User:Flynnjed/Sandbox: Difference between revisions

no edit summary
No edit summary
No edit summary
Line 14: Line 14:
FGM long predates Islam. The [[Banu Qurayza|Banu Quraysh]], Muhammad's native tribe, appear to have engaged in the practice (see [[User:Flynnjed/Sandbox#FGM before Islam|FGM before Islam]]). 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]])   
FGM long predates Islam. The [[Banu Qurayza|Banu Quraysh]], Muhammad's native tribe, appear to have engaged in the practice (see [[User:Flynnjed/Sandbox#FGM before Islam|FGM before Islam]]). 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]])   


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 FGM in the Qur'an)   
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 [[User:Flynnjed/Sandbox#FGM in the Qur.27an|FGM in the Qur'an]])   


The practice of FGM varies greatly from community to community and country to country (unlike Islamic male circumcision, the nature of which is uniform around the world). This is because the procedure of male circumcision is precisely described in Genesis. Several hadith report Muhammad (and his companions) approving of FGM, but they 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, possibly according to community's level of anxiety around female sexuality, its proximity to Islamic slave-trade routes (Infibulation is associated with the transportation of slaves), the presiding school of Islam (fiqh), and the nature and degree of historical Christian influence and colonization. ( see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law]])   
The practice of FGM varies greatly from community to community and country to country (unlike Islamic male circumcision, the nature of which is uniform around the world). This is because the procedure of male circumcision is precisely described in Genesis. Several hadith report Muhammad (and his companions) approving of FGM, but they 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 largely on the presiding school of Islam (fiqh), but also according to 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]])   


In addition to Islamic law that ''explicitly'' addresses FGM, Islamic law favors FGM by creating social conditions that normalise FGM and that make the practice useful or even necessary. [[Polygamy in Islamic Law|Polygyny]] (the marriage of a man to several women) is permitted in Islam and creates sexually violent societies in which girls and women are at a heightened risk. In response to this heightened risk polygynous societies develop 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, 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. (see [[User:Flynnjed/Sandbox#The%20sociology%20of%20FGM|The sociology of FGM]])   
In addition to Islamic law that ''explicitly'' addresses FGM, Islamic law favors FGM by creating social conditions that normalise FGM and that make the practice useful or necessary. [[Polygamy in Islamic Law|Polygyny]] (the marriage of a man to several women) is permitted in Islam and creates sexually violent societies in which girls and women are at a heightened risk. In response to this heightened risk polygynous societies develop 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, 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. (see [[User:Flynnjed/Sandbox#The%20sociology%20of%20FGM|The sociology of FGM]])   


There exist numerous fatwas supporting and commanding the practice. Traditional scholars all either allow, recommend or mandate FGM (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law)]]. However, over the past half century there has been a growing unease in the Islamic world concerning the practice (largely attributable to a growing awareness of the practice by organisations such as the UN and UNICEF). The earliest fatwa that is clearly critical of FGM appears to have been 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 [[User:Flynnjed/Sandbox#Modern%20Fatwas|Modern Fatwas]] and [[User:Flynnjed/Sandbox#FGM%20as%20Un-Islamic|FGM as Un-Islamic]])
There exist numerous fatwas supporting and commanding the practice. Traditional scholars all allow, recommend or mandate FGM. (see [[User:Flynnjed/Sandbox#FGM%20in%20Islamic%20law|FGM in Islamic law)]].  


Those who practice FGM often refer to it as '''Female Circumcision''' rather than '''Female Genital Mutilation'''. The word 'mutilation' having negative connotations. {{Quran|30|30}} forbids mutilation. However Islamic law makes exceptions for mutilations it allows e.g. amputation of limbs of thieves ({{Quran|5|38}}) and male circumcision, as well as mutilations that lead to death, such as beheading, crucifixion and stoning.
Whilst most modern fatwas support the practice, there has been, over the past half century a growing unease in the Islamic world concerning the practice (largely attributable to a growing awareness of the practice by organisations such as the UN and UNICEF). The earliest fatwa that is clearly critical of FGM appears to have been 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 [[User:Flynnjed/Sandbox#Modern%20Fatwas|Modern Fatwas]] and [[User:Flynnjed/Sandbox#FGM%20as%20Un-Islamic|FGM as Un-Islamic]])
 
Those who practice FGM often refer to it as '''Female Circumcision''' rather than '''Female Genital Mutilation'''. The word 'mutilation' having negative connotations, since {{Quran|30|30}} forbids mutilation. However Islamic law makes exceptions for mutilations it allows e.g. amputation of limbs of thieves ({{Quran|5|38}}) and male circumcision, as well as mutilations that lead to death, such as beheading, crucifixion and stoning.


==FGM in the Hadith==
==FGM in the Hadith==
{{anchor|hadith}}FGM is mentioned (at least) [[Qur'an, Hadith and Scholars:Female Genital Mutilation|seven times in the Hadith]]. Four report Muhammad approving of FGM and two report [[Sahabah]] (Muhammad's companions) participating in FGM. The remaining, seventh, hadith has little import doctrinally, but is of linguistic, historical and sociological interest.   
{{anchor|hadith}}FGM is mentioned (at least) [[Qur'an, Hadith and Scholars:Female Genital Mutilation|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.   


===Hadith: Muhammad and FGM===
===Hadith: Muhammad and FGM===
Line 61: Line 63:
{{Quote|[http://archive.today/2021.04.09-044937/https://sunnah.com/urn/2212010 Al-Adab Al-Mufrad 53:1245]|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 them and purify them'''.'"}}
{{Quote|[http://archive.today/2021.04.09-044937/https://sunnah.com/urn/2212010 Al-Adab Al-Mufrad 53:1245]|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 them and purify them'''.'"}}
==FGM in the Qur'an==
==FGM in the Qur'an==
{{anchor|quran}}There is no explicit reference to Female Genital Mutilation in the Qur'an.  
{{anchor|quran}}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/>''{{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'<nowiki/>'' appears only this once in the Qur'an, and is left undefined and unexplained. To know what ''<nowiki/>'fitrah''' means, traditional scholars turn to the hadith which make use of the word. 


However, the {{Quran|30|30}} requires Muslims to ''<nowiki/>'adhere to the fitrah'''. 
The hadith which offers the clearest explanation is one already mentioned in the previous section.   
{{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'<nowiki/>'' appears only this once in the Qur'an, and is left undefined and unexplained. To know what ''<nowiki/>'fitrah''' means, traditional scholars turn to the hadith which make use of the word. 
 
The hadith which offers the clearest explanation is the one 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'' for 'circumcision'.   
{{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'' for 'circumcision'.   
Line 72: Line 72:
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 ('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.   


Thus, in the hadith the word '<nowiki/>''khitan'<nowiki/>'' is taken to refer to FGM, or to Male Circumcision, or to both. Accordingly, to traditional interpretive methodology, {{Quran|30|30}} by requiring one to ''<nowiki/>'adhere to the fitrah''' indirectly, but ineluctably, advocates FGM.
Thus, in the hadith the word '<nowiki/>''khitan'<nowiki/>'' is taken to refer 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.


''<nowiki/><nowiki/>''
''<nowiki/><nowiki/>''
Line 79: Line 79:
A [[Madh'hab]] (مذهب) is a school of [[Islamic law]] or [[fiqh]] (Islamic jurisprudence). Within [[Sunni]] Islam there are four mainstream schools of thought, which are accepted by one another, there is also the [[Shiite|Shi'ite]] school of fiqh. The various schools of Islamic law all developed as theologians and jurists debated among themselves more than a hundred years after [[Muhammad's Death|Muhammad's death]] on how to identify and interpret what Muhammad had left behind by way of oral traditions. The five major schools of Islamic law agree on many things. Adherence to a school of Islamic law appears to be more a matter of geography than conscience.
A [[Madh'hab]] (مذهب) is a school of [[Islamic law]] or [[fiqh]] (Islamic jurisprudence). Within [[Sunni]] Islam there are four mainstream schools of thought, which are accepted by one another, there is also the [[Shiite|Shi'ite]] school of fiqh. The various schools of Islamic law all developed as theologians and jurists debated among themselves more than a hundred years after [[Muhammad's Death|Muhammad's death]] on how to identify and interpret what Muhammad had left behind by way of oral traditions. The five major schools of Islamic law agree on many things. Adherence to a school of Islamic law appears to be more a matter of geography than conscience.


All schools of Islam favour FGM, but with varying levels of compulsion. No school of Islam can forbid FGM since nothing that Muhammad allowed can be prohibited. Contemporary scholars, however, are adept at phrasing fatwas in such a way as to appear to criticise or condemn FGM whilst at the same time not forbidding it (see section on [[#equivocation|Equivocation]] below).
All schools of Islam favour FGM, but with varying levels of compulsion. No school of Islam can forbid FGM since nothing that Muhammad allowed can be prohibited. Contemporary scholars, however, are adept at phrasing fatwas in such a way as to appear to criticise or condemn FGM whilst stopping well short of forbidding it. (see section on [[#equivocation|Equivocation]] below).
 
Differences in hermeneutics (methodologies of interpretation of texts, especially religious and philosophical texts) result in certain Hadith having more weight and influence with 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]]) – possibly explaining the lower rates of FGM amongst followers of these schools.Some prominent modern Islamic scholars have dissented from the otherwise favorable consensus of the Islamic tradition, and ruled it to be unlawful.
 
Only one school of Islam - the Shafi'i - make FGM unequivocally obligatory. The other schools of Islam recommend it with differing levels of enthusiasm (though the Hanbali school's position is more ambiguous). It may be that followers of the Hanafi and Maliki 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.  


  Differences in hermeneutics (methodologies of interpretation of texts, especially religious and philosophical texts) result in certain Hadith having more weight and influence with 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. 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.
===Maliki Madhab===
===Maliki Madhab===
The Maliki school was founded by Malik ibn Anas in the 8th century, who ruled that FGM is recommended, but not obligatory.
The Maliki school was founded by Malik ibn Anas in the 8th century, who ruled that FGM is recommended, but not obligatory.
Line 99: Line 92:
{{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)|The Hanafi view is that it is a sunnah (optional act) 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)|The Hanafi view is that it is a sunnah (optional act) for both females and males}}


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 (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 (see below) FGM is obligatory under Shafi’i Islam.


{{Quote|Al-Musuli (died 1284, hanafite)|Circumcision is sunnah and fitrah. For women, circumcision is makrumah. If the inhabitants of a country reach a unanimous decision to abandon circumcision, the Imam has to wage war against them as it is one of the rituals and a specificity of Islam.}}
{{Quote|Al-Musuli (died 1284, hanafite)|Circumcision is sunnah and fitrah. For women, circumcision is makrumah. If the inhabitants of a country reach a unanimous decision to abandon circumcision, the Imam has to wage war against them as it is one of the rituals and a specificity of Islam.}}


===Shafi'i Madhab===
===Shafi'i Madhab===
The Shafi’i school was founded by the Arab scholar Al-Shafi‘i in the early 9th century. The Shafi’i school rejects two interpretative heuristics that are accepted by other major schools of Islam: Istihsan (juristic preference) and Istislah (public interest), heuristics by which compassion and welfare can be integrated into Islamic law-making. Female genital mutilation (FGM) is obligatory in the Shafi'i madhab. Infibulation, the most extreme form of FGM practiced under Islam, is almost entirely attributable to followers of the Shafi'i school of fiqh.  
The Shafi’i school was founded by the Arab scholar Al-Shafi‘i in the early 9th century. The Shafi’i school rejects two interpretative heuristics that are accepted by other major schools of Islam: Istihsan (juristic preference) and Istislah (public interest), heuristics by which compassion and welfare can be integrated into Islamic law-making. Female genital mutilation (FGM) is obligatory in the Shafi'i madhab. Infibulation, the most severe form of FGM practiced under Islam, is almost entirely attributable to followers of the Shafi'i school of fiqh.  


{{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')'''}}Nuh Ha Mim Keller's 1991 translation of 'Reliance of the Traveller' translates the word 'bazr' ( بَظْرٌ ) as 'clitorial prepuce' instead of simply 'clitoris'.<ref>[https://archive.org/details/RelianceOfThetraveller/New%20Folder/RelianceOfThetraveller_by_AhmadIbnNaqib-al-misri_english-arabic/page/n77/mode/2up Reliance Of The traveller (عمدة السالك وعدة الناسك) By Ahmad Ibn Naqib Al Misri English Arabic]</ref> This is disputed because i. the usage is obscure and ii. it would leave traditional Arabic without a word for 'clitoris'.<ref>[http://archive.today/2021.04.09-042436/https://ejtaal.net/aa/%23hw4=h92,ll=259,ls=h5,la=h306,sg=h149,ha=h56,br=h124,pr=h26,aan=h73,mgf=h108,vi=h76,kz=h149,mr=h80,mn=h93,uqw=h174,umr=h122,ums=h91,umj=h75,ulq=h387,uqa=h55,uqq=h31,bdw=h102,amr=h66,asb=h65,auh=h200,dhq=h57,mht=h49,msb=h28,tla=h30,amj=h63,ens=h1,mis=h1 '''بعث''' | Lane's Lexicon, page 222]</ref>
'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' translates the word 'bazr' ( بَظْرٌ ) as 'clitorial prepuce' instead of simply 'clitoris'.<ref>[https://archive.org/details/RelianceOfThetraveller/New%20Folder/RelianceOfThetraveller_by_AhmadIbnNaqib-al-misri_english-arabic/page/n77/mode/2up Reliance Of The traveller (عمدة السالك وعدة الناسك) By Ahmad Ibn Naqib Al Misri English Arabic]</ref> This is disputed because 1/ the usage is obscure and 2/ it leaves Arabic without a word for 'clitoris'.<ref>[http://archive.today/2021.04.09-042436/https://ejtaal.net/aa/%23hw4=h92,ll=259,ls=h5,la=h306,sg=h149,ha=h56,br=h124,pr=h26,aan=h73,mgf=h108,vi=h76,kz=h149,mr=h80,mn=h93,uqw=h174,umr=h122,ums=h91,umj=h75,ulq=h387,uqa=h55,uqq=h31,bdw=h102,amr=h66,asb=h65,auh=h200,dhq=h57,mht=h49,msb=h28,tla=h30,amj=h63,ens=h1,mis=h1 '''بعث''' | Lane's Lexicon, page 222]</ref>


===Hanbali Madhab===
===Hanbali Madhab===
Line 123: Line 116:


====Ismaili====
====Ismaili====
FGM appears to be endemic to the Dawoodi Bohras<ref>[http://archive.today/2021.04.09-044009/https://scroll.in/article/867572/reminder-to-government-new-study-confirms-widespread-female-genital-cutting-among-bohra-muslims Reminder to government: New study confirms widespread female genital cutting among Bohra Muslims]</ref> – an Ismaili sect found in India, Saudi Arabia, Pakistan, Yemen and East Africa. Their current spiritual leader has recommended FGM as being necessary for purity and to avoid sin.
FGM appears to be common amongst the Dawoodi Bohras<ref>[http://archive.today/2021.04.09-044009/https://scroll.in/article/867572/reminder-to-government-new-study-confirms-widespread-female-genital-cutting-among-bohra-muslims Reminder to government: New study confirms widespread female genital cutting among Bohra Muslims]</ref> – an Ismaili sect found in India, Saudi Arabia, Pakistan, Yemen and East Africa. Their current spiritual leader has recommended FGM as being necessary for purity and to avoid sin.{{Quote|Al-Nazawi (died 1162, ibadite)|Circumcision is obligatory for every Muslim…. If somebody refuses to submit to circumcision after being ordered to do, he should be killed if he exaggerates in delaying. Circumcision is not obligatory for women but they are ordered to submit to circumcision in honor of their husbands. Women are not obliged as circumcision for women is makrumah and for men it is sunnah, and some said it is faridah (obligation).}}
 
In 2017 two doctors and a third woman connected to the Dawoodi Bohra in Detroit, Michigan, were arrested on charges of conducting FGM on two seven-year-old girls in the United States. Their Attorney confirmed that FGM was, for her clients, a religious practice<ref>[http://archive.today/2021.04.09-044404/https://edition.cnn.com/2017/04/26/health/fgm-indictment-michigan/index.html Prosecutor: 'Brutal' genital mutilation won't be tolerated in US]</ref>:
 
{{Quote|[http://archive.today/2021.04.09-044404/https://edition.cnn.com/2017/04/26/health/fgm-indictment-michigan/index.html 'Prosecutor: 'Brutal' genital mutilation won't be tolerated in US' - CNN]|They have a [right] to practice their religion. And they are Muslims and they’re being under attack for it. I believe that they are being persecuted because of their religious beliefs}}{{Quote|Al-Nazawi (died 1162, ibadite)|Circumcision is obligatory for every Muslim…. If somebody refuses to submit to circumcision after being ordered to do, he should be killed if he exaggerates in delaying. Circumcision is not obligatory for women but they are ordered to submit to circumcision in honor of their husbands. Women are not obliged as circumcision for women is makrumah and for men it is sunnah, and some said it is faridah (obligation).}}


In 2017 two doctors and a third woman connected to the Dawoodi Bohra in Detroit, Michigan, were arrested on charges of conducting FGM on two seven-year-old girls in the United States. Their Attorney confirmed that FGM was, for her clients, a religious practice<ref>[http://archive.today/2021.04.09-044404/https://edition.cnn.com/2017/04/26/health/fgm-indictment-michigan/index.html Prosecutor: 'Brutal' genital mutilation won't be tolerated in US]</ref>:{{Quote|[http://archive.today/2021.04.09-044404/https://edition.cnn.com/2017/04/26/health/fgm-indictment-michigan/index.html 'Prosecutor: 'Brutal' genital mutilation won't be tolerated in US' - CNN]|They have a [right] to practice their religion. And they are Muslims and they’re being under attack for it. I believe that they are being persecuted because of their religious beliefs}}
===Muʿtazila===
===Muʿtazila===
Muʿtazila is a rationalist school of Islamic theology that flourished in the cities of Basra and Baghdad during the 8th to the 10th centuries. The Mu'tazila developed an Islamic type of rationalism, partly influenced by Ancient Greek philosophy.  
Muʿtazila is a rationalist school of Islamic theology that flourished in the cities of Basra and Baghdad during the 8th to the 10th centuries. The Mu'tazila developed an Islamic type of rationalism, partly influenced by Ancient Greek philosophy.  
Line 136: Line 126:
The following is a selection of Fatwas, mainly extracts, from the 20th and 21st Century. They have been, as far as possible, arranged in chronological order. Note that many are secondary or even tertiary sources.  
The following is a selection of Fatwas, mainly extracts, from the 20th and 21st Century. They have been, as far as possible, arranged in chronological order. Note that many are secondary or even tertiary sources.  


====Favourable====
===Favourable===
'''(1939)''' ''“Female circumcision is only desirable, i.e., not compulsory, and it consists of cutting off part of the clitoris. More than that is forbidden in view of the Um Atiyah report: “Circumcise but do not go too far, for thus it is better for appearance and gives more pleasure to the husband”. This is the female circumcision which is desirable in Islam. Other forms such as that known among us as the Pharaonic are mutilations and mutilations are categorically forbidden.”'' The Mufti of Sudan – cited in ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 Male and female circumcision: Religious, medical, social and legal debate]‘ by Sami A. Aldeeb Abu-Sahlieh
'''(1939)''' ''“Female circumcision is only desirable, i.e., not compulsory, and it consists of cutting off part of the clitoris. More than that is forbidden in view of the Um Atiyah report: “Circumcise but do not go too far, for thus it is better for appearance and gives more pleasure to the husband”. This is the female circumcision which is desirable in Islam. Other forms such as that known among us as the Pharaonic are mutilations and mutilations are categorically forbidden.”'' The Mufti of Sudan – cited in ‘[https://www.amazon.co.uk/gp/product/1481084933/ref=ppx_yo_dt_b_asin_title_o03_s00?ie=UTF8&psc=1 Male and female circumcision: Religious, medical, social and legal debate]‘ by Sami A. Aldeeb Abu-Sahlieh


Line 189: Line 179:
'''(date unknown, but citation from modern film footage)''' ''“I don’t know why a German, British or American entity (thinks it can) come to us to decide for us the circumcision of our daughters! Why should they decide on matters of our girls and women? We base our religion on Allah’s book and the sayings of our beloved prophet and our scholars'' [...] ''Look at any of the books of fiqh from our imams, respected leaders, and scholars–ask them. You will find that our scholars have said that circumcision of women–there are some who say that it is obligatory while others say that it is commendable'' [...] ''this does not mean that I am subjecting the religion to inspection from a doctor. No, my brothers, this does not mean that I subject evidence from the shari'a to review from a doctor!””'' Muhammad Hassan Female Circumcision - <center><youtube>4gloOIDTrkA</youtube></center>
'''(date unknown, but citation from modern film footage)''' ''“I don’t know why a German, British or American entity (thinks it can) come to us to decide for us the circumcision of our daughters! Why should they decide on matters of our girls and women? We base our religion on Allah’s book and the sayings of our beloved prophet and our scholars'' [...] ''Look at any of the books of fiqh from our imams, respected leaders, and scholars–ask them. You will find that our scholars have said that circumcision of women–there are some who say that it is obligatory while others say that it is commendable'' [...] ''this does not mean that I am subjecting the religion to inspection from a doctor. No, my brothers, this does not mean that I subject evidence from the shari'a to review from a doctor!””'' Muhammad Hassan Female Circumcision - <center><youtube>4gloOIDTrkA</youtube></center>


====Critical====
===Critical===
The following are extracts from fatwas critical of FGM, classified in such a way as to illustrate the range of arguments made for FGM being un-Islamic. These arguments are evaluated in the section [[#arguments|Arguments de-linking FGM from Islam]].   
The following are extracts from fatwas critical of FGM, classified in such a way as to illustrate the range of arguments made for FGM being un-Islamic. These arguments are evaluated in the section [[#arguments|Arguments de-linking FGM from Islam]].   


Autochecked users, em-bypass-1, em-bypass-2
645

edits