User:Flynnjed/Sandbox3: Difference between revisions
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|"[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."}}{{Quote-text|[https://www.memri.org/tv/egyptian-cleric-supports-fgm-cites-protocols-elders-zion Egyptian Cleric: Female Circumcision Has Economic Benefits; Jews Fight It in Keeping with Protocols of the Elders of Zion, (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{...]"}}{{Quote-text|[http://archive.today/2018.02.24-233628/http://www.xinhuanet.com/english/2018-02/25/c_136997419.htm Aid agencies decry decision to encourage FGM in Somaliland, (2018)]|“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.”}}{{Quote-text|[http://archive.today/2021.04.09-055740/https://www.breitbart.com/europe/2018/02/24/swiss-islamic-council-justifies-female-genital-mutilation/ Islamic Central Council of Switzerland justifies female genital mutilation, (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”}}{{Quote-text|[http://archive.today/2019.04.19-094428/https://islamqa.info/en/answers/45528/medical-benefits-of-female-circumcision Medical benefits of female circumcision] – islamqa (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 […]”}}{{Quote-text|[http://archive.today/2016.02.09-070313/https://islamqa.info/en/60314 Circumcision of girls and some doctors’ criticism thereof] – 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.”}}{{Quote-text|[http://archive.today/2021.04.09-060553/https://www.breitbart.com/europe/2018/02/11/irish-muslim-leader-backs-female-genital-mutilation/ Irish Muslim Leader Backs Female Genital Mutilation, (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.”}}{{Quote-text|[http://archive.today/2021.04.09-051709/https://tteonb.wordpress.com/2015/06/30/fgm-female-genital-mutilation-islam/ Fatwa of Shaykh ‘Atiyah Saqar – the former head of the Fatwa Committee in al-Azhar, (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." }}{{Quote-text|[http://archive.today/2021.04.09-060916/http://www.jannah.org/genderequity/equityappendix.html Is Female Circumcision Required, (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.” }}{{Quote-text|Muhammad Hassan Female Circumcision (date unknown, but citation from modern film footage - see video below)|“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!”}} <center><youtube>4gloOIDTrkA</youtube></center> | |"[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."}}{{Quote-text|[https://www.memri.org/tv/egyptian-cleric-supports-fgm-cites-protocols-elders-zion Egyptian Cleric: Female Circumcision Has Economic Benefits; Jews Fight It in Keeping with Protocols of the Elders of Zion, (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{...]"}}{{Quote-text|[http://archive.today/2018.02.24-233628/http://www.xinhuanet.com/english/2018-02/25/c_136997419.htm Aid agencies decry decision to encourage FGM in Somaliland, (2018)]|“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.”}}{{Quote-text|[http://archive.today/2021.04.09-055740/https://www.breitbart.com/europe/2018/02/24/swiss-islamic-council-justifies-female-genital-mutilation/ Islamic Central Council of Switzerland justifies female genital mutilation, (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”}}{{Quote-text|[http://archive.today/2019.04.19-094428/https://islamqa.info/en/answers/45528/medical-benefits-of-female-circumcision Medical benefits of female circumcision] – islamqa (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 […]”}}{{Quote-text|[http://archive.today/2016.02.09-070313/https://islamqa.info/en/60314 Circumcision of girls and some doctors’ criticism thereof] – 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.”}}{{Quote-text|[http://archive.today/2021.04.09-060553/https://www.breitbart.com/europe/2018/02/11/irish-muslim-leader-backs-female-genital-mutilation/ Irish Muslim Leader Backs Female Genital Mutilation, (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.”}}{{Quote-text|[http://archive.today/2021.04.09-051709/https://tteonb.wordpress.com/2015/06/30/fgm-female-genital-mutilation-islam/ Fatwa of Shaykh ‘Atiyah Saqar – the former head of the Fatwa Committee in al-Azhar, (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." }}{{Quote-text|[http://archive.today/2021.04.09-060916/http://www.jannah.org/genderequity/equityappendix.html Is Female Circumcision Required, (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.” }}{{Quote-text|Muhammad Hassan Female Circumcision (date unknown, but citation from modern film footage - see video below)|“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!”}} <center><youtube>4gloOIDTrkA</youtube></center> | ||
===Critical=== | ===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. <!-- insert link to debunking section when 'FGM in Islam' page is completed --> | 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. <!-- insert link to debunking section when 'FGM in Islam' page is completed --> | ||
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<u>'''FGM is not required by Islam'''</u> | <u>'''FGM is not required by Islam'''</u> | ||
{{ | {{Quote-text|[http://archive.today/2021.04.09-061324/https://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=77396%23 Dr Ahmed Talib, Dean of the Faculty of Sharia at Al-Azhar University]|“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.”}} | ||
'' | |||
''“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)”'' [http://archive.today/2015.01.20-032048/http://www.stopfgmmideast.org/the-point-of-view-of-the-supreme-leader-of-the-islamic-republic-of-iran-on-female-genital-mutilation/ Fatwa of the Supreme Leader of Iran, Ayatollah Khamenei] | ''“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)”'' [http://archive.today/2015.01.20-032048/http://www.stopfgmmideast.org/the-point-of-view-of-the-supreme-leader-of-the-islamic-republic-of-iran-on-female-genital-mutilation/ Fatwa of the Supreme Leader of Iran, Ayatollah Khamenei] | ||
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“''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.”'' [http://archive.today/2021.04.09-070320/https://w3i.target-nehberg.de/HP-08_fatwa/index.php?p=fatwaAzhar Professor Ali Gom’a, Grand Mufti of Egypt, 2006] | “''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.”'' [http://archive.today/2021.04.09-070320/https://w3i.target-nehberg.de/HP-08_fatwa/index.php?p=fatwaAzhar Professor Ali Gom’a, Grand Mufti of Egypt, 2006] | ||
"The Muftiate of Daghestan, the traditional Islamic religious authority of the region, has condemned the practice of female genital mutilation as contrary to the laws of Islam. Zaynulla Atayev, the head of the Muftiate’s fatwa department, told independent outlet ''ROMB'' that Islam categorically prohibits any excision of vital organs without a competent medical opinion." [https://oc-media.org/muftiate-of-daghestan-promises-religious-ban-on-female-genital-mutilation/ Muftiate of Daghestan promises religious ban on female genital mutilation], (2020) | |||
<u>'''There is no record of Muhammad having his wives or daughters 'circumcised''''</u> | <u>'''There is no record of Muhammad having his wives or daughters 'circumcised''''</u> |
Revision as of 09:51, 13 April 2021
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
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
Do not cut severely
When the circumcised parts touch each other
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.
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
Go and Circumcise 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'.
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.
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
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:
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.
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.
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.
'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.
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.
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
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.
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]:
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.
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
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
“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
"The Muftiate of Daghestan, the traditional Islamic religious authority of the region, has condemned the practice of female genital mutilation as contrary to the laws of Islam. Zaynulla Atayev, the head of the Muftiate’s fatwa department, told independent outlet ROMB that Islam categorically prohibits any excision of vital organs without a competent medical opinion." Muftiate of Daghestan promises religious ban on female genital mutilation, (2020)
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
- ↑ ''Ending Footbinding and Infibulation: A Convention Account' - Gerry Mackie (1996)
- ↑ p54 "Sexual Mutilations: A Human Tragedy" By International Symposium On Sexual Mutiliations 1996
- ↑ Reliance Of The traveller (عمدة السالك وعدة الناسك) By Ahmad Ibn Naqib Al Misri English Arabic
- ↑ بعث | Lane's Lexicon, page 222
- ↑ Female Genital Mutilation in Iraq (April 13, 2012)
- ↑ Reminder to government: New study confirms widespread female genital cutting among Bohra Muslims
- ↑ Prosecutor: 'Brutal' genital mutilation won't be tolerated in US