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→‎FGM in the Hadith and Qur'an

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 ==FGM in the Hadith and Qur'an==
-{{anchor|hadith}}
+{{main|Female Genital Mutilation in Islamic Law}}{{anchor|hadith}}
-give a summary - don't quote hadith unless necesary for main body of page
+<!-- give a summary - don't quote hadith unless necesary for main body of page -->
+There is no explicit reference to Female Genital Mutilation in the Qur'an. However, the {{Quran|30|30}} requires Muslims to ''<nowiki/>'adhere to the fitrah'''.
+''<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'<nowiki/>'' appears only this once in the Qur'an, and is left undefined and unexplained. To know what ''<nowiki/>'fitrah''' means, traditional scholars turn to the hadith which make use of the word.
+'''<nowiki/><nowiki/><nowiki/>'''
+{{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''', 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'.
-FGM is mentioned  in (at least) seven Hadith. Four report Muhammad approving of FGM and two report [[Sahabah]] (Muhammad's companions) participating in FGM. The remaining hadith has little import doctrinally, but is of linguistic, historical and sociological interest.
+Two other hadith ([[User:Flynnjed/Sandbox#Someone to Amuse Them|Someone to Amuse Them]] and [[User:Flynnjed/Sandbox#Do not cut severely|Do not cut severely]]) use the word ''khitan'' in contexts where the procedure is unquestionably being performed on females (and only on females). Three other hadith ([[User:Flynnjed/Sandbox#The fitrah is five things|The fitrah is five things]], [[User:Flynnjed/Sandbox#A preservation of honor for women|A preservation of honor for women]] and [[User:Flynnjed/Sandbox#When the circumcised parts touch each other|When the circumcised parts touch each other]]) use the word 'khitan to refer to ''both'' FGM and Male 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.
+FGM is mentioned  in (at least) seven Hadith. Four report Muhammad approving of FGM and two report [[Sahabah]] (Muhammad's companions) participating in FGM. All the hadith in which Muhammad approves (either with his words or tacitly)
 ===Hadith: Muhammad===
@@ Line 56: / Line 64: @@
 =====Go and Circumcise Them and Purify Them=====
 {{Quote|1=[http://archive.today/2021.04.09-044937/https://sunnah.com/urn/2212010 Al-Adab Al-Mufrad 53:1245]|2=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''' [فَاخْفِضُو - khaffad] them and purify them."'}}فَاخْفِضُو (khaffad) translates as 'lower them' or 'trim them'.
-==FGM in the Qur'an==
-{{anchor|quran}}
-integrate into above seciont
-There is no explicit reference to Female Genital Mutilation in the Qur'an. However, the {{Quran|30|30}} requires Muslims to ''<nowiki/>'adhere to the fitrah'''.
-''<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'<nowiki/>'' appears only this once in the Qur'an, and is left undefined and unexplained. To know what ''<nowiki/>'fitrah''' means, traditional scholars turn to the 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''', 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'.
-Two other hadith ([[User:Flynnjed/Sandbox#Someone to Amuse Them|Someone to Amuse Them]] and [[User:Flynnjed/Sandbox#Do not cut severely|Do not cut severely]]) use the word ''khitan'' in contexts where the procedure is unquestionably being performed on females (and only on females). Three other hadith ([[User:Flynnjed/Sandbox#The fitrah is five things|The fitrah is five things]], [[User:Flynnjed/Sandbox#A preservation of honor for women|A preservation of honor for women]] and [[User:Flynnjed/Sandbox#When the circumcised parts touch each other|When the circumcised parts touch each other]]) use the word 'khitan to refer to ''both'' FGM and Male 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.
-<nowiki/>''<nowiki/><nowiki/>''
-''<nowiki/><nowiki/>''
 ==FGM in Islamic law==
 {{anchor|law}}
@@ Line 80: / Line 72: @@
 All schools of Islam favour FGM, but with varying levels of compulsion. No school of Islam can forbid FGM since nothing that Muhammad allowed can be prohibited. Contemporary scholars, however, are adept at phrasing fatwas in such a way as to appear to criticise or condemn FGM whilst stopping well short of forbidding it. (see section on [[#equivocation|Equivocation]] below).
-  Differences in hermeneutics (methodologies of interpretation of texts, especially religious and philosophical texts) result in certain Hadith having more weight and influence with some schools than in others. The hadith {{Abu Dawud|41|5251}} is an example of this:{{Quote|{{Abu Dawud|41|5251}}|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.}}Shafi’i and Hanbali scholars have evaluated this hadith as being ''sahih.'' Consequently, these schools consider FGM as being either obligatory or highly recommended, and FGM is very common or nearly universal amongst their followers. Maliki and Hanafi scholars have evaluated this Hadith as being ''mursal'' (good but missing an early link in its [[isnad]]) or ''daif'' (weak)– possibly explaining the lower rates of FGM amongst followers of these schools. It may be that followers of the Maliki and Hanafi schools who are devout (or who wish to ''appear'' devout) will tend to treat as obligatory practices that are merely recommended – since for the devout anything that is recommended should be definitely done.
+Differences in hermeneutics (methodologies of interpretation of texts, especially religious and philosophical texts) result in certain Hadith having more weight and influence with some schools than in others. The hadith {{Abu Dawud|41|5251}} is an example of this:{{Quote|{{Abu Dawud|41|5251}}|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.}}Shafi’i and Hanbali scholars have evaluated this hadith as being ''sahih.'' Consequently, these schools consider FGM as being either obligatory or highly recommended, and FGM is very common or nearly universal amongst their followers. Maliki and Hanafi scholars have evaluated this Hadith as being ''mursal'' (good but missing an early link in its [[isnad]]) or ''daif'' (weak)– possibly explaining the lower rates of FGM amongst followers of these schools. It may be that followers of the Maliki and Hanafi schools who are devout (or who wish to ''appear'' devout) will tend to treat as obligatory practices that are merely recommended – since for the devout anything that is recommended should be definitely done.
-===Maliki Madhab===
+The Maliki school rules that FGM is recommended, but not obligatory.
-The Maliki school was founded by Malik ibn Anas in the 8th century, who ruled that FGM is recommended, but not obligatory.
-{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam'] by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)|Maliki hold the view that it is wajib (obligatory) for males and sunnah (optional) for females}}{{Quote|Al-Dardir (died 1786, malikite)|Female circumcision is recommended.}}{{Quote|Ibn-al-jallab (died 988, Malikite)|Circumcision is Sunnah for men and women.}}
-===Hanafi Madhab===
-This school is named after the scholar Abū Ḥanīfa an-Nu‘man ibn Thābit (d. 767) and is school with the largest number of followers among Sunni muslims. Abū Ḥanīfa maintained that FGM is not obligatory but optional or recommended.
-{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam'] by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)|The Hanafi view is that it is a sunnah (optional act) for both females and males}}
+The Hanafi school considers FGM to be optional. It is the school of Islam under which there is the least incidence of FGM.
-The Hanafi school is the school of Islam under which there is the least incidence of FGM. Pakistani Muslims are generally Hanafi, and have, till recently, been the largest Muslim diaspora to the West. Pakistanis are also frequently English-speaking. Both of which facts increase the prevalence in the West of the narrative that FGM is nothing to do with Islam. With increasing immigration to the West from Shafi’i countries (Somalia in particular) this narrative is harder to maintain since (see below) FGM is obligatory under Shafi’i Islam.
+The Shafi’i school rule FGM to be obligatory. Infibulation, the most severe form of FGM practiced under Islam, is almost entirely attributable to followers of the Shafi'i school of fiqh. 'Reliance of the Traveller' by by Ahmad ibn Naqib al-Misri (1302–1367) is the Classic Manual of Islamic Sacred Law according to Shafi'i School. {{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 clitoris')'''}}The Hanbali scholars disagree on FGM, some decree that it is obligatory, others that it is honourable (and therefore recommended).
-{{Quote|Al-Musuli (died 1284, hanafite)|Circumcision is sunnah and fitrah. For women, circumcision is makrumah. If the inhabitants of a country reach a unanimous decision to abandon circumcision, the Imam has to wage war against them as it is one of the rituals and a specificity of Islam.}}
-===Shafi'i Madhab===
-The Shafi’i school was founded by the Arab scholar Al-Shafi‘i in the early 9th century. The Shafi’i school rejects two interpretative heuristics that are accepted by other major schools of Islam: Istihsan (juristic preference) and Istislah (public interest), heuristics by which compassion and welfare can be integrated into Islamic law-making. Female genital mutilation (FGM) is obligatory in the Shafi'i madhab. Infibulation, the most severe form of FGM practiced under Islam, is almost entirely attributable to followers of the Shafi'i school of fiqh.
-{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam'] by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)|Shafi’i view it as wajib (obligatory) for both females and males}}
-'Reliance of the Traveller' by by Ahmad ibn Naqib al-Misri (1302–1367) is the Classic Manual of Islamic Sacred Law according to Shafi'i School. {{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 clitoris')'''}}Nuh Ha Mim Keller's 1991 translation of 'Reliance of the Traveller' translates the word 'bazr' ( بَظْرٌ ) as 'clitorial prepuce' instead of simply 'clitoris'.<ref>[https://archive.org/details/RelianceOfThetraveller/New%20Folder/RelianceOfThetraveller_by_AhmadIbnNaqib-al-misri_english-arabic/page/n77/mode/2up Reliance Of The traveller (عمدة السالك وعدة الناسك) By Ahmad Ibn Naqib Al Misri English Arabic]</ref> This is disputed because 1/ the usage is obscure and 2/ it leaves Arabic without a word for 'clitoris'.<ref>[http://archive.today/2021.04.09-042436/https://ejtaal.net/aa/%23hw4=h92,ll=259,ls=h5,la=h306,sg=h149,ha=h56,br=h124,pr=h26,aan=h73,mgf=h108,vi=h76,kz=h149,mr=h80,mn=h93,uqw=h174,umr=h122,ums=h91,umj=h75,ulq=h387,uqa=h55,uqq=h31,bdw=h102,amr=h66,asb=h65,auh=h200,dhq=h57,mht=h49,msb=h28,tla=h30,amj=h63,ens=h1,mis=h1 '''بعث''' | Lane's Lexicon, page 222]</ref>
-===Hanbali Madhab===
-The Hanbali school is named after the Iraqi scholar Ahmad ibn Hanbal (d. 855). Ahmad ibn Hanbal studied under Al-Shafi‘i (founder of the Shafi’i school) and inherited his deep concerns about the jurists of his time, who were ready to reinterpret the doctrines of the Koran and Hadiths to pander to public opinion and the demands of the rich and powerful. Ibn Hanbal advocated a return to the literal interpretation of Koran and Hadiths. This has made the Hanbali school intensely traditionalist. Today’s ultra-conservative Wahhabi–Salafist movement is an offshoot of this school. The Hanbali school, unlike the Hanafi and Maliki schools, reject ''Istihsan'' (jurist discretion) and ''Urf'' (the customs of Muslims) as a sound basis by which to derive Islamic law.
-{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam'] by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)|Hanbali have two opinions: -it is wajib (obligatory) for both males and females – it is wajib (obligatory) for males and makrumah (honourable) for females.}}{{Quote|Al-Qudamah (died 1223, hanbalite)|Circumcision is obligatory for men, and noble deed for women and not obligatory according to many scholars. Ahmad said: circumcision for men is more important for men than for women, as the foreskin is pending over the glans, therefore what is behind cannot be cleaned. Female circumcision is also prescribed for women. Abu-Abdallah said that the hadith “If the two circumcised membranes meet, ghusl is necessary” means that female circumcision was practiced. According to the hadith of Umar, a circumciser woman performed circumcision; he told her: leave some of it if you circumcise. It is also reported that the Prophet Muhammad said to the circumciser woman: Cut very slightly and do not exaggerate as it is preferable for the husband and better for the face.}}{{Quote|Al-Bahuti (died 1641, Hanbalite)|male and female circumcision are obligatory.}}{{Quote|Sheikh al-Islam Ibn Taymiyah (died 1328, Hanbalite)|Praise be to Allah. Yes, they should be circumcised, i.e., the top of the piece of skin that looks like a rooster’s comb should be cut. The Messenger of Allah said to the woman who did circumcisions: “Leave something sticking out and do not go to extremes in cutting. That makes her face look brighter and is more pleasing to her husband.” That is because the purpose of circumcising a man is to make him clean from the impurity that may collect beneath the foreskin. But the purpose of circumcising women is to regulate their desire, because if a woman is not circumcised her desire will be strong. Hence the words “O son of an uncircumcised woman” are used as an insult, because the uncircumcised woman has stronger desire. Hence immoral actions are more common among the women of the Tatars and the Franks, that are not found among the Muslim women. If the circumcision is too severe, the desire is weakened altogether, which is unpleasing for men; but if it is cut without going to extremes in that, the purpose will be achieved, which is moderating desire. And Allah knows best.}}{{Quote|Ibn Qayyim (died 1350, Hanbalite)|Khitaan is a noun describing the action of the circumciser (khaatin). It is also used to describe the site of the circumcision, as in the hadith, “When the two circumcised parts (al-khitaanaan) meet, ghusl become obligatory.” In the case of a female the word used is khafad. In the male it is also called i’dhaar. The one who is uncircumcised is called aghlaf or aqlaf.}}{{Quote|Ibn Taymiyya (1263 - 1328), Hanbalite)|[FGM's] purpose is to reduce the woman's desire; if she is uncircumcised, she becomes lustful and tends to long more for men.}}
-===Shia Islam===
 The attitudes of Shia Islam towards FGM are as not clear-cut as with the schools of Sunni Islam. It is known that FGM is practised by Zaydis in Yemen, Ibadis in Oman and at least by parts of the Ismailis (the Dawoodi Bohras in particular) in India. A survey by WADI conducted in the region of Kirkuk in Iraq found that 23% of Shia girls and women had undergone FGM<ref>[http://archive.today/2021.04.09-043653/https://mena.hivos.org/news/female-genital-mutilation-in-iraq/ Female Genital Mutilation in Iraq (April 13, 2012)]</ref>.
-====Jafari====
-{{Quote|[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 (FGM)]|Ayatollah Khamenei, the leading scholar among contemporary jurists of Iran, says that FGM is permissible but not obligatory for women. He also states that if the husband wants his wife to be circumcised then it might be carried out if it isn’t harmful for her.}}{{Quote|[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 (FGM)]|Ayatullah ali al hussaini ali Sistani form Iraq said in his fatwa in 2010 that FGM is not haram (prohibited). Later in 2014 he revised his fatwa and said that FGM is harmful for the female victims and it isn’t permissible or part of any Islamic injunction.}}{{Quote|Al-Amili (died 1559, shiite)|Boys must be circumcised when they become adult…. and it is preferable that women be circumcised even if they are adult.}}{{Quote|Al-Tusi (died 1067, shiite)|The circumcision of female slaves, if performed, is great honor and precious merit. If not, nothing bad in it.}}
-====Ismaili====
-FGM appears to be common amongst the Dawoodi Bohras<ref>[http://archive.today/2021.04.09-044009/https://scroll.in/article/867572/reminder-to-government-new-study-confirms-widespread-female-genital-cutting-among-bohra-muslims Reminder to government: New study confirms widespread female genital cutting among Bohra Muslims]</ref> – an Ismaili sect found in India, Saudi Arabia, Pakistan, Yemen and East Africa. Their current spiritual leader has recommended FGM as being necessary for purity and to avoid sin.{{Quote|Al-Nazawi (died 1162, ibadite)|Circumcision is obligatory for every Muslim…. If somebody refuses to submit to circumcision after being ordered to do, he should be killed if he exaggerates in delaying. Circumcision is not obligatory for women but they are ordered to submit to circumcision in honor of their husbands. Women are not obliged as circumcision for women is makrumah and for men it is sunnah, and some said it is faridah (obligation).}}
-In 2017 two doctors and a third woman connected to the Dawoodi Bohra in Detroit, Michigan, were arrested on charges of conducting FGM on two seven-year-old girls in the United States. Their Attorney confirmed that FGM was, for her clients, a religious practice<ref>[http://archive.today/2021.04.09-044404/https://edition.cnn.com/2017/04/26/health/fgm-indictment-michigan/index.html Prosecutor: 'Brutal' genital mutilation won't be tolerated in US]</ref>:{{Quote|[http://archive.today/2021.04.09-044404/https://edition.cnn.com/2017/04/26/health/fgm-indictment-michigan/index.html 'Prosecutor: 'Brutal' genital mutilation won't be tolerated in US' - CNN]|They have a [right] to practice their religion. And they are Muslims and they’re being under attack for it. I believe that they are being persecuted because of their religious beliefs}}
-===Muʿtazila===
-Muʿtazila is a rationalist school of Islamic theology that flourished in the cities of Basra and Baghdad during the 8th to the 10th centuries. The Mu'tazila developed an Islamic type of rationalism, partly influenced by Ancient Greek philosophy.
-{{Quote|Al-Jahiz (Muʿtazila, died 868-9)|A woman with clitoris has more pleasure than a woman without clitoris. The pleasure depends on the quantity which was cut from the clitoris. Muhammad said: “If you cut, cut the slightest part and do not exaggerate because it makes the face more beautiful and it is more pleasant for the husband”. It seems that Muhammad wanted to reduce the concupiscence of the women to moderate it. If concupiscence is reduced, the pleasure is also reduced as well as the love for the husbands. The love of the husband is an impediment against debauchery. Judge Janab Al-Khaskhash contends that he counted in one village the number of the women who were circumcised and those who were not, and he found that the circumcised were chaste and the majority of the debauched were uncircumcised. Indian, Byzantine and Persian women often commit adultery and run after men because their concupiscence towards men is greater. For this reason, India created brothels. This happened because of the massive presence of their clitorises and their hoots.}}
 ==Modern Fatwas==
 The following is a selection of Fatwas, mainly extracts, from the 20th and 21st Century. They have been, as far as possible, arranged in chronological order. Note that many are secondary or even tertiary sources.