid agencies decry decision to encourage FGM in Somaliland (2018)

“[The Islamic Central Council of Switzerland’s] Secretary-General Ferah Uluca said that while the paper justifies the practice, it does not call on Muslims to perform it as a duty. Uluca said it is up to each parent to decide” Islamic Central Council of Switzerland justifies female genital mutilation (2018)

“Circumcision is prescribed for both males and females. The correct view is that […] circumcision of women is mustahabb [‘virtuous‘] but not obligatory […] Female circumcision has not been prescribed for no reason, rather there is wisdom behind it and it brings many benefits. Mentioning some of these benefits, Dr. Haamid al-Ghawaabi says […]” Medical benefits of female circumcision – islamqa (2018)

“Circumcision is not an inherited custom as some people claim, rather it is prescribed in Islam and the scholars are unanimously agreed that it is prescribed. Not a single Muslim scholar – as far as we know – has said that circumcision is not prescribed. Their evidence is to be found in the saheeh ahaadeeth of the Prophet, which prove that it is prescribed [...] With regard to the criticism of circumcision by some doctors, and their claim that it is harmful both physically and psychologically, This criticism of theirs is not valid. It is sufficient for us Muslims that something be proven to be from the Prophet [...], then we will follow it, and we are certain that it is beneficial and not harmful. If it were harmful, Allaah and His Messenger [...] would not have prescribed it for us [...] 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 […] medical theories about disease and the way to treat it are not fixed, rather they change with time and with ongoing research. So it is not correct to rely on them when criticizing circumcision which the Wise and All-Knowing Lawgiver has decreed in His wisdom for mankind. Experience has taught us that the wisdom behind some rulings and Sunnahs may be hidden from us. May Allaah help us all to follow the right path.”." Circumcision of girls and some doctors’ criticism thereof – islamqa (2018)

“[Dr Ali Selim, a spokesman for the Islamic Cultural Centre of Ireland in Clonskeagh], who is also a lecturer at Trinity College in Dublin […] argued that female circumcision was unfairly framed as a “dark-skin practice” and “barbaric,” insinuating that criticism is racist or prejudiced.” Irish Muslim Leader Backs Female Genital Mutilation (2018)

(date unknown) "The calls which urge the banning of female circumcision are call [sic] that go against Islam, because there is no clear text in the Qur’aan or Sunnah and there is no opinion of the fuqaha’ that says that female circumcision is haraam. Female circumcision is either obligatory or recommended [...] The words of the doctors and others are not definitive. Scientific discoveries are still opening doors every day which change our old perceptions." Fatwa of Shaykh ‘Atiyah Saqar – the former head of the Fatwa Committee in al-Azhar

(date unknown) “Some (e.g. the late Rector of Al-Azhar University, Sheikh Gad Al-Haque) argued that since [Mohammed] did not ban female circumcision, it falls within the category of the permissble. As such, there is no ground for a total ban on it.” Is Female Circumcision Required

(date unknown, but citation from modern film footage) “I don’t know why a German, British or American entity (thinks it can) come to us to decide for us the circumcision of our daughters! Why should they decide on matters of our girls and women? We base our religion on Allah’s book and the sayings of our beloved prophet and our scholars [...] Look at any of the books of fiqh from our imams, respected leaders, and scholars–ask them. You will find that our scholars have said that circumcision of women–there are some who say that it is obligatory while others say that it is commendable [...] this does not mean that I am subjecting the religion to inspection from a doctor. No, my brothers, this does not mean that I subject evidence from the shari'a to review from a doctor!”” Muhammad Hassan Female Circumcision (see video below)

Critical

Some contemporary scholars have criticised and condemned FGM. However, because nothing that Muhammad allowed can be prohibited, it is not licit to forbid FGM. Therefore fatwas critical of FGM generally stop well short of forbidding it. The following are extracts from fatwas critical of FGM, classified in such a way as to illustrate the range of arguments made for FGM being un-Islamic.

FGM is not required by Islam

“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.” Dr Ahmed Talib, Dean of the Faculty of Sharia at Al-Azhar University

“In response to a question of the author of the book Razor and Tradition, which discusses Female Genital Mutilation, [Khamenei] noted that female circumcision is permissible but not obligatory (2011)” Fatwa of the Supreme Leader of Iran, Ayatollah Khamenei

FGM existed before Islam

While the exact origin of female circumcision is not known, it preceded Christianity and Islam.” Is Female Circumcision Required

There is no FGM in the Qur'an

“The practice is not mentioned in the Quran” A Fatwa on FGM Could be Part of the Solution – Kurdistan 2010

The Qur'an forbids mutilation

Allah Almighty prohibits in the Holy Quran to cut a body part of human beings without any reason because a human being is the most beloved creature to the omnipotent Allah, and is the creature in whose beautiful creation the Almighty takes pride in.” Islam And Female Genital Mutilation, Pakistan, 2016

“The traditional form of excision is a practice totally banned by Islam because of the compelling evidence of the extensive damage it causes to women’s bodies and minds,” Egyptian Clerics Say Female Circumcision Un-Islamic, 2007

God gave people dignity. In the Qur’an God says: “We have dignified the sons of Adam”. Therefore, God forbids any harm coming to man, irrespective of social status and gender.” Professor Ali Gom’a, Grand Mufti of Egypt, 2006

There is no record of Muhammad having his wives or daughters 'circumcised'

[Mohammed] had four daughters and we have no strong sources to prove if even one of them was circumcised” Islam And Female Genital Mutilation, Pakistan, 2016

The FGM hadith are weak

In a Hadith it is mentioned:”Circumcision is Sunnah for men and an honorable thing for women.” Due to the weakness of this hadith and other hadiths that refer to female circumcision with some of their narrators being known for deceptiveness and others whose narrations carry no weight scholars of Islamic Law have differed widely regarding its legal ruling.” does female circumcision have its place in Islaam, 2006

Islam should adapt to contemporary mores

“Today, female genital mutilation is not common among Shiites but the usage narrative show that it does not hurt if it can be done with its conditions, including compliance with health issues. But because the social norms have changed today, this action would not be acceptable like many other topics which their sentences were changed due to circumstances and facts.” The point of view of the Supreme Leader of the Islamic Republic of Iran on Female Genital Mutilation, 2014

Muhammad wanted to forbid FGM but couldn't

“Islam did not forbid [FGM] at that time because it was not possible to suddenly forbid a ritual with strong roots in Arabic culture; rather it preferred to gradually express its negative opinions. This is how Islam treated slavery as well, (gradual preparation of the society for the final forbiddance of slavery).” Sayyad Mohammed Hussein Fadlallah, Grand Sheikh of Lebanon

See Also

Female Genital Mutilation in Islam

Qur'an, Hadith and Scholars: Female Genital Mutilation

References