User:Flynnjed/Sandbox3: Difference between revisions
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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. | 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. | ||
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<u>'''FGM is not required by Islam'''</u>{{Quote-text|1=[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]|2=“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.”}}{{Quote-text|[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, (2011)]| | <u>'''FGM is not required by Islam'''</u>{{Quote-text|1=[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, (2005)]|2=“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.”}}{{Quote-text|[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, (2011)]|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" | ||
[...] | |||
"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 question is asked to Ayatollah Khamenei: | |||
What is the wife`s duty to her husband`s request to circumcise herself? | |||
The answer is: | |||
“Although implementation of husband’s order is obligatory for the wife if it does not have disadvantages or it is not harmful for the wife, she has to listen to her husband’s request.”}}<u>'''FGM existed before Islam'''</u>{{Quote-text|[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/ Is Female Circumcision Required]|“While the exact origin of female circumcision is not known, it preceded Christianity and Islam.”}}<u>'''There is no FGM in the Qur'an'''</u>{{Quote-text|[http://archive.today/2021.04.09-062048/https://www.hrw.org/news/2010/09/18/fatwa-fgm-could-be-part-solution%23 A Fatwa on FGM Could be Part of the Solution – Kurdistan (2010)]|“The practice is not mentioned in the Quran”}}<u>'''The Qur'an forbids mutilation'''</u>{{Quote-text|1=[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)]|2=“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.”}}{{Quote-text|[http://archive.today/2012.09.06-214426/http://www.medindia.net/news/Egyptian-Clerics-Say-Female-Circumcision-UnIslamic-23055-1.htm Egyptian Clerics Say Female Circumcision Un-Islamic, (2007)]|“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”}}{{Quote-text|[http://archive.today/2021.04.09-045325/https://courtingthelaw.com/2016/04/28/commentary/islam-and-female-genital-mutilation-fgm/ Islam And Female Genital Mutilation, Pakistan, (2016)]|“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.”}}{{Quote-text|[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)]|"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."}}<u>'''There is no record of Muhammad having his wives or daughters 'circumcised'<nowiki/>'''</u>{{Quote-text|[http://archive.today/2021.04.09-045325/https://courtingthelaw.com/2016/04/28/commentary/islam-and-female-genital-mutilation-fgm/ Islam And Female Genital Mutilation, Pakistan, (2016)]|“[Mohammed] had four daughters and we have no strong sources to prove if even one of them was circumcised” }}<u>'''The FGM hadith are weak'''</u>{{Quote-text|[http://archive.today/2021.04.09-070627/http://www.muftisays.com/qa/women/1884-does--female-circumcision-have-its-place-in-islaam/ does female circumcision have its place in Islaam, (2006)]|“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.”}}<u>'''Islam should adapt to contemporary mores'''</u>{{Quote-text|[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/ The point of view of the Supreme Leader of the Islamic Republic of Iran on Female Genital Mutilation, 2014]|“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.”}}<u>'''Muhammad wanted to forbid FGM but couldn't'''</u>{{Quote-text|[http://archive.today/2021.04.09-071514/http://www.stopfgmmideast.org/fatwas-against-fgm/ Sayyad Mohammed Hussein Fadlallah, Grand Sheikh of Lebanon]|“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).}} | |||
==See Also== | ==See Also== |
Revision as of 12:29, 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
[...]
"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 question is asked to Ayatollah Khamenei:
What is the wife`s duty to her husband`s request to circumcise herself?
The answer is:
“Although implementation of husband’s order is obligatory for the wife if it does not have disadvantages or it is not harmful for the wife, she has to listen to her husband’s request.”FGM existed before Islam
There is no FGM in the Qur'an
The Qur'an forbids mutilation
There is no record of Muhammad having his wives or daughters 'circumcised'
The FGM hadith are weak
Islam should adapt to contemporary mores
Muhammad wanted to forbid FGM but couldn't
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