Autochecked users, em-bypass-1, em-bypass-2
645
edits
Female Genital Mutilation in Islamic Law: Difference between revisions
Female Genital Mutilation in Islamic Law (view source)
Revision as of 07:56, 25 January 2022
, 25 January 2022→FGM Is Not Required by Islam: added a couple of links
| [checked revision] | [checked revision] |
m (→FGM Is Not Required by Islam: added a couple of links) |
|||
| Line 111: | Line 111: | ||
This dilemma is faced not just by on-the-ground charity workers, but the whole hierarchy of institutions devoted to combating FGM, including politicians, the media and academia. To resolve the dilemma a number of propositions have evolved to defend the proposition that FGM is un-Islamic. | This dilemma is faced not just by on-the-ground charity workers, but the whole hierarchy of institutions devoted to combating FGM, including politicians, the media and academia. To resolve the dilemma a number of propositions have evolved to defend the proposition that FGM is un-Islamic. | ||
===FGM Is Not Required by Islam=== | ===FGM Is Not Required by Islam=== | ||
{{Quote|[https://www.academia.edu/6142789/Egypts_Villages_Fight_Female_Genital_Mutilation_WFS_NEWS Dr Ahmed Talib, Dean of the Faculty of Sharia at Al-Azhar University]|“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'''.”}}It is correct that most Islamic schools and scholars do not make FGM | {{Quote|[https://www.academia.edu/6142789/Egypts_Villages_Fight_Female_Genital_Mutilation_WFS_NEWS Dr Ahmed Talib, Dean of the Faculty of Sharia at Al-Azhar University]|“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'''.”}}It is correct that most Islamic schools and scholars do not make FGM obligatory. Only the Shafi'i madhab (the second or third largest school of Sunni Islam) and some Hanbali scholars decree FGM to be obligatory in Islam. | ||
But critics of Dr Talib's position | But critics of Dr Talib's position point out that ''<nowiki/>'not an obligation'<nowiki/>'' is by no means the same thing as ''<nowiki/>'forbidden'<nowiki/>''. If FGM is a 'crime', then '<nowiki/>''not an obligation''' is no more appropriate a response to it than it would be to murder, child sexual abuse or rape. An act that is 'not obligatory' may anything from 'tolerated', to 'highly recommended' as well as 'forbidden'. If Dr Talib believed that FGM was 'forbidden' by Islam then he would have made that clear in his statement. Moreover, acts that are 'not an obligation' can be virtuous or ethically neutral - neither charitable-giving or owning a dog are obligatory, but the former is virtuous and the latter ethically neutral. Thus Dr Talib's conclusion in no way forecloses the possibility that FGM is virtuous and highly recommended in Islam. | ||
===There Is No FGM in the Qur'an=== | ===There Is No FGM in the Qur'an=== | ||
{{Quote|[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)]|[...] 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.}} | {{Quote|[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)]|[...] 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.}} | ||
| Line 120: | Line 120: | ||
It is correct that there is no mention of FGM in the Qur'an. | It is correct that there is no mention of FGM in the Qur'an. | ||
But according to traditional interpretive methodology Qur'an 30:30, by requiring one to ''<nowiki/>'adhere to the fitrah','' indirectly, but ineluctably, [https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#FGM_in_the_Qur.27an advocates FGM]. Nor is there any mention of the unquestionably Islamic practice of male circumcision in the Qur'an. Indeed, most of the practical details of how to be a Muslim come from the Sunnah (the [[hadith]] plus the [[sirat]]). The Qur'an has 91 verses commanding to follow Muhammad's example to the last detail. However the Qur'an contains virtually no detail of Muhammad's life. Muslims can only know of Muhammad's life by turning to the hadith and sirat. None of the [[Five Pillars of Islam]], | But according to traditional interpretive methodology Qur'an 30:30, by requiring one to ''<nowiki/>'adhere to the fitrah','' indirectly, but ineluctably, [https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#FGM_in_the_Qur.27an advocates FGM]. Nor is there any mention of the unquestionably Islamic practice of male circumcision in the Qur'an. Indeed, most of the practical details of how to be a Muslim come from the Sunnah (the [[hadith]] plus the [[sirat]]). The Qur'an has 91 verses commanding to follow Muhammad's example to the last detail. However the Qur'an contains virtually no detail of Muhammad's life. Muslims can only know of Muhammad's life by turning to the hadith and sirat. None of the [[Five Pillars of Islam]], for example, are explained in the Qur'an. | ||
===FGM Existed Before Islam=== | ===FGM Existed Before Islam=== | ||
{{Quote|[http://archive.today/2021.04.22-035102/http://fiqhcouncil.org/gender-equity-in-islam/ 'Gender Equity in Islam' Dr. Jamal Badawi (2016)]|While the exact origin of female circumcision is not known, '''“it preceded Christianity and Islam.”''' The most radical form of female circumcision (infibulation) is known as the Pharaonic Procedure. This may signify that it may have been practiced long before the rise of Islam, Christianity and possibly Judaism.}} | {{Quote|[http://archive.today/2021.04.22-035102/http://fiqhcouncil.org/gender-equity-in-islam/ 'Gender Equity in Islam' Dr. Jamal Badawi (2016)]|While the exact origin of female circumcision is not known, '''“it preceded Christianity and Islam.”''' The most radical form of female circumcision (infibulation) is known as the Pharaonic Procedure. This may signify that it may have been practiced long before the rise of Islam, Christianity and possibly Judaism.}} | ||
The archaeological and historical record do indeed amply demonstrate that FGM existed before Islam | The archaeological and historical record do indeed amply demonstrate that FGM existed before Islam (see [[Female Genital Mutilation in Islam#FGM before Islam]] ) | ||
The premise of this argument is that if a practice existed before Islam then it can not be Islamic. Critics point out that monotheism, praying, heaven and hell, male circumcision, pilgrimage to Mecca, the veneration of the Kaaba, abstention from pork, giving to charity, the paying of bride-price, polygyny, interdictions on lying and murder, and much more all existed before Islam. These pre-Islamic practices became Islamic when, and because, Muhammad integrated them into the religion he was inventing. | The premise of this argument is that if a practice existed before Islam then it can not be Islamic. Critics point out that monotheism, praying, heaven and hell, male circumcision, pilgrimage to Mecca, the veneration of the Kaaba, abstention from pork, giving to charity, the paying of bride-price, polygyny, interdictions on lying and murder, and much more all existed before Islam. These pre-Islamic practices became Islamic when, and because, Muhammad integrated them into the religion he was inventing. | ||
| Line 130: | Line 130: | ||
{{Quote|[http://archive.today/2017.06.14-045447/http://www.motherjones.com/kevin-drum/2016/02/female-genital-mutilation-not-uniquely-muslim-problem/ 'Female Genital Mutilation Is Not a Uniquely Muslim Problem' Kevin Drum]|Basically, '''FGM is a practice limited to certain parts of Africa''' [...] As for Britain, its FGM problem is more due to where their African immigrants come from than it is to Islam per se.}}[[File:Indonesia-religion-fgm-map-reworked.jpg|thumb|Maps showing the correlation between Islam and FGM in Indonesia: the top map shows the distribution and prevalence of FGM in Indonesia; the bottom map shows the distribution of religions in Indonesia:|alt=]] | {{Quote|[http://archive.today/2017.06.14-045447/http://www.motherjones.com/kevin-drum/2016/02/female-genital-mutilation-not-uniquely-muslim-problem/ 'Female Genital Mutilation Is Not a Uniquely Muslim Problem' Kevin Drum]|Basically, '''FGM is a practice limited to certain parts of Africa''' [...] As for Britain, its FGM problem is more due to where their African immigrants come from than it is to Islam per se.}}[[File:Indonesia-religion-fgm-map-reworked.jpg|thumb|Maps showing the correlation between Islam and FGM in Indonesia: the top map shows the distribution and prevalence of FGM in Indonesia; the bottom map shows the distribution of religions in Indonesia:|alt=]] | ||
FGM did exist in parts of Africa before parts of it were Islamised – notably Egypt and the West coast of the Red Sea | FGM did exist in parts of Africa before parts of it were Islamised – notably Egypt and the West coast of the Red Sea (see [[Female Genital Mutilation in Islam#Non-Islamic sources]]). | ||
However, the historical record shows that FGM was also practice in the Middle East before Islam. Most significantly the hadith themselves suggest that Mohammed's native tribe, the Banu Quraysh practiced FGM. | However, the historical record shows that FGM was also practice in the Middle East before Islam. Most significantly the hadith themselves suggest that Mohammed's native tribe, the Banu Quraysh practiced FGM. | ||