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→Arguments de-linking FGM from Islam
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{{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam'] by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)|'Shafi’i view it as wajib (obligatory) for both females and males'}} | {{Quote|[https://unfpa.org/sites/default/files/pub-pdf/De-linking%20FGM%20from%20Islam%20final%20report.pdf 'Delinking Female Genital Mutilation/Cutting from Islam'] by Ibrahim Lethome Asmani & Maryam Sheikh Abdi (2008)|'Shafi’i view it as wajib (obligatory) for both females and males'}} | ||
'Reliance of the Traveller' by by Ahmad ibn Naqib al-Misri (1302–1367) is the Classic Manual of Islamic Sacred Law according to Shafi'i School. {{Quote|''Reliance of the Traveler'' [''Umdat al-Salik''], Section e4.3 on Circumcision|'''Obligatory (on every male and female) is circumcision.''' (And it is the cutting-off of the skin [''qat' al-jaldah''] on the glans of the male member and, '''as for the circumcision of the female, that is the cutting-off of the clitoris')}} | 'Reliance of the Traveller' by by Ahmad ibn Naqib al-Misri (1302–1367) is the Classic Manual of Islamic Sacred Law according to Shafi'i School. {{Quote|''Reliance of the Traveler'' [''Umdat al-Salik''], Section e4.3 on Circumcision|'''Obligatory (on every male and female) is circumcision.''' (And it is the cutting-off of the skin [''qat' al-jaldah''] on the glans of the male member and, '''as for the circumcision of the female, that is the cutting-off of the clitoris')}}Nuh Ha Mim Keller's 1991 translation of Reliance of the Traveller is bowdlerised to make its content more acceptable to Western eyes and translates the word 'bazr' ( بَظْرٌ ) as 'clitorial prepuce' instead of simply 'clitoris' (see section [[#Defining Bazr|Defining Bazr)]]. | ||
===Hanbali Madhab=== | ===Hanbali Madhab=== | ||
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{{anchor|arguments}}Over the past 40 or so years, as a consequence of the scrutiny of the international community, and a heightened sensitivity to the rights of women and children, parts of the Islamic world have started to feel embarrassed about Islam's complicity with FGM. The parts of the Islamic word that feel this embarrassment are (of course) those parts that do not practice FGM. | {{anchor|arguments}}Over the past 40 or so years, as a consequence of the scrutiny of the international community, and a heightened sensitivity to the rights of women and children, parts of the Islamic world have started to feel embarrassed about Islam's complicity with FGM. The parts of the Islamic word that feel this embarrassment are (of course) those parts that do not practice FGM. | ||
The Hanafi school is the school of Islam under which there is the least incidence of FGM. Pakistani Muslims are generally Hanafi, and have, till recently, been the largest muslim diaspora to the West. Pakistanis are also frequently English-speaking. Both of which facts increase the prevalence in the West of the narrative that ''‘FGM is nothing to do with Islam’''. With increasing immigration to the West from Shafi’i countries (Somalia in particular) this narrative is harder to maintain since (as we shall see below) FGM is obligatory under Shafi’i Islam. | The Hanafi school is the school of Islam under which there is the least incidence of FGM. Pakistani Muslims are generally Hanafi, and have, till recently, been the largest muslim diaspora to the West. Pakistanis are also frequently English-speaking. Both of which facts increase the prevalence in the West of the narrative that ''‘FGM is nothing to do with Islam’''. With increasing immigration to the West from Shafi’i countries (Somalia in particular) this narrative is harder to maintain since (as we shall see below) FGM is obligatory under Shafi’i Islam.{{anchor|equivocation}} | ||
==== FGM not required by Islam ==== | ====FGM not required by Islam==== | ||
Since the 1990s Islamic scholars, clerics and other sources have issued fatwas and statements that appear to criticise, condemn and even forbid FGM. However, an alert reading of these reveals that they virtually all engage in some form of equivocation ('deliberate evasiveness in wording : the use of ambiguous or equivocal language') in order to appear to be more critical of FGM than they are. | Since the 1990s Islamic scholars, clerics and other sources have issued fatwas and statements that appear to criticise, condemn and even forbid FGM. However, an alert reading of these reveals that they virtually all engage in some form of equivocation ('deliberate evasiveness in wording : the use of ambiguous or equivocal language') in order to appear to be more critical of FGM than they are. | ||
Probably the most cited instance of this is a fatwa issued by Dr Ahmed Talib, the former Dean of the Faculty of Sharia at Al-Azhar University, the most prestigious university for Sunni Islamic learning. | Probably the most cited instance of this is a fatwa issued by Dr Ahmed Talib, the former Dean of the Faculty of Sharia at Al-Azhar University, the most prestigious university for Sunni Islamic learning. | ||
{{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.”}}After gaining our trust by forthrightly condemning FGM it could almost pass unnoticed that the implication of his final phrase (‘''it is not an obligation in Islam’'') is that, under Islam, FGM’s legitimacy may stop only just short of ‘obligatory’ - which, of course, could include ''‘highly recommended’''. There is a world of difference between something ''not being obligatory'' and something being ''forbidden:'' the fact something is not ‘obligatory’ in no way implies that it is undesirable, unacceptable or forbidden: owning a dog is not ‘obligatory’ – but that in no way implies that owning a dog is frowned on, discouraged or forbidden; giving to charity is valued, respected and encouraged but, like FGM in Islam, it is not ‘obligatory’. A fatwa may be adorned with much criticism and condemnation of FGM, but if all that criticism amounts to nothing more than a statement that ''‘FGM is not obligatory under Islam’'' – it merely reveals that the author of the fatwa was unable to state that ''‘FGM is forbidden under 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.”}}After gaining our trust by forthrightly condemning FGM it could almost pass unnoticed that the implication of his final phrase (‘''it is not an obligation in Islam’'') is that, under Islam, FGM’s legitimacy may stop only just short of ‘obligatory’ - which, of course, could include ''‘highly recommended’''. There is a world of difference between something ''not being obligatory'' and something being ''forbidden:'' the fact something is not ‘obligatory’ in no way implies that it is undesirable, unacceptable or forbidden: owning a dog is not ‘obligatory’ – but that in no way implies that owning a dog is frowned on, discouraged or forbidden; giving to charity is valued, respected and encouraged but, like FGM in Islam, it is not ‘obligatory’. A fatwa may be adorned with much criticism and condemnation of FGM, but if all that criticism amounts to nothing more than a statement that ''‘FGM is not obligatory under Islam’'' – it merely reveals that the author of the fatwa was unable to state that ''‘FGM is forbidden under Islam’''.{{anchor|noFGMQur}} | ||
==== there is no FGM in the Qur'an ==== | ====there is no FGM in the Qur'an==== | ||
see '''[[#quran|FGM in the Qur'an]]''' | see '''[[#quran|FGM in the Qur'an]]''' | ||
most of islam is not in the Qur'an | most of islam is not in the Qur'an{{anchor|before}} | ||
==== FGM existed before Islam ==== | ====FGM existed before Islam==== | ||
The underlying assumption of this argument is that ''if a practice existed before Islam then it can not be Islamic''. Most of what constitutes Islam is not original to Islam. Muhammad took what was a secular practice and sacralised it.{{anchor|african}} | |||
The underlying assumption of this argument is that ''if a practice existed before Islam then it can not be Islamic''. Most of what constitutes Islam is not original to Islam. Muhammad took what was a secular practice and sacralised it. | |||
==== FGM is an African practice ==== | ====FGM is an African practice==== | ||
{{anchor| | {{anchor|christians2}} | ||
==== Christians practice FGM too ==== | ====Christians practice FGM too==== | ||
The underlying assumption of this argument is that ''if Christians engage in a practice then it can not be Islamic. This would mean that what is 'islamic' depends on what non-Muslims think and do.'' | The underlying assumption of this argument is that ''if Christians engage in a practice then it can not be Islamic. This would mean that what is 'islamic' depends on what non-Muslims think and do.'' | ||
fgm in europe (show map) | fgm in europe (show map){{anchor|notall}} | ||
==== not all muslims practice FGM ==== | ====not all muslims practice FGM==== | ||
The underlying assumption of this argument is that ''only those practices which all Muslims engage in can be Islamic.'' | The underlying assumption of this argument is that ''only those practices which all Muslims engage in can be Islamic.'' | ||
First, as is clear from above the baseline stance that Islam takes on FGM is that it can't be forbiden. For a practice such as FGM this is not the correct base line - a parallel would be a religion that allows murder or rape. | First, as is clear from above the baseline stance that Islam takes on FGM is that it can't be forbiden. For a practice such as FGM this is not the correct base line - a parallel would be a religion that allows murder or rape. | ||
Second, there are many practices in Islam that are optional. | Second, there are many practices in Islam that are optional.{{anchor|weak}} | ||
==== the FGM Hadith are weak ==== | ====the FGM Hadith are weak==== | ||
bukhjari and muslim | bukhjari and muslim | ||
weak hadith can be used if supported by stronger hadith | weak hadith can be used if supported by stronger hadith{{anchor|Qforbids}} | ||
{{anchor|Qforbids}} | |||
==== | ====the Qur'an forbids mutilation==== | ||
{{anchor|wivesnd}} | {{anchor|wivesnd}} | ||
==== Muhammad | ====There is no record of Muhammad having his wives or daughters circumcised==== | ||
{{anchor|couldnot}} | {{anchor|couldnot}} | ||
====Muhammad wanted to forbid FGM but couldn't==== | |||
The same argument is made for Islam's relationshuip with slavery. But one can wonder given that the hadith have him approving of FGM and owning, trading a and capturing slaves - one can ask how much faster the hadith and Qur'an - the Qur'an's and hadith's approval of FGM and slavery have been a major factor in the justification of perpetuation of the practice. One can speculate whether FGM would still be endemic to the Islamic world if the Qur'an contained a single verse explicitly forbidding it, or if there were not FGM in the ahdith. | The same argument is made for Islam's relationshuip with slavery. But one can wonder given that the hadith have him approving of FGM and owning, trading a and capturing slaves - one can ask how much faster the hadith and Qur'an - the Qur'an's and hadith's approval of FGM and slavery have been a major factor in the justification of perpetuation of the practice. One can speculate whether FGM would still be endemic to the Islamic world if the Qur'an contained a single verse explicitly forbidding it, or if there were not FGM in the ahdith. | ||