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Female Genital Mutilation in Islamic Law: Difference between revisions
Female Genital Mutilation in Islamic Law (view source)
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{{QualityScore|Lead=1|Structure=2|Content=2|Language=4|References=2}} | {{QualityScore|Lead=1|Structure=2|Content=2|Language=4|References=2}}'''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 ablation 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<ref>https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/</ref>. Most of the remaining 20% FGM is attributable to non-Muslims assimilated into Muslim-dominated societies and communities<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>. 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|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) [[Qur'an, Hadith and Scholars:Female Genital Mutilation|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== | ==In Islamic law== | ||
Female genital mutilation (FGM) is obligatory in the Shafi'i madhab<ref>[https://www.answering-islam.org/Sharia/fem_circumcision.html Section on FGM in the standard manual of Shafi'i law]</ref> 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.{{Quote|''Reliance of the Traveler'' [''Umdat al-Salik''], Section e4.3 on Circumcision|'''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<ref>[http://lexicon.quranic-research.net/data/02_b/137_bZr.html Lane's Lexicon بَظْرٌ]</ref>]''' (and this is called ''khufad''))}}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 ({{Muslim|3|684|}}), prescribing circumcision in general without specifying the requirements thereof per gender ({{Bukhari|7|72|777|}}), and commenting generically on its implementation ({{Abu Dawud|41|5251|}}). No where is Muhammad recorded prohibiting the practice. | Female genital mutilation (FGM) is obligatory in the Shafi'i madhab<ref>[https://www.answering-islam.org/Sharia/fem_circumcision.html Section on FGM in the standard manual of Shafi'i law]</ref> 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.{{Quote|''Reliance of the Traveler'' [''Umdat al-Salik''], Section e4.3 on Circumcision|'''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<ref>[http://lexicon.quranic-research.net/data/02_b/137_bZr.html Lane's Lexicon بَظْرٌ]</ref>]''' (and this is called ''khufad''))}}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 ({{Muslim|3|684|}}), prescribing circumcision in general without specifying the requirements thereof per gender ({{Bukhari|7|72|777|}}), and commenting generically on its implementation ({{Abu Dawud|41|5251|}}). No where is Muhammad recorded prohibiting the practice. | ||