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. It can involve both or either '''Clitoridectomy''' and '''Excision'''. Clitoridectmoy is the amputation of part or all of the clitoris or the removal of the clitoral prepuce. '''Excision''' is the cutting away of either or both the inner and outer labia. A third practice, '''Infibulation''' (or Pharaonic circumcision), is the paring back of the outer labia, whose cut edges are then stitched together to form, once healed, a seal that covers both the openings of the vagina and the urethra. Infibulation usually also includes clitoridectomy.   

The FGM hadith give very few clues as to ''the nature'' of the practice they approve. Hence the nature, incidence and distribution of FGM varies between countries and communities. The most significant determining factor appears to be the presiding school of Islam (fiqh). Other factors include 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.

Islamic law also implicitly favors FGM by creating social conditions that 1/ make the practice useful or necessary, and 2/ normalise it. [[Polygamy in Islamic Law|Polygyny]] (which Islam encourages) creates sexually violent societies which put girls and women at a heightened risk of rape or abduction. In response to this the community develops 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 and purdah, arranged marriages, chaperoning, veiling, 'honour' culture, bride-price ([[Mahr (Marital Price)|mahr]]) and footbinding.<ref>'[http://webarchiv.ethz.ch/soms/teaching/OppFall09/MackieFootbinding.pdf 'Ending Footbinding and Infibulation: A Convention Account' -  Gerry Mackie (1996)]</ref> Islam's legitimisation of slavery, especially [[Rape in Islamic Law|sex slavery]], also has a significant role in the nature, incidence and distribution of FGM.<!-- add link to sociology section in 'FGM in Islam' -->

It should be noted that those who practice FGM refer to it as '''Female Circumcision''' rather than '''Female Genital Mutilation.''' The Hadith and most of the fatwas reproduced on this page are translations. Where this is the case it is likely that the term used is the translator's choice, not the hadith or fatwa's originator.  

''<nowiki/><nowiki/>''{{Quote|{{Quran|30|30}}|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.}}'''''The word ''<nowiki/>'fitrah''' appears only this once in the Qur'an, and is left undefined and unexplained. To know what 'fitrah means, traditional scholars turned to hadith which make use of the word. {{Quote|{{Bukhari|7|72|777}}; See also {{Muslim|2|495}}|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''' [اخْتُتِنَّ - khitan], shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”}}Note that this hadith uses the Arabic word ''khitan'' (ختان) for 'circumcision'.

Thus, the word '<nowiki/>''khitan'<nowiki/>'' appears to refer to both or either FGM and Male Circumcision. According to traditional interpretive methodology, {{Quran|30|30}} by requiring Muslims to ''<nowiki/>'adhere to the fitrah''' advocates FGM.