Female Genital Mutilation in Islamic Law

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Female Genital Mutilation (FGM) generally involves one, or a combination of, the following interventions:

• clitoridectomy - the partial or complete amputation of the clitoris, or of the clitoral prepuce;
• excision - the partial or complete removal of the labia;
• infibulation - the stitching together opposing outer labia in order to seal over the openings of the vagina and urethra.

About 80% of FGM is attributable to Muslims^[1]. Most of the remaining 20% FGM is attributable to non-Muslims assimilated into Muslim-dominated societies and communities^[2]. The nature and extent of FGM varies from country to country, and community to community. The mean age at which girls are subject to FGM is seven, though some communities subject new-born girls to it, and other communities perform FGM nearer puberty. It is generally performed without anaesthetic in non-sterile conditions.

The disposition of Islamic law towards FGM is determined by its status in the Qur'an and the Sunnah (Sharia), and on how that status is interpreted by Islamic jurists and scholars (fiqh). Shariah derives directly from the Qur'an and the Sunnah (which consists of the Hadith and Sira). Shariah has the status of divine revelation, and is unchanging and unchangeable. Fiqh is Islamic jurisprudence - the process whereby Islamic jurists and scholars translate Shariah into rules, rituals, beliefs and observances that are applicable to human beings and their society.

FGM is mentioned (at least) seven times in the Hadith. Four hadith report Muhammad approving of FGM. Two other hadith report Sahabah (Muhammad's companions) openly participating in FGM. These have less doctrinal authority than the hadith featuring Muhammad. The remaining, seventh, hadith mentions FGM, but neither approves or disapproves of it.

There is no explicit mention of FGM in the Qur'an. However, a hadith in which Muhammad approves of FGM explains and supports a Quranic verse, and is therefore specially authoritative.

In Islamic law

Female genital mutilation (FGM) is obligatory in the Shafi'i madhab^[3] and encouraged by the remaining three madhabs, namely the Hanafi, Hanbali, and Maliki. Salafi scholars also encourage the practice. In universally conceiving of FGM as being either an obligatory or favorable practice, the schools of Islamic law agree that prohibiting FGM altogether would not be acceptable, as this would be tantamount to contravening God's laws and preferences. Views on the specific type of FGM required or permitted vary within and between the madhhabs. Some prominent modern Islamic scholars have dissented from the otherwise favorable consensus of the Islamic tradition and ruled it to be unlawful.

The Islamic legal tradition, while differing on its implementation, embraced FGM wholeheartedly, and, In the hadith literature, Muhammad is recorded as: tacitly approving of the practice (Sahih Muslim 3:684), prescribing circumcision in general without specifying the requirements thereof per gender (Sahih Bukhari 7:72:777), and commenting generically on its implementation (Sunan Abu Dawud 41:5251). No where is Muhammad recorded prohibiting the practice.

In the modern Islamic world

In 2012, the Muslim Brotherhood worked to decriminalize FGM. According to Mariz Tadros (a reporter),"the Muslim Brotherhood have offered to circumcise women for a nominal fee as part of their community services, a move that threatens to reverse decades of local struggle against the harmful practice [...] Many of the Brothers (and Salafis) argue that while it is not mandatory, it is nevertheless mukarama  (preferable, pleasing in the eyes of God)."^[5]

See Also

• Qur'an, Hadith and Scholars:Female Genital Mutilation

References