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Female Genital Mutilation in Islamic Law: Difference between revisions
Female Genital Mutilation in Islamic Law (view source)
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===FGM Existed Before Islam=== | ===FGM Existed Before Islam=== | ||
{{Quote|[ | {{Quote|[https://web.archive.org/web/20210601084353/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 (see [[Female Genital Mutilation in Islam#FGM 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. | ||
===FGM Is an African Practice=== | ===FGM Is an African Practice=== | ||
{{Quote|[ | {{Quote|[https://web.archive.org/web/20220224165117/https://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 (see [[Female Genital Mutilation in Islam#Non-Islamic sources]]). | 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]]). | ||
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#about 40% of FGM takes place outside of Africa, in South Asia in particular.<ref name=":0" /> | #about 40% of FGM takes place outside of Africa, in South Asia in particular.<ref name=":0" /> | ||
It is documented that FGM was brought to Indonesia by Muslim traders and conquerors in the 13<sup>th</sup> Century. Indonesia follows the Shaafi school (which makes FGM obligatory) and has +90% rates of FGM amongst its Muslims. FGM is rare amongst Indonesian non-Muslim. This suggests that FGM is more of an ''Islamic practice'' than an African one. {{Quote|[ | It is documented that FGM was brought to Indonesia by Muslim traders and conquerors in the 13<sup>th</sup> Century. Indonesia follows the Shaafi school (which makes FGM obligatory) and has +90% rates of FGM amongst its Muslims. FGM is rare amongst Indonesian non-Muslim. This suggests that FGM is more of an ''Islamic practice'' than an African one. {{Quote|[https://web.archive.org/web/20220224170335/https://www.jstor.org/stable/j.ctv102bdw4 p158 William G. Clarence-Smith (Professor of the Economic History of Asia and Africa at SOAS, University of London) in ‘Self-Determination and Women’s Rights in Muslim Societies’ Ed. Chitra Raghavan and James P. Levine]|'The Southeast Asian case undermines a widespread notion that female circumcision is a pre-Islamic custom that has merely been tolerated by the newer faith. In contrast to other regions, female circumcision seems to have been introduced into Southeast Asia as part of the inhabitants’ conversion to Islam from the thirteenth century on. Indeed, for Tomás Ortiz, writing about the southern Philippines in the early eighteenth century, female circumcision was not only a Muslim innovation, but also one that had spread to some degree to non-Muslims.'}} | ||
===Christians Practice FGM Too=== | ===Christians Practice FGM Too=== | ||
{{Quote|[ | {{Quote|[https://web.archive.org/web/20220224170612/https://www.theguardian.com/society/2014/feb/06/female-genital-mutilation-facts Female genital mutilation: facts you need to know about the practice]|Although the practice is mainly found in some Muslim societies, who believe, wrongly, that it is a religious requirement, it is also carried out by non-Muslim groups such a '''Coptic Christians in Egypt'''', and '''several Christian groups in Kenya'''.}} | ||
It is correct that some Christians practice FGM. Indeed about 20% of global FGM is attributable to non-Muslims, for the most part Christians.<ref name=":0">[https://web.archive.org/web/20220224141553/https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/ What Percentage of Global FGM is done by Moslems?]</ref> | It is correct that some Christians practice FGM. Indeed about 20% of global FGM is attributable to non-Muslims, for the most part Christians.<ref name=":0">[https://web.archive.org/web/20220224141553/https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/ What Percentage of Global FGM is done by Moslems?]</ref> | ||
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</gallery> | </gallery> | ||
===Not All Muslims Practice FGM=== | ===Not All Muslims Practice FGM=== | ||
{{Quote|[ | {{Quote|[https://www.help-africanwomen.org/images/downloads/FGM-Themen/FGM-Was_steckt_dahinter-EN-web.pdf What is behind the tradition of FGM? | ||
Dr. Ashenafi Moges (2009)]|However, '''not all Muslims practise FGM''', for example, it is not practised in Saudi Arabia, Libya, Jordan, Turkey, Syria, the Maghreb countries of northwest Africa, Morocco, Iran and Iraq. All the Muslims in FGM practicing countries do not practice it, for example, in the case of Senegal where 94% of the population are Muslims only 20% practice FGM (Mottin-Sylla 1990). }}('''NB''' - since Dr Ashenafi Moges published the above-cited essay, FGM has been reported in Jordan, Syria, Iran and Iraq and many other Middle East countries. A study has found FGM-rates of 20% in Jeddah, Saudi Arabia<ref>[https://web.archive.org/web/20220224142953/https://www.middleeastmonitor.com/20190606-almost-1-in-5-women-in-saudi-subject-to-fgm/ Almost 1 in 5 women in Saudi subject to FGM] (2019)</ref>) | Dr. Ashenafi Moges (2009)]|However, '''not all Muslims practise FGM''', for example, it is not practised in Saudi Arabia, Libya, Jordan, Turkey, Syria, the Maghreb countries of northwest Africa, Morocco, Iran and Iraq. All the Muslims in FGM practicing countries do not practice it, for example, in the case of Senegal where 94% of the population are Muslims only 20% practice FGM (Mottin-Sylla 1990). }}('''NB''' - since Dr Ashenafi Moges published the above-cited essay, FGM has been reported in Jordan, Syria, Iran and Iraq and many other Middle East countries. A study has found FGM-rates of 20% in Jeddah, Saudi Arabia<ref>[https://web.archive.org/web/20220224142953/https://www.middleeastmonitor.com/20190606-almost-1-in-5-women-in-saudi-subject-to-fgm/ Almost 1 in 5 women in Saudi subject to FGM] (2019)</ref>) | ||
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===The FGM Hadith Are Weak=== | ===The FGM Hadith Are Weak=== | ||
{{Quote|[ | {{Quote|[https://rumahkitab.com/female-genital-mutilation-forbidden-islam-dar-al-ifta/ Female genital mutilation is forbidden in Islam: Dar Al-Ifta (2019)]|Highly-ranking Egyptian Muslim institution Dar Al-Ifta Al-Misriyyah recently confirmed in a press statement that female genital mutilation (FGM) is religiously forbidden due to it’s negative impact on physical and mental well-being. | ||
The statement came as a response to the Tadwin Center for Gender Studies, who has urged the Sheikh of Al-Azhar to reconsider unreliable fatwas released by some members of the faculty of Al-Azhar University who claim '''FGM is a religious necessity based on weak Hadith'''.}}Some of the FGM hadith are considered weak by some scholars and schools of Islam. | The statement came as a response to the Tadwin Center for Gender Studies, who has urged the Sheikh of Al-Azhar to reconsider unreliable fatwas released by some members of the faculty of Al-Azhar University who claim '''FGM is a religious necessity based on weak Hadith'''.}}Some of the FGM hadith are considered weak by some scholars and schools of Islam. | ||
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That some form of FGM was practiced by the Sahabah (Muhammad's Companions) is amply demonstrated by the hadith. The Hanbali, Maliki and Shafi'i schools of Islam all have as their principle [[Daleel|daleels]] (interpretative heuristics) the consideration of what the Sahabah did or thought (Ijma, Ijtihad and Amal). The deeds and words of the Muhammad's companions are therefore second only to the Quran and Sunnah in determining what is Islamic or not - and come into play when the Qur'an and Hadith don't resolve an issue. The Hanafi school is the exception since it ascribes a lesser importance to the deeds and words of the Sahabah - which may explain why the Hanafi madhab rules FGM as merely 'optional' and why Hanafi Muslims generally don't practice FGM.<ref>[https://www.academia.edu/39727001/FOUR_SCHOOLS_OF_SUNNI_LAW Four Schools of Sunni Law] - Fatima Tariq</ref> <ref>[https://www.academia.edu/35835897/ISLAMIC_JURISPRUDENCE_FIQH <nowiki>Islamic Jurisprudence [Fiqh]</nowiki>] - Tej Chopra</ref> | That some form of FGM was practiced by the Sahabah (Muhammad's Companions) is amply demonstrated by the hadith. The Hanbali, Maliki and Shafi'i schools of Islam all have as their principle [[Daleel|daleels]] (interpretative heuristics) the consideration of what the Sahabah did or thought (Ijma, Ijtihad and Amal). The deeds and words of the Muhammad's companions are therefore second only to the Quran and Sunnah in determining what is Islamic or not - and come into play when the Qur'an and Hadith don't resolve an issue. The Hanafi school is the exception since it ascribes a lesser importance to the deeds and words of the Sahabah - which may explain why the Hanafi madhab rules FGM as merely 'optional' and why Hanafi Muslims generally don't practice FGM.<ref>[https://www.academia.edu/39727001/FOUR_SCHOOLS_OF_SUNNI_LAW Four Schools of Sunni Law] - Fatima Tariq</ref> <ref>[https://www.academia.edu/35835897/ISLAMIC_JURISPRUDENCE_FIQH <nowiki>Islamic Jurisprudence [Fiqh]</nowiki>] - Tej Chopra</ref> | ||
===The Qur'an Forbids Mutilation=== | ===The Qur'an Forbids Mutilation=== | ||
{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report. | {{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam' Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)]|there is no verse in the Quran that can be used as evidence for [FGM]. On the contrary, '''there are several verses that strongly condemn any acts that negatively affect the human body in any way and interfere with Allah’s (SWT) creation without a justification'''. Examples include, “…and there is no changing Allah’s creation. And that is the proper religion but many people do not know” (Quran 30:30) and, “…and make not your own hands contribute to your destruction” (Quran 2:195) }}Islam forbids mutilations to the human body. However, Islam exempts from this interdiction those mutilation that it permits. | ||
{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam' - Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)]|the general rule is that | {{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam' - Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)]|the general rule is that | ||
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==='Circumcision' is not Mutilation=== | ==='Circumcision' is not Mutilation=== | ||
{{Quote|[ | {{Quote|[https://web.archive.org/web/20220224144331/https%3A%2F%2Ffemale-circumcision.com%2Fa-problem-of-definition-female-circumcision-vs-fgm%2F A Problem of Definition: Female Circumcision vs FGM]|The World Health Organisation’s biased classification of female circumcision as FGM from a perspective of harm is not supported by any scientific study. | ||
The limited, prescribed religious ritual of female circumcision has been regrettably deemed by the WHO to be a form of female genital mutilation [...] The classification of female circumcision as FGM “reinforces the image of female circumcision as a barbaric one, practiced by an uncivilised people.” Conflating the practice of female circumcision with mutilation prohibits any possibility of impartiality in considering the practice as a legitimate, protected religious rite.}} | The limited, prescribed religious ritual of female circumcision has been regrettably deemed by the WHO to be a form of female genital mutilation [...] The classification of female circumcision as FGM “reinforces the image of female circumcision as a barbaric one, practiced by an uncivilised people.” Conflating the practice of female circumcision with mutilation prohibits any possibility of impartiality in considering the practice as a legitimate, protected religious rite.}} | ||
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<nowiki/><nowiki/>'''<nowiki/><nowiki/><nowiki/>''' | <nowiki/><nowiki/>'''<nowiki/><nowiki/><nowiki/>''' | ||
===There Is No Record of Muhammad Having His Wives or Daughters Circumcised=== | ===There Is No Record of Muhammad Having His Wives or Daughters Circumcised=== | ||
{{Quote|[https://archive. | {{Quote|[https://web.archive.org/web/20220221050304/https%3A%2F%2Fcourtingthelaw.com%2F2016%2F04%2F28%2Fcommentary%2Fislam-and-female-genital-mutilation-fgm%2F Islam And Female Genital Mutilation (FGM)]|The Holy Prophet Muhammad (SAW) had four daughters and '''we have no strong sources to prove if even one of them was circumcised''', therefore it can be concluded that this practice has no strong reasons to be called as Islamic.}} | ||
The Qur'an, hadith and sirat contain no reference to Muhammad having his wives or daughters mutilated. | The Qur'an, hadith and sirat contain no reference to Muhammad having his wives or daughters mutilated. | ||
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FGM in Islamic cultures is matriarchal, taboo-ridden and secretive affair, usually arranged by female relatives. The hadith '[https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#Do_Not_Cut_Severely do not cut severely]' and '[https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#One_Who_Circumcises_Other_Ladies One who circumcises other ladies]' depict women performing the mutilation, not men. Male family members are excluded and may not even realise that their community engages in the practice.<ref>[https://web.archive.org/web/20220224150815/https://www.theguardian.com/commentisfree/2016/feb/08/victim-fgm-speaking-out-cut-genitals-culture-of-silence I’m a survivor of female genital cutting and I’m speaking out – as others must too - Maryum Saifee]</ref> | FGM in Islamic cultures is matriarchal, taboo-ridden and secretive affair, usually arranged by female relatives. The hadith '[https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#Do_Not_Cut_Severely do not cut severely]' and '[https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#One_Who_Circumcises_Other_Ladies One who circumcises other ladies]' depict women performing the mutilation, not men. Male family members are excluded and may not even realise that their community engages in the practice.<ref>[https://web.archive.org/web/20220224150815/https://www.theguardian.com/commentisfree/2016/feb/08/victim-fgm-speaking-out-cut-genitals-culture-of-silence I’m a survivor of female genital cutting and I’m speaking out – as others must too - Maryum Saifee]</ref> | ||
{{Quote|[ | {{Quote|[https://web.archive.org/web/20220224172652/https://fgmtruth.wordpress.com/2019/06/14/a-response-to-delinking-female-genital-mutilation-cutting-from-islam-part-2/ A Response to ‘Delinking Female Genital Mutilation/Cutting from Islam’ – part 2]|[...]brothers are often unaware that their sisters have been 'cut'. The author records a striking instance of this: an Omani undergraduate who was assisting his research into FGM, was stunned to read surveys reporting FGM-rates of between 75 to 95% in Oman, having assumed that his country was free of the practice. <ref>[https://www.researchgate.net/publication/326191394_Female_Genital_Mutilation_in_the_Middle_East_Placing_Oman_on_the_Map Female Genital Mutilation in the Middle East: Placing Oman on the Map, June 2018, Hoda Thabet & Azza Al-Kharousi]</ref> | ||
He was even more stunned when, on raising the issue with a sister, he learnt that she, his other sisters and his mother had all undergone FGM. }} | He was even more stunned when, on raising the issue with a sister, he learnt that she, his other sisters and his mother had all undergone FGM. }} | ||
===Muhammad Wanted to Forbid FGM but Couldn't=== | ===Muhammad Wanted to Forbid FGM but Couldn't=== | ||
{{Quote|1=[https://archive. | {{Quote|1=[https://web.archive.org/web/20180117181129/http://islamopediaonline.org:80/fatwa/grand-ayatollah-fadlalllahs-remarks-circumcision-women Grand Ayatollah Fadlalllah's remarks on the circumcision of women (2010)]|2='''Islam did not forbid [FGM] 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}}Nothing in the Qur'an Sirat or Hadith supports the claim that Muhammad ''<nowiki/>'had prevented people several times from circumcising women'.'' The nearest thing to this is a hadith in which Muhammad instructs a women performing FGM to moderate her cutting:{{Quote|1={{Abu Dawud|41|5251}}|2=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".}}Critics of this argument note that this hadith, when used as evidence that Muhammad approved of FGM, is treated as ''daif'' (weak). However, when (as here) used as evidence that he wanted to moderate the practice it is treated as ''sahih'' (authentic). Regardless of its level of authority this hadith is a textbook example of a tacit approval. | ||
However Muhammad's words are more advice than criticism. An analogy might be a consultant surgeon advising a junior surgeon to ''"not make too deep an incision in case you cut an artery"''. Such a statement does not imply that the consultant surgeon is against or critical of the surgical procedure in question - quite the contrary, such a statement show that the surgeon approves of the procedure. | However Muhammad's words are more advice than criticism. An analogy might be a consultant surgeon advising a junior surgeon to ''"not make too deep an incision in case you cut an artery"''. Such a statement does not imply that the consultant surgeon is against or critical of the surgical procedure in question - quite the contrary, such a statement show that the surgeon approves of the procedure. | ||
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His followers obeyed these new rules. How much more willingly would his followers have abandoned a practice that is harmful, and that must be distressing for loving parents to perform and witness? | His followers obeyed these new rules. How much more willingly would his followers have abandoned a practice that is harmful, and that must be distressing for loving parents to perform and witness? | ||
One can speculate how things would be different if in the Qur'an Muhammad had forbidden FGM with the same force he did alcohol, instead of approving of it in his words and deeds in the Hadith.{{Quote|1=[ | One can speculate how things would be different if in the Qur'an Muhammad had forbidden FGM with the same force he did alcohol, instead of approving of it in his words and deeds in the Hadith.{{Quote|1=[https://web.archive.org/web/20220224173517/https://islamqa.info/en/answers/6682/selling-alcohol-to-kaafirs Selling alcohol to kaafirs Islam Q&A 2000]|2=“[Mohammed] cursed alcohol and the one who drinks it, the one who sells it, the one who buys it, the one who carries it, the one to whom it is carried, the one who consumes its price, the one who squeezes the grapes and the one for whom they are squeezed.”}}Would Islam have allowed its followers to practice FGM for 1400 years? And would the Islamic world be as rife with FGM as it is today? | ||
==See Also== | ==See Also== | ||