User:Flynnjed/Sandbox: Difference between revisions

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{{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'''.”}}It is correct that only the Shafi'i school of Islam unarguably rule FGM to be obligatory in Islam. The Shafi'i school is variously estimated to be the second or third largest school of Sunni Islam. Some Hanbali scholars rule FGM to be obligatory.  
{{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'''.”}}It is correct that only the Shafi'i school of Islam unarguably rule FGM to be obligatory in Islam. The Shafi'i school is variously estimated to be the second or third largest school of Sunni Islam. Some Hanbali scholars rule FGM to be obligatory.  


Dr Talib describes FGM as a 'crime'. But critics of Dr Talib's position might point out that '<nowiki/>''Not an obligation'<nowiki/>'' is not an acceptable ethical or legal position for a crime. ''<nowiki/>'Not an obligation''' is no more the correct response to FGM than it would be to murder, child sexual abuse or rape.  
Dr Talib describes FGM as a 'crime'. But critics of Dr Talib's position might point out that '<nowiki/>''Not an obligation'<nowiki/>'' is not an acceptable ethical or legal position for a crime. ''<nowiki/>'Not an obligation''' is no more the correct response to FGM than it would be to murder, child sexual abuse or rape.


'Not an obligation' is far from the same thing as 'forbidden'. The legitimacy of an act that is not obligatory can include 'tolerated', 'allowed', 'recommended' and 'highly recommended' as well as 'forbidden'. And acts that are '''not an obligation''<nowiki/>' can be virtuous, vicious or ethically neutral, such as (respectively) giving to charity, murder, and owning a dog.  
'Not an obligation' is far from the same thing as 'forbidden'. The legitimacy of an act that is not obligatory can include 'tolerated', 'allowed', 'recommended' and 'highly recommended' as well as 'forbidden'. And acts that are '''not an obligation''<nowiki/>' can be virtuous, vicious or ethically neutral, such as (respectively) giving to charity, murder, and owning a dog.


His first sentence (''"All practices of female circumcision and mutilation are crimes and have no relationship with Islam"'') thus sets up an expectation that his conclusion fails to deliver. Which suggests that he felt unable to conclude that FGM is forbidden in Islam.   
His first sentence (''"All practices of female circumcision and mutilation are crimes and have no relationship with Islam"'') thus sets up an expectation that his conclusion fails to deliver. Which suggests that he felt unable to conclude that FGM is forbidden in Islam.   
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It is correct that there is no mention of FGM in the Qur'an.   
It is correct that there is no mention of FGM in the Qur'an.   


But according to traditional interpretive methodology Qur'an 30:30, by requiring one to ''<nowiki/>'adhere to the fitrah','' indirectly, but ineluctably, advocates FGM (see [[#quran|FGM in the Qur'an]]). Nor is there any mention of the unquestionably Islamic practice of male circumcision in the Qur'an.   
But according to traditional interpretive methodology Qur'an 30:30, by requiring one to ''<nowiki/>'adhere to the fitrah','' indirectly, but ineluctably, advocates FGM (see [[Female Genital Mutilation in Islamic Law#FGM in the Qur.27an|FGM in the Qur'an]]). Nor is there any mention of the unquestionably Islamic practice of male circumcision in the Qur'an.   


The Qur'an has 91 verses commanding to follow Muhammad's example to the last detail. However the Qur'an contains virtually no detail of Muhammad's life. Muslims can only know of Muhammad's life by turning to the hadith and sirat. Most of the practical details of how to be a Muslim come from the Sunnah. For example, none of the [[Five Pillars of Islam]] are explained in the Qur'an.  
Most of the practical details of how to be a Muslim come from the Sunnah (the [[hadith]] plus the [[sirat]]). The Qur'an has 91 verses commanding to follow Muhammad's example to the last detail. However the Qur'an contains virtually no detail of Muhammad's life. Muslims can only know of Muhammad's life by turning to the hadith and sirat. For example, none of the [[Five Pillars of Islam]] are explained in the Qur'an.  


===FGM existed before Islam===
===FGM existed before Islam===
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The archaeological and historical record does indeed amply demonstrate that FGM existed before Islam (see [[User:Flynnjed/Sandbox2#FGM before Islam|FGM before Islam]]).   
The archaeological and historical record does indeed amply demonstrate that FGM existed before Islam (see [[User:Flynnjed/Sandbox2#FGM before Islam|FGM before Islam]]).   


The premise implied by 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, 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 implied by 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, 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|[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 first map shows the distribution and prevalence of FGM in Indonesia; the second map shows the distribution of religions in Indonesia:|alt=]]
{{Quote|[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 first map shows the distribution and prevalence of FGM in Indonesia; the second map shows the distribution of religions in Indonesia:|alt=]]
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It should also be noted that:  
It should also be noted that:  


#most of Africa does not practice FGM,
#only those parts of Africa that have come under Islamic influence practice FGM. Most of Africa does not practice FGM,
#It appears to have been the expansions of Islam into Africa and the Islamic slave trade that spread FGM to its current extent (which closely coincides with that of Islam)
#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 appears to have been the expansions of Islam into Africa and the Islamic slave trade that spread FGM to its current extent (which closely coincides with that of Islam).


It is further documented that FGM was brought to Indonesia by Muslim traders and conquerors in the 13<sup>th</sup> Century. Indonesia follows the Shaafi school (the madhab that makes FGM obligatory) and has +90% rates of FGM amongst its Muslims. This suggests that FGM is more of an Islamic practice than an African one. {{Quote|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.'}}
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 (the madhab that makes FGM obligatory) and has +90% rates of FGM amongst its Muslims. This suggests that FGM is more of an Islamic practice than an African one. {{Quote|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===
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''<nowiki/>''[[File:Infibmap correct20111.jpg|thumb|The prevalence of Female Genital Cutting. Note that many Western Christian countries are assigned the rubric '''<nowiki>'rare or limited to particular ethnic minority enclaves''</nowiki>.'' This indicates the presence of FGM-practicing immigrants (who are almost entirely Muslim), rather than that ''Christians'' in those countries engage in FGM.|alt=|left]]
''<nowiki/>''[[File:Infibmap correct20111.jpg|thumb|The prevalence of Female Genital Cutting. Note that many Western Christian countries are assigned the rubric '''<nowiki>'rare or limited to particular ethnic minority enclaves''</nowiki>.'' This indicates the presence of FGM-practicing immigrants (who are almost entirely Muslim), rather than that ''Christians'' in those countries engage in FGM.|alt=|left]]


However, But these Christians nearly all live as isolated and persecuted minorities within a dominant Islamic FGM-practicing culture. FGM is an islamic purity practice, and within FGM-practicing societies girls who are not cut are considered impure. Any contact or proximity with them, or sharing of objects will be considered as contaminating. Individuals, families and communities that do not follow the dominant culture's purity observances are perceived as gravely threatening the spiritual and religious lives of that community since, for example, a Muslim's prayers will be rendered invalid if he is inadvertently contaminated, and will continue to be invalid until he correctly purifies himself.
However, these Christians nearly all live as isolated and persecuted minorities within dominant Islamic FGM-practicing cultures. Islamic FGM is a purity practice, and within FGM-practicing societies girls who are not cut are considered impure. Any contact or proximity with them, or sharing of objects will be considered as contaminating. Individuals, families and communities that do not follow the dominant culture's purity observances are perceived as gravely threatening the spiritual and religious lives of that community since, for example, a Muslim's prayers will be rendered invalid if he is inadvertently contaminated, and will continue to be invalid until he correctly purifies himself.


This means that in such Islamic communities, non-Muslims who do not follow the communities purity observances are shunned, stigmatised, discriminated against and persecuted. An example of this recently occurred in Pakistan when a Christian woman, Asia Bibi, drank from a Muslim's cup - and brought upon herself, her family and her community much violence, hatred and persecution.<ref>[https://www.worldwatchmonitor.org/the-aasiya-noreen-story/ The Story of Asia Bibi]</ref>
This means that in such Islamic communities, non-Muslims who do not follow the communities purity observances are shunned, stigmatised, discriminated against and persecuted. An example of this recently occurred in Pakistan when a Christian woman, Asia Bibi, drank from a Muslim's cup - and brought upon herself, her family and her community much violence, hatred and persecution.<ref>[https://www.worldwatchmonitor.org/the-aasiya-noreen-story/ The Story of Asia Bibi]</ref>


Hence, non-Muslims come under great pressure to adopt the dominant Islamic purity practices in order to minimise persecution. The Copts are Christian and make up 10 to 15% of the population of Egypt. Copts practice FGM at about a 74% (compared to 92% Muslims). Copts acknowledge that they practice FGM in order to minimise persecution. It is Christian minorities such as the Copts who appear to be the most ready to abandon FGM when it becomes safe for them to do so.<ref>[https://copticliterature.wordpress.com/2014/03/12/prevalence-of-and-support-for-female-genital-mutilation-within-the-copts-of-egypt-unicef-report-2013/ Prevalence of and support for Female Genital Mutilation within the Copts of Egypt: INICEF report (2013)]</ref>
Hence, non-Muslims living in such societies come under great pressure to adopt the dominant Islamic purity practices in order to minimise persecution. The Copts are Christian and make up 10 to 15% of the population of Egypt. Copts practice FGM at about a 74% (compared to 92% Muslims). Copts acknowledge that they practice FGM in order to minimise persecution. And it is Christian minorities such as the Copts who appear to be the most ready to abandon FGM when it becomes safe for them to do so.<ref>[https://copticliterature.wordpress.com/2014/03/12/prevalence-of-and-support-for-female-genital-mutilation-within-the-copts-of-egypt-unicef-report-2013/ Prevalence of and support for Female Genital Mutilation within the Copts of Egypt: INICEF report (2013)]</ref>


There are however three countries where FGM appears to be practiced by Christian ''majorities'' – Ethiopia, Eritrea and Liberia. The FGM in Liberia is practiced as part of the initiation into secret women's societies. FGM in Ethiopia and Eritrea is due to a combination of historical factors: much of their history the surrounding Islamic states for centuries kept them isolated from mainstream Christianity, and they were the hubs of the Islamic slave trade, where slave girls captured in West Africa were infibulated (complete excision of the clitoris, labia minora, and most of the labia majora followed by stitching to close up most of the vagina) to guarantee their virginity and thus raise their price, in preparation for the slave markets of the Islamic Middle East. This Islamic practice was adopted by the locals, and has persisted.  
There are however three countries where FGM appears to be practiced by Christian ''majorities'' – Ethiopia, Eritrea and Liberia.
 
FGM in Liberia is practiced as part of the initiation into secret women's societies. It should be noted that whilst only 12% of Liberia's population is Muslim, its marriage and kinship practices appear to be Islamic: men can have up to 4 wives; a third of all Liberian marriages are polygamous; a third of married women aged between 15-49 are in polygamous marriages, and married woman's rights to inherit property from her spouse are restricted. <ref>https://www.genderindex.org/wp-content/uploads/files/datasheets/LR.pdf</ref> 
 
These are text-book conditions for the emergence of chastity assurance practices, such as FGM. Polygyny creates sexually violent societies where the virginity, reputation and 'purity' of girls and women are both over-valued and also under heightened threat. Practices such as FGM are a response to this threat. 
 
{{Quote|[https://odi.org/en/publications/the-fallout-of-rape-as-a-weapon-of-war/ The fallout of rape as a weapon of war]|[Liberia] has one of the highest incidences of sexual violence against women in the world. Rape is the most frequently reported crime, accounting for more than one-third of sexual violence cases.}}
 
Polygyny - though illegal-  is also common amongst Muslils in Ethiopia and Eritrea. However, FGM in Ethiopia and Eritrea may be to a combination of historical factors: much of their history the surrounding Islamic states for centuries kept them isolated from mainstream Christianity, and they were the hubs of the Islamic slave trade, where slave girls captured in West Africa were infibulated (complete excision of the clitoris, labia minora, and most of the labia majora followed by stitching to close up most of the vagina) to guarantee their virginity and thus raise their price, in preparation for the slave markets of the Islamic Middle East. This Islamic practice was adopted by the locals, and has persisted.  


The following graphs (adapted from graphs found at https://www.28toomany.org/research-resources/) combine rates of decline of FGM practice in a variety of African countries with the proportion of the population that is Muslim (in green and mauve). Note that the lower the proportion of the nation that is Muslim, the steeper rate of decline of FGM-practice. <gallery perrow="10" mode="slideshow" caption="rates of decline of FGM in African countries with (in green and red) the proportion of the population that is Muslim">
The following graphs (adapted from graphs found at https://www.28toomany.org/research-resources/) combine rates of decline of FGM practice in a variety of African countries with the proportion of the population that is Muslim (in green and mauve). Note that the lower the proportion of the nation that is Muslim, the steeper rate of decline of FGM-practice. <gallery perrow="10" mode="slideshow" caption="rates of decline of FGM in African countries with (in green and red) the proportion of the population that is Muslim">
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===Not all Muslims practice FGM===
===Not all Muslims practice FGM===
{{Quote|[http://www.african-women.org/documents/behind-FGM-tradition.pdf What is behind the tradition of FGM?
{{Quote|[http://www.african-women.org/documents/behind-FGM-tradition.pdf What is behind the tradition of FGM?
Dr. Ashenafi Moges]|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). }}About 20% Muslim women have undergone FGM<ref name=":0" />, which suggests that about 80% of Muslims ''don't'' practice 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). }}About 20% Muslim women have undergone FGM<ref name=":0" />, which suggests that about 80% of Muslims ''don't'' practice FGM.


However, if this fact is taken to prove that FGM is un-Islamic, it must be on the assumption that Islam is defined only by that which it universally forbids or makes universally obligatory; that only those practices which ''all'' Muslims engage in are Islamic, and that minority practices are by definition un-Islamic.   
However, if this fact is taken to prove that FGM is un-Islamic, it must be on the assumption that Islam is defined only by that which it universally forbids or makes universally obligatory; that only those practices which ''all'' Muslims engage in are Islamic, and that minority practices are by definition un-Islamic.   
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Thus the fact that not all Muslims practice FGM is a consequence of some schools allowing FGM, others recommending it, and others mandating it. That some communities, where they have the freedom to choose, have historically chosen not to engage in FGM does not alter the fact that Islam's basic position of ''allowing'' FGM, makes FGM Islamic. But FGM is not an ethically neutral act, such as the Eucharist - swallowing a wafer - or Baptism - sprinkling water on a baby's head. FGM is an act of mutilation carried out on a child. 'Allowing' is no more the appropriate base-line for such an act than it would be for child sexual abuse, rape or murder. Likewise a legal system does not need to make child sexual abuse ''compulsory'' for it to be defined as being favourable to child sexual abuse - it is sufficient that it ''allows'' child sexual abuse to earn itself that label.   
Thus the fact that not all Muslims practice FGM is a consequence of some schools allowing FGM, others recommending it, and others mandating it. That some communities, where they have the freedom to choose, have historically chosen not to engage in FGM does not alter the fact that Islam's basic position of ''allowing'' FGM, makes FGM Islamic. But FGM is not an ethically neutral act, such as the Eucharist - swallowing a wafer - or Baptism - sprinkling water on a baby's head. FGM is an act of mutilation carried out on a child. 'Allowing' is no more the appropriate base-line for such an act than it would be for child sexual abuse, rape or murder. Likewise a legal system does not need to make child sexual abuse ''compulsory'' for it to be defined as being favourable to child sexual abuse - it is sufficient that it ''allows'' child sexual abuse to earn itself that label.   
It should be noted that since Dr Ashenafi Moges published the essay quoted from above FGM has been reported in Jordan, Syria, Iran and Iraq. Saudi Arabia is reported to have FGM-rates of about 20%. <ref>[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> 
{{Quote|[https://www.28toomany.org/blog/2015/jul/23/fgm-in-the-middle-east-guest-blog-by-nigeen-dara/ FGM in the Middle East (2015)]|Many people believe the misconception that Female Genital Mutilation is an African practice [...] In the Middle East the rates of FGM are highest in Northern Saudi Arabia, Southern Jordan and Iraq, including the Kurdish region. However, cases of FGM have also been discovered in Syria, Oman, United Arab Emirates and Qatar.}}
===The FGM Hadith are weak===
===The FGM Hadith are weak===
{{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.
{{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.
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