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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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< | <br />{{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|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=“Allah has endowed people with dignity. In the Qur'an, Allah says: "We have honored the children of Adam". Therefore, Allah forbids all harm to people, regardless of social status and gender. Female genital cutting is an inherited bad habit practiced in some societies and has been adopted in imitation by some Muslims in several countries. This without a textual basis in the Koran or an authentic tradition of the prophet. Female genital cutting practiced today causes physical and psychological damage to women. Therefore, these practices must be stopped, based on one of the highest values of Islam, namely not to harm people - according to the saying of the Prophet Mohammad, peace and blessings be upon him: "Do not harm and do no harm to anyone". Rather, it is considered a criminal aggression. The conference appeals to Muslims to put an end to this bad habit according to the teachings of Islam, which prohibit harming people in any way. The participants of the conference also call on the international and regional institutions and bodies to concentrate their efforts on educating and informing the population. This applies in particular to the basic hygienic and medical rules that must be adhered to towards women so that this bad habit is no longer practiced.The conference reminds educational institutions and the media that they have an absolute duty to educate about the harms of this bad habit and its devastating consequences for society in order to help eliminate this bad habit. The conference calls on the legislative bodies to pass a law that prohibits practitioners from the harmful bad habit of female genital cutting and declares it a crime, regardless of whether the practitioner is the perpetrator or the initiator. Furthermore, the conference calls on the international institutions and organizations to provide aid in all regions in which this bad habit is practiced, in order to contribute to its elimination.”}}{{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)]|Female circumcision is supported by no decisive textual evidence. Only male circumcision is practiced, due to the authentic evidence in the Sunnah that it is part of the natural way (Fitrah). | ||
Female circumcision is simply a regional custom in the places where it is practiced. We must then take into consideration that many medical professionals consider it to have detrimental affects for the girls who undergo the operation. On that basis, it would be impermissible to allow this custom to continue. As, bringing harm to oneself is unlawful in Islam. | |||
In a Hadith it is mentioned: | |||
Circumcision is Sunnah for men and an honorable thing for women. [Musnad Ahmad (19794)] | |||
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. | |||
1. In the Hanaf school of law, female circumcision is permissible within itself but not considered to be a Sunnah. (i.e. no religious virtue). (Shami Fatawaa Rahimiyyah, Page 261, Vol. 6) | |||
2. It is considered a preferred act (Mandub) for women in the Maliki school of law. They rely upon the Hadith of Umm `Atiyyah for this ruling. ( Bulghah al-Salik li-Aqrab al-Maslik and Ashal al-Madarik Sharh Irshad al-Salik) | |||
3. In the Shaf'i school of law, circumcision is considered an obligation for both men and women. This is the official ruling of that school of thought. Some Shaf`i scholars express the view that circumcision is obligatory for men and merely Sunnah for women. ( al-Majmu`) | |||
4. In the Hanbali school of law, circumcision is obligatory for men and merely an honorable thing for women. It is not obligatory for them. The Hanbali jurist Ibn Qudamah observes: This is the view of many people of knowledge. Imam Ahmad said that it is more emphatic for men. (al-Mughni (1/115)) | |||
Lastly, I would like to mention that there are no recorded evidences of circumcision done on the Prophet (Sallallahu alaihi wa sallam)'s daughters.}}{{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” said the decree issued by the office of the mufti, Sheikh Ali Gomaa.}}{{Quote-text|[https://archive.ph/SJmql#selection-283.0-287.466 Grand Ayatollah Fadlalllah's remarks on the circumcision of women, (2010)]|Circumcision of women is not an Islamic rule or permission; rather it was an Arab ritual before Islam. There are many Hadiths that connote the negative attitude of Islam as to this ritual. However, Islam did not forbid it 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). | |||
The Prophet had prevented people several times from circumcising women. In addition, the mere prevention may connote forbidding of that action as well. Furthermore, circumcising is accompanied by hurting and injuring the body of a woman; and we are not allowed to make any injury to our body unless we are expressly allowed to do so. Thus, we are dubious whether we are allowed or not, we should abide by the primary principle that is forbidding of injuring oneself.}}{{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 Kurdistan Islamic Scholars Union, the highest Muslim authority in Iraqi Kurdistan for religious pronouncements and rulings, issued a fatwa or religious edict last month [...]this particular fatwa stated that "female circumcision" is not an Islamic practice.While the fatwa did not forbid the practice [...] its clear and unequivocal statement that the practice is not required by Islam was significant for women in Kurdistan, where the practice is widespread. The practice is not mentioned in the Quran, and many other Muslim scholars have disassociated the practice from Islam. Until last month, the Kurdistan Islamic Scholars Union had not joined those ranks [...] The fatwa will help dispel that belief and should begin to lead to a reduction of the practice in the name of Islam. | |||
But it's not all good news yet. The fatwa does not explicitly ban female genital mutilation, and the failure to prohibit it altogether remains troubling because parents may still decide to subject their daughters to this practice. ”}}{{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, (2014)]|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" | "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" | ||
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What is the wife`s duty to her husband`s request to circumcise herself? | 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.” | 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.”}}{{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)]|The group of jurists from different schools of thoughts reject the permissibility of FGM in Islam and do not consider it part of the injunctions of Islam. Their arguments are as follows: | ||
Answer to the justifications from Holy Quran: The proponent jurists alleged that Allah said in the holy Quran to follow the Sunnah of Ibrahim (A.S). That meant following the Sunnah of Ibrahim (A.S) as he believed in the oneness of God. Also if Ibrahim (A.S) was circumcised because he was a male, that cannot be taken as precedent for the females because there is no resemblance between the male and female body structure. 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. | |||
Answer to the justification from Holy Sunnah: | |||
Ahadith put forward by the proponents have ‘weak health’ (Dhuaee’f Sih’ha) mainly because of the chain of hadith and of the narrators, so we cannot rely on such ahadith on such delicate issues. | |||
Answer to the Qiyas: First of all if we are making Qiyas a deciding factor for another analogy, the ill’at (cause) must be the same between the cases but in the case of FGM, how can we use the analogy of a male body for a female when they are both totally different and distinct from each other. The ill’at of circumcision of men is to increase pleasure, is also good for sexual life and includes many other medical benefits to men. But in case of women it reduces pleasure, is harmful for her physical as well as mental health, so the idea of Qiyas here is totally strange.}}{{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."}} | |||
==See Also== | ==See Also== | ||
[[Female Genital Mutilation in Islam]] | [[Female Genital Mutilation in Islam]] | ||