Female Genital Mutilation in Islamic Law: Difference between revisions

'''Female Genital Mutilation''' (Arabic: ختان المرأة) is the practice of cutting away and altering the external female genitalia for ritual or religious purposes. 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);

 

About 80% of FGM is attributable to Muslims.<ref name=":2">[http://archive.today/2021.04.09-040325/https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/ What Percentage of Global FGM is done by Moslems ?]</ref> Most of the remaining 20% is attributable to non-Muslims living in FGM-practicing Islamic societies (e.g. the Egyptian Copts<ref>[http://archive.today/2021.04.09-040655/https://copticliterature.wordpress.com/2014/03/12/prevalence-of-and-support-for-female-genital-mutilation-within-the-copts-of-egypt-unicef-report-2013/ Prevalence of and Support for Female Genital Mutilation within the Copts of Egypt: Unicef Report (2013)]</ref>), or to non-Islamic societies that have been hubs of the Islamic slave trade (e.g. Ethiopia and Eritrea<ref>[https://data.unicef.org/wp-content/uploads/2020/02/A-Profile-of-FGM-in-Ethiopia_2020.pdf A Profile of Female Genital Mutilation in Ethiopia]</ref>). Given a world population of Muslims of 1.7 billion, this means that at least one in five (20%) Muslim girls and women have been genitally mutilated. The same statistics indicate that about one in eighty (1.28%) non-Muslim girls and women are genitally mutilated.

 

FGM long predates Islam. The [[Banu Qurayza|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 [[User:Flynnjed/Sandbox#FGM%20in%20the%20Hadith|FGM in the Hadith]])

 

The Qur'an contains no explicit mention of FGM. However, Quran 30:30, by exhorting Muslims to 'adhere to the fitrah' indirectly, but ineluctably exhorts Muslims to engage in FGM. (see [[Female Genital Mutilation in Islamic Law#FGM in the Qur.27an|FGM in the Qur'an]])

The practice of FGM varies greatly from community to community and country to country (unlike Islamic male circumcision, the nature of which is uniform around the world). This is because the procedure of male circumcision is precisely described in Genesis. Several hadith report Muhammad (and his companions) approving of FGM, but they give very few clues as to ''the nature'' of what he was approving. Consequently the practice of FGM varies greatly from community to community and country to country, depending largely on the presiding school of Islam (fiqh), but also according to 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 and colonization. (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law]])

In addition to Islamic law that ''explicitly'' addresses FGM, Islamic law favors FGM by creating social conditions that normalise FGM and make the practice useful or 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 heightened 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 in Islamic Law|child marriage]], gender segregation, arranged marriages, chaperoning, veiling, 'honour' culture, bride-price ([[Mahr (Marital Price)|mahr]]) and footbinding. Islam's legitimisation of slavery, especially [[Rape in Islamic Law|sex slavery]], appears to also have a significant role in the nature, incidence and distribution of FGM.<!-- add link to sociology section in 'FGM in Islam' -->

There exist numerous fatwas supporting and commanding the practice. Traditional scholars all allow, recommend or mandate FGM. (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law)]]

Whilst most modern fatwas support the practice, there has been, over the past half century a growing unease in the Islamic world concerning the practice (largely attributable to a growing awareness of the practice by organisations such as the UN and UNICEF). The earliest fatwa that is clearly critical of FGM appears to have been issued in 1984.<ref name=":1">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 1996]</ref> (see [[Female Genital Mutilation in Islamic Law#Critical|Modern Fatwas: Critical]])

Those who practice FGM often refer to it as '''Female Circumcision''' rather than '''Female Genital Mutilation,''' the word 'mutilation' having negative connotations, since {{Quran|30|30}} forbids mutilation. However Islamic law makes exceptions for mutilations it allows e.g. amputation of limbs of thieves ({{Quran|5|38}}) and male circumcision, as well as mutilations that precede death, such as beheading, crucifixion and stoning.