Female Genital Mutilation in Islamic Law: Difference between revisions

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FGM 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 [[Female Genital Mutilation in Islamic Law#FGM in the Hadith|FGM in the Hadith]]).  
FGM 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 [[Female Genital Mutilation in Islamic Law#FGM in the Hadith|FGM in the Hadith]]).  


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.
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 (Islamic Jurisprudence)|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.


Whilst the Qur'an contains no explicit mention of FGM, verse 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]]).
Whilst the Qur'an contains no explicit mention of FGM, verse 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]]).
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''<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'.
''<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'.


Two other hadith ([[Female Genital Mutilation in Islamic Law#Someone to Amuse Them|Someone to Amuse Them]] and [[Female Genital Mutilation in Islamic Law#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 ([[Female Genital Mutilation in Islamic Law#The fitrah is five things|The fitrah is five things]], [[Female Genital Mutilation in Islamic Law#A preservation of honor for women|A preservation of honor for women]] and [[Female Genital Mutilation in Islamic Law#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.
Two other hadith ([[Female Genital Mutilation in Islamic Law#Someone to Amuse Them|Someone to Amuse Them]] and [[Female Genital Mutilation in Islamic Law#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 ([[Female Genital Mutilation in Islamic Law#The fitrah is five things|The fitrah is five things]], [[Female Genital Mutilation in Islamic Law#A preservation of honor for women|A preservation of honor for women]] and [[Female Genital Mutilation in Islamic Law#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.
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.
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