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→Female Genital Mutilation in Islamic Law
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'''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''' (or Pharaonic circumcision) 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''' (or Pharaonic circumcision) 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. | ||
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 [[ | 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/Sandbox3#FGM in the Hadith|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 [[User:Flynnjed/Sandbox3#FGM in the Qur.27an|FGM in the Qur'an]]). | ||
The FGM hadith give very few clues as to ''the nature'' of the practice they approve. Hence the nature, incidence and distribution of FGM varies between countries and communities. The most significant determining factor 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 | The FGM hadith give very few clues as to ''the nature'' of the practice they approve. Hence the nature, incidence and distribution of FGM varies between countries and communities. The most significant determining factor 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. | ||
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' --> | 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' --> | ||
Traditional scholars all allow, recommend or mandate FGM (see [[ | Traditional scholars all allow, recommend or mandate FGM (see [[User:Flynnjed/Sandbox3#FGM and the Schools of Islamic Law|FGM and the Schools of 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 [[User:Flynnjed/Sandbox3#Modern Fatwas|Modern Fatwas]]) | ||
It should be noted that those who practice FGM refer to it as '''Female Circumcision''' rather than '''Female Genital Mutilation.''' The Hadith and 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.''' The Hadith and 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. | ||