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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: the amputation of part or all of the clitoris, or the removal of the clitoral prepuce (Clitoridectomy) and the cutting away of either or both the inner or outer labia (Excision). 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.[1] Most of the remaining 20% is attributable to non-Muslims living in FGM-practicing Islamic societies (e.g. the Egyptian Copts[2]), 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 (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 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.[3]

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.[4]

FGM in the Hadith

FGM is mentioned (at least) seven times in the Hadith. Four hadith report Muhammad approving of FGM and 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.

Hadith: Muhammad and FGM

The fitrah is five things, including circumcision

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. Hence, the following hadith is applicable for both men and women.

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, shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”
Bukhari 5891; Muslim 527

A preservation of honor for women

Abu al- Malih ibn `Usama's father relates that the Prophet said: "Circumcision 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"

Note that the judgement concerning what is severe is relative.

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.

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 parts touch each other a bath becomes obligatory.

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

Other Evidence in the Hadith

The following three hadith touch on FGM. Because they do not involve Muhammad they have less doctrinal authority than the hadith in the previous section.

One Who Circumcises Other Ladies

“[…] 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?’ […]”
Bukhari 64:17

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).

Someone to Amuse Them
“Umm ‘Alqama related that when the daughters of ‘A’isha’s brother were circumcised, ‘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!'””
Al-Adab Al-Mufrad 53:1247
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 them and purify them.'"
Al-Adab Al-Mufrad 53:1245

The Qur'an and FGM

There is no explicit reference to Female Genital Mutilation in the Qur'an.

However, the following Quranic verse requires Muslims to 'adhere to the fitrah'. The word appears only this once in the Qur'an, and is left undefined and unexplained.

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 'khitan' can refer to FGM or Male Circumcision, or to both.

Thus, according to traditional interpretive methodology, by requiring one to 'adhere to the fitrah' the Qur'an indirectly advocates FGM.

In Islamic law

Female genital mutilation (FGM) is obligatory in the Shafi'i madhab[5] 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.

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 badhar [qat' al-badhar, badhar or بَظْرٌ either means the clitoris or the prepuce of the clitoris; Lane says that the precise usage was confused at some point in history[6]] (and this is called khufad))
Reliance of the Traveler [Umdat al-Salik], Section e4.3 on Circumcision

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)."[7]

See Also

References