Female Genital Mutilation in Islamic Law: Difference between revisions

The following hadith mentions circumcision (''khitan''), though is ambiguous as to whether male, female or both is intended (FGM proponents assume both). The concept of fitra in this hadith physically distinguished believers by various means from non-believers. The other concept of fitra that emerged in early Islam (and a closer match to how the word appears in {{Quran|30|30}}) is that every child is born upon fitrah, and then his parents make him Jew or Christian (see for example {{Muwatta|16||53}} or {{Bukhari|2|23|467}}.

{{Quote|1={{Bukhari|7|72|777}}; See also {{Muslim|2|495}}|2=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''' [الْخِتَانُ - khitan], shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”}}

{{Quote|1={{Muslim|3|684}}; see also {{Bukhari|1|5|289}}|2=Abu Musa reported: There cropped up a difference of opinion between a group of Muhajirs (Emigrants and a group of Ansar (Helpers) (and the point of dispute was) that the Ansar said: The bath (because of sexual intercourse) becomes obligatory only-when the semen spurts out or ejaculates. But the Muhajirs said: When a man has sexual intercourse (with the woman), a bath becomes obligatory (no matter whether or not there is seminal emission or ejaculation). Abu Musa said: Well, I satisfy you on this (issue). He (Abu Musa, the narrator) said: I got up (and went) to 'A'isha and sought her permission and it was granted, and I said to her: 0 Mother, or Mother of the Faithful, I want to ask you about a matter on which I feel shy. She said: Don't feel shy of asking me about a thing which you can ask your mother, who gave you birth, for I am too your mother. Upon this I said: What makes a bath obligatory for a person? She replied: You have come across one well informed! The Messenger of Allah (may peace be upon him) said: When anyone sits amidst four parts (of the woman) and the '''circumcised''' [الْخِتَانُ - khitan]  

{{Quote|1={{Abu Dawud|41|5251}}|2=Narrated Umm Atiyyah al-Ansariyyah: A woman used to perform '''circumcision''' [الْخِتَانُ - khitan] 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".

This hadith includes an exchange of insults between Meccan warriors and Muhammad's companions prior to the [[Battle of Uhud|battle of Uhud]]. {{Quote|1={{Bukhari|5|59|399}}|2=“[…] I went out with the people for the battle. When the army aligned for the fight, Siba’ came out and said, ‘Is there any (Muslim) to accept my challenge to a duel?’ Hamza bin `Abdul Muttalib came out and said, ‘O Siba’. O Ibn Um Anmar, '''the one who circumcises''' [أَنْمَارٍ مُقَطِّعَةِ الْبُظُورِ - muqaṭwiʿaẗi al-ْbuẓūri] other ladies! Do you challenge Allah and His Apostle?’ […]”}}أَنْمَارٍ مُقَطِّعَةِ الْبُظُورِ (muqaṭwiʿaẗi al-ْbuẓūri) translates as 'cutter of clitorises'.

[[File:Madhhabplusfgm.jpeg|alt=Maps showing distribution of madhaps and prevalence of FGM|thumb|Maps showing distribution of madhaps and prevalence of FGM|400x400px]]Only one school of Islam - the Shafi'i - makes FGM universally obligatory. The other schools of Islam recommend it with differing levels of obligation. Since nothing that Muhammad allowed can be prohibited, no school of Islam can forbid FGM. Differences in hermeneutics (methodologies of interpretation of texts, especially religious and philosophical texts) result in certain Hadith having more weight and influence in 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. However, 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.

{{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.