Female Genital Mutilation in Islamic Law: Difference between revisions

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[[File:712px-fgc types-ii.svg .jpg|thumb|274x274px|Female Genital Mutilation]]
[[File:712px-fgc types-ii.svg .jpg|thumb|274x274px|Female Genital Mutilation]]
'''Female Genital Mutilation''' (Arabic: ختان المرأة) is the practice of cutting away and altering the external female genitalia for ritual or religious purposes. It can involve both or either '''Clitoridectomy''': the amputation of part or all of the clitoris (or the removal of the clitoral prepuce) and/or '''Excision''': the cutting away of either or both the inner or outer labia. '''Infibulation''' is the paring back of the outer labia, whose cut edges are then stitched together to form, once healed, a seal that covers both the openings of the vagina and the urethra.  
'''Female Genital Mutilation''' (Arabic: ختان المرأة) is the practice of cutting away and altering the external female genitalia for ritual or religious purposes. It can involve both or either '''Clitoridectomy ('''the amputation of part or all of the clitoris or the removal of the clitoral prepuce) and/or '''Excision ('''the cutting away of either or both the inner or outer labia). '''Infibulation''' is the paring back of the outer labia, whose cut edges are then stitched together to form, once healed, a seal that covers both the openings of the vagina and the urethra.  


UNICEF's 2016 report into FGM estimates that in the 30 countries surveyed at least 200 million girls and women have undergone FGM.<ref>UNICEF [https://www.unicef.org/media/files/FGMC_2016_brochure_final_UNICEF_SPREAD.pdf Female Genital Mutilation/Cutting: a Global Concern (2016)]</ref> This means that about one in twenty women world-wide have undergone FGM. About 80% of FGM is attributable to Muslims.<ref name=":2">[http://archive.today/2021.04.09-040325/https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/ What Percentage of Global FGM is done by Moslems ?]</ref> This means that at least one in five Muslim women worldwide have been genitally mutilated (compared to about one in eighty non-Muslim women).[[File:Fgmmuslimmap.jpg|alt=World maps comparing distributions of FGM and of Muslims|thumb|World maps comparing distributions of FGM and of Muslims|link=|left]]The Qur'an contains no explicit mention of FGM. However, Quran 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]])
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 [[User:Flynnjed/Sandbox#FGM%20in%20the%20Hadith|FGM in the Hadith]]). 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]]).


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 record the [[sahabah]] (Companions of Mohammed) engaging in the practice. (see [[User:Flynnjed/Sandbox#FGM%20in%20the%20Hadith|FGM in the Hadith]])
The hadith give very few clues as to ''the nature'' of what Muhammad approved of and Sahabah engaged in. Consequently the practice of FGM varies greatly between communities and countries. The most significant determinant of the nature and incidence of FGM 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 (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law]]).


Several hadith report Muhammad (and his companions) approving of FGM. But these hadith give very few clues as to ''the nature'' of what he was approving. Consequently the practice of FGM varies greatly from community to community and country to country, depending mostly on the presiding school of Islam (fiqh). Other factors determining the nature and incidence of FGM are 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 and colonization. (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law]])
Islamic law also implicitly favors FGM by creating social conditions that 1/ make the practice useful or necessary, and 2/ normalise it. [[Polygamy in Islamic Law|Polygyny]] (which Islam encourages) creates sexually violent societies which put girls and women at a heightened risk of rape or abduction. In response to this the community develops practices which safeguard the 'purity', chastity and reputation of its girls and women. FGM is such a practice - as are [[Child Marriage in Islamic Law|child marriage]], gender segregation and purdah, arranged marriages, chaperoning, veiling, 'honour' culture, bride-price ([[Mahr (Marital Price)|mahr]]) and footbinding.<ref>'[http://webarchiv.ethz.ch/soms/teaching/OppFall09/MackieFootbinding.pdf 'Ending Footbinding and Infibulation: A Convention Account' -  Gerry Mackie (1996)]</ref> Islam's legitimisation of slavery, especially [[Rape in Islamic Law|sex slavery]], also has a significant role in the nature, incidence and distribution of FGM.<!-- add link to sociology section in 'FGM in Islam' -->


In addition to Islamic law ''explicitly'' advocating FGM, other aspects of Islamic law also favor FGM by creating social conditions that normalise FGM, and make the practice useful or necessary. [[Polygamy in Islamic Law|Polygyny]], which is permitted in Islam, creates sexually violent societies in which girls and women are at a heightened risk of rape or abduction. The community responds to this heightened risk by developing practices which safeguard the 'purity', chastity and reputation of its girls and women. FGM is such a practice, as are [[Child Marriage in Islamic Law|child marriage]], gender segregation and purdah, arranged marriages, chaperoning, veiling, 'honour' culture, bride-price ([[Mahr (Marital Price)|mahr]]) and footbinding. Islam's legitimisation of slavery, especially [[Rape in Islamic Law|sex slavery]], appears to also have a significant role in the nature, incidence and distribution of FGM.<!-- add link to sociology section in 'FGM in Islam' -->
Traditional scholars all allow, recommend or mandate FGM (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law)]]. Whilst most modern fatwas favour FGM, there has been, over the past half century, a growing unease in the Islamic world concerning the practice (due to a growing concern on the part of organisations such as the UN and UNICEF). This has resulted in some fatwas critical of FGM. It appears that the earliest fatwa clearly critical of FGM was issued in 1984.<ref name=":1">p54 [https://books.google.fr/books?id=qof6J4n1860C&pg=PA54&lpg=PA54&dq=Sheikh+Abu-Sabib+1984&source=bl&ots=-apLOOha6B&sig=dpINFFLI-N9KO8_FmEET-MDFKbI&hl=en&sa=X&ved=2ahUKEwiXh5Gi5OfcAhVOyoUKHeSgDWUQ6AEwC3oECAgQAQ#v=onepage&q=Sheikh%20Abu-Sabib%201984&f=false "Sexual Mutilations: A Human Tragedy" By International Symposium On Sexual Mutiliations 1996]</ref> (see [[Female Genital Mutilation in Islamic Law#Critical|Modern Fatwas: Critical]])
 
There exist numerous fatwas supporting and commanding FGM. Traditional scholars all allow, recommend or mandate FGM. (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law)]]
 
It appears that most modern fatwas support the practice. However, there has been, over the past half century, a growing unease in the Islamic world concerning the practice (due to a growing awareness of the practice by organisations such as the UN and UNICEF). This has resulted in some fatwas critical of FGM. It appears that the earliest fatwa clearly critical of FGM was issued in 1984.<ref name=":1">p54 [https://books.google.fr/books?id=qof6J4n1860C&pg=PA54&lpg=PA54&dq=Sheikh+Abu-Sabib+1984&source=bl&ots=-apLOOha6B&sig=dpINFFLI-N9KO8_FmEET-MDFKbI&hl=en&sa=X&ved=2ahUKEwiXh5Gi5OfcAhVOyoUKHeSgDWUQ6AEwC3oECAgQAQ#v=onepage&q=Sheikh%20Abu-Sabib%201984&f=false "Sexual Mutilations: A Human Tragedy" By International Symposium On Sexual Mutiliations 1996]</ref> (see [[Female Genital Mutilation in Islamic Law#Critical|Modern Fatwas: Critical]])


It should be noted that those who practice FGM refer to it as '''Female Circumcision''' rather than '''Female Genital Mutilation.''' Most of the fatwas reproduced on this page are translations. Where this is the case it is likely that the term used is the translator's choice, rather than that of the fatwa's originator.  
It should be noted that those who practice FGM refer to it as '''Female Circumcision''' rather than '''Female Genital Mutilation.''' Most of the fatwas reproduced on this page are translations. Where this is the case it is likely that the term used is the translator's choice, rather than that of the fatwa's originator.  
==FGM in the Hadith==
==FGM in the Hadith==
{{anchor|hadith}}FGM is mentioned (at least) seven times in the 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.
{{anchor|hadith}}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.
===Hadith: Muhammad===
===Hadith: Muhammad===
All the hadith Muhammad use the word ''khitan'' (الْخِتَانُ) for FGM.
====The fitrah is five things====
====The fitrah is five things====
{{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 - al-khitanu], shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”}}Hadith methodology dictates that if it is not mentioned specifically or if the pronouns do not point to a certain gender, then the hadith is valid for both sexes (either directly or by analogy, or ''qiyas'', in the case of women). Hence, this hadith is applicable for both men and women.
{{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.”}}Hadith methodology dictates that if it is not mentioned specifically or if the pronouns do not point to a certain gender, then the hadith is valid for both sexes (either directly or by analogy, or ''qiyas'', in the case of women). Hence, this hadith is applicable for both men and women.


====A preservation of honor for women====
====A preservation of honor for women====
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The following two hadiths come from Al-Adab Al-Mufrad. This is a collection of hadith about the manners of Muhammad and his companions, compiled by the Islamic scholar al-Bukhari. It contains 1,322 hadiths, most of which focus on Muhammad's companions rather than Muhammad himself. Al-Bukhari's evaluation of the hadiths within ''al-Adab al-Mufrad'' was not as rigorous as for his best-known collection ''[[Sahih Bukhari]]''. The Adab have less doctrinal authority than hadith featuring Muhammad. However, scholars have ruled most of the hadith in the collection as being ''sahih'' (authentic) or ''hasan'' (sound).
The following two hadiths come from Al-Adab Al-Mufrad. This is a collection of hadith about the manners of Muhammad and his companions, compiled by the Islamic scholar al-Bukhari. It contains 1,322 hadiths, most of which focus on Muhammad's companions rather than Muhammad himself. Al-Bukhari's evaluation of the hadiths within ''al-Adab al-Mufrad'' was not as rigorous as for his best-known collection ''[[Sahih Bukhari]]''. The Adab have less doctrinal authority than hadith featuring Muhammad. However, scholars have ruled most of the hadith in the collection as being ''sahih'' (authentic) or ''hasan'' (sound).
=====Someone to Amuse Them=====
=====Someone to Amuse Them=====
{{Quote|1=[http://archive.today/2016.08.04-024338/http://sunnah.com/urn/2212030 Al-Adab Al-Mufrad 53:1247]|2=“Umm ‘Alqama related that when the daughters of ‘A’isha’s brother were '''circumcised''' [اخْتُتِنَّ - aẖْtutinwa], ‘A’isha was asked, “Shall we call someone to amuse them?” “Yes,” she replied. ‘Adi was sent for and he came to them. ‘A’isha passed by the room and saw him singing and shaking his head in rapture – and he had a large head of hair. ‘Uff!’ she exclaimed, ‘A shaytan! Get him out! Get him out!'””}}The word used for 'circumcised' has ''khitan'' as its root.
{{Quote|1=[http://archive.today/2016.08.04-024338/http://sunnah.com/urn/2212030 Al-Adab Al-Mufrad 53:1247]|2=“Umm ‘Alqama related that when the daughters of ‘A’isha’s brother were '''circumcised''' [اخْتُتِنَّ - khitan], ‘A’isha was asked, “Shall we call someone to amuse them?” “Yes,” she replied. ‘Adi was sent for and he came to them. ‘A’isha passed by the room and saw him singing and shaking his head in rapture – and he had a large head of hair. ‘Uff!’ she exclaimed, ‘A shaytan! Get him out! Get him out!'””}}
 
=====Go and Circumcise Them and Purify Them=====
=====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'.
{{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==
==FGM in the Qur'an==
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'''.
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/><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 turn to hadith which make use of the word. The hadith which offers the clearest explanation is one already mentioned in the previous section.{{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.”}}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 ('Someone to Amuse Them' and '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 ('The fitrah is five things, including circumcision', 'A preservation of honor for women' and 'When the circumcised parts touch each other') use the word 'khitan to refer to ''both'' FGM and Male Circumcision.
Two other hadith ([[User:Flynnjed/Sandbox2#Someone to Amuse Them|Someone to Amuse Them]] and [[User:Flynnjed/Sandbox2#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/Sandbox2#The fitrah is five things|The fitrah is five things]], [[User:Flynnjed/Sandbox2#A preservation of honor for women|A preservation of honor for women]] and [[User:Flynnjed/Sandbox2#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, in the hadith the word '<nowiki/>''khitan'<nowiki/>'' refers to FGM, or to Male Circumcision, or to both. According to traditional interpretive methodology, {{Quran|30|30}} by requiring one to ''<nowiki/>'adhere to the fitrah''' indirectly, but ineluctably, 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.
==FGM in Islamic law==
==FGM in Islamic law==
[[File:Madhhabplusfgm.jpeg|alt=Maps showing distribution of madhaps and prevalence of FGM|thumb|Maps showing distribution of madhaps and prevalence of FGM|link=https://wikiislam.net/wiki/File:Madhhabplusfgm.jpeg]]{{Main|Female Genital Mutilation in Islamic Law|l1=Female Genital Mutilation in Islamic Law}}
[[File:Madhhabplusfgm.jpeg|alt=Maps showing distribution of madhaps and prevalence of FGM|thumb|Maps showing distribution of madhaps and prevalence of FGM|link=https://wikiislam.net/wiki/File:Madhhabplusfgm.jpeg]]{{Main|Female Genital Mutilation in Islamic Law|l1=Female Genital Mutilation in Islamic Law}}
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