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https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&oldid=130773<nowiki/>{{QualityScore|Lead=1|Structure=2|Content=2|Language=4|References=2}} | https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&oldid=130773<nowiki/>{{QualityScore|Lead=1|Structure=2|Content=2|Language=4|References=2}} | ||
== Female Genital Mutilation in Islamic Law == | |||
'''Female Genital Mutilation''' (Arabic: ختان المرأة) is the practice of cutting away and altering the external female genitalia for ritual or religious purposes. Those who practice FGM refer to it as 'Female Circumcision'. Female Genital Mutilation (FGM) generally consists one or both of the following procedures: '''Clitoridectomy:''' the amputation of part or all of the clitoris, or the removal of the clitoral prepuce; '''Excision:''' and the cutting away of either or both the inner or outer labia. A third procedure, '''Infibulation''', involves the paring away of the outer labia, whose cut edges are stitched together to form, once healed, a seal that covers both the openings of the vagina and the urethra. Infibulation usually also involves clitoridectomy. Those who engage in FGM consider its primary purpose to be the safeguarding of the purity, virtue and reputation of girls and women. | '''Female Genital Mutilation''' (Arabic: ختان المرأة) is the practice of cutting away and altering the external female genitalia for ritual or religious purposes. Those who practice FGM refer to it as 'Female Circumcision'. Female Genital Mutilation (FGM) generally consists one or both of the following procedures: '''Clitoridectomy:''' the amputation of part or all of the clitoris, or the removal of the clitoral prepuce; '''Excision:''' and the cutting away of either or both the inner or outer labia. A third procedure, '''Infibulation''', involves the paring away of the outer labia, whose cut edges are stitched together to form, once healed, a seal that covers both the openings of the vagina and the urethra. Infibulation usually also involves clitoridectomy. Those who engage in FGM consider its primary purpose to be the safeguarding of the purity, virtue and reputation of girls and women. | ||
FGM is a practice associated with Islam: about 80% of FGM is attributable to Muslims.<ref>https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/</ref> Most of the remaining 20% is attributable to non-Muslims living in FGM-practicing Islamic societies (e.g. the Egyptian Copts<ref>https://copticliterature.wordpress.com/2014/03/12/prevalence-of-and-support-for-female-genital-mutilation-within-the-copts-of-egypt-unicef-report-2013/</ref>), or to non-Isamic societies that have been hubs of the Islamic slave trade (e.g. Ethiopia and Eritrea). | FGM is a practice associated with Islam: about 80% of FGM is attributable to Muslims.<ref>https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/</ref> Most of the remaining 20% is attributable to non-Muslims living in FGM-practicing Islamic societies (e.g. the Egyptian Copts<ref>https://copticliterature.wordpress.com/2014/03/12/prevalence-of-and-support-for-female-genital-mutilation-within-the-copts-of-egypt-unicef-report-2013/</ref>), or to non-Isamic societies that have been hubs of the Islamic slave trade (e.g. Ethiopia and Eritrea). | ||
The disposition of '''Islamic law''' towards FGM is determined by its status in the Qur'an and the Sunnah ( | The disposition of '''Islamic law''' towards FGM is determined by its status in the Qur'an and the Sunnah (which consists of the hadith and the [[Sirat Rasul Allah|Sira]]<nowiki/>t), and on how that status is interpreted by Islamic jurists and scholars ([[Fiqh (Islamic Jurisprudence)|fiqh]]). Shariah derives directly from the [[Qur'an]] and the [[Sunnah]] (which consists of the [[Hadith]] and [[Sira|Sira)]]. Shariah has the status of divine revelation, and is unchanging and unchangeable. Fiqh is the process whereby Islamic jurists and scholars make the divine principles of Shariah applicable to human beings in the form of laws, beliefs and observances. | ||
Different schools of Islam... | |||
There exist numerous fatwas supporting and commanding the practice. However, over the past half century there has been a growing unease in the Islamic world concerning the practice. The earliest fatwa that is clearly critical of FGM appears to have been issued in 1984.<ref>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 199, International Symposium on Sexual Mutiliations 1996]</ref> | There exist numerous fatwas supporting and commanding the practice. However, over the past half century there has been a growing unease in the Islamic world concerning the practice. The earliest fatwa that is clearly critical of FGM appears to have been issued in 1984.<ref>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 199, International Symposium on Sexual Mutiliations 1996]</ref> | ||
In addition to Islamic law that ''explicitly'' addresses FGM, Islamic law can also create social conditions favourable to FGM, that make the practice useful or even necessary. [[Polygamy in Islamic Law|Polygyny]] (the marriage of a man to several women) is permitted in Islam and creates sexually violent societies in which girls and women are at a heightened risk. In response to this risk polygynous societies develop practices which safeguard the 'purity', chastity and reputation of its girls and women. FGM is such a practice, as are child marriage, gender segregation, arranged marriages, chaperoning, veiling, 'honour' culture, brideprice ([[Mahr (Marital Price)|mahr]]) and footbinding. Islam's attitudes towards slavery, especially sex slavery, appears to also have a significant role in the nature, incidence and distribution of FGM. | |||
In addition to Islamic law that ''explicitly'' addresses FGM, Islamic law can also create social conditions favourable to FGM, that make the practice useful or even necessary. [[Polygamy in Islamic Law|Polygyny]] (the marriage of a man to several women) is permitted in Islam and creates sexually violent societies in which girls and women are at a heightened risk. In response to this risk polygynous societies develop practices which safeguard the 'purity', chastity and reputation of its girls and women. FGM is such a practice, as are child marriage, gender segregation, arranged marriages, chaperoning, veiling, 'honour' culture, brideprice ([[Mahr (Marital Price)|mahr]]) and footbinding. Islam's attitudes towards slavery, especially sex slavery, appears to also have a significant role in the nature, incidence and distribution of FGM. | |||
==FGM in the Hadith== | ==FGM in the Hadith== | ||
FGM is mentioned (at least) [[Qur'an, Hadith and Scholars:Female Genital Mutilation|seven times in the Hadith]]. Four | FGM is mentioned (at least) [[Qur'an, Hadith and Scholars:Female Genital Mutilation|seven times in the Hadith]]. Four report Muhammad approving of FGM and two report [[Sahabah]] (Muhammad's companions) participating in FGM. These have less doctrinal authority than the hadith featuring Muhammad. The remaining, seventh, hadith has little import doctrinally, but is of linguistic, historical and sociological interest. | ||
===Hadith: Muhammad and FGM=== | ===Hadith: Muhammad and FGM=== | ||
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====One Who Circumcises Other Ladies==== | ====One Who Circumcises Other Ladies==== | ||
{{Quote|Bukhari 64:17|“[…] 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 other ladies!''' Do you challenge Allah and His Apostle?’ […]”}} | This hadith includes an exchange of insults between Meccan warriors and Muhammad's companions prior to the [[Battle of Uhud|battle of Uhud]]. {{Quote|Bukhari 64:17|“[…] 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 other ladies!''' Do you challenge Allah and His Apostle?’ […]”}} | ||
====In Bukhari's al-Adab al-Mufrad==== | ====In Bukhari's al-Adab al-Mufrad==== | ||
The following two hadiths come from Al-Adab Al-Mufrad. This is a collection of hadith about the manners of Muhammad and his companions, compiled by the Islamic scholar al-Bukhari. It contains 1,322 hadiths, most of which focus on Muhammad's companions rather than Muhammad himself. Al-Bukhari's evaluation of the hadiths within ''al-Adab al-Mufrad'' was not as rigorous as for his best-known collection - ''[[Sahih Bukhari]]''. However, scholars have ruled most of the hadith in the collection as being ''sahih'' (authentic) or ''hasan'' (sound). | The following two hadiths come from Al-Adab Al-Mufrad. This is a collection of hadith about the manners of Muhammad and his companions, compiled by the Islamic scholar al-Bukhari. It contains 1,322 hadiths, most of which focus on Muhammad's companions rather than Muhammad himself. Al-Bukhari's evaluation of the hadiths within ''al-Adab al-Mufrad'' was not as rigorous as for his best-known collection - ''[[Sahih Bukhari]]''. However, scholars have ruled most of the hadith in the collection as being ''sahih'' (authentic) or ''hasan'' (sound). | ||
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However, the following Quranic verse requires Muslims to ''<nowiki/>'adhere to the fitrah'''. The word appears only this once in the Qur'an, and is left undefined and unexplained. | However, the following Quranic verse requires Muslims to ''<nowiki/>'adhere to the fitrah'''. The word appears only this once in the Qur'an, and is left undefined and unexplained. | ||
{{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.}} | {{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.}}To know what fitrah means, traditional scholars turn to the hadith which make use of the word. The hadith which offers the clearest explanation is the one mentioned above ('The fitrah is five things, including circumcision') and it uses the Arabic word khitan for 'circumcision'. Two 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. The three hadith ('The fitrah is five things, including circumcision', '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. | ||
Therefore, in the hadith the word '<nowiki/>''khitan''' can refer to FGM or Male Circumcision, or to both. | Therefore, in the hadith the word '<nowiki/>''khitan''' can refer to FGM or Male Circumcision, or to both. | ||