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==Female Genital Mutilation in Islamic Law==
[[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''' and '''Excision'''. Clitoridectmoy is the amputation of part or all of the clitoris or the removal of the clitoral prepuce. '''Excision''' is the cutting away of either or both the inner and outer labia. A third practice, '''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. Infibulation usually also includes clitoridectomy. 


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 [[Female Genital Mutilation in Islamic Law#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/Sandbox#FGM%20in%20Islamic%20law|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/Sandbox3#FGM in the Hadith|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 [[Female Genital Mutilation in Islamic Law#FGM in Islamic law|FGM in Islamic law]]).
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.
 
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]]).


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 [[Female Genital Mutilation in Islamic Law#FGM in Islamic law|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]])
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.''' 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, not the hadith or fatwa's originator.  
==FGM in the Hadith==
==FGM in the Hadith==
{{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.
{{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.
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{{Quote|1={{Muslim|3|684}}; see also {{Bukhari|1|5|289}}|2=Abu Musa reported: There cropped up a difference of opinion between a group of Muhajirs (Emigrants and a group of Ansar (Helpers) (and the point of dispute was) that the Ansar said: The bath (because of sexual intercourse) becomes obligatory only-when the semen spurts out or ejaculates. But the Muhajirs said: When a man has sexual intercourse (with the woman), a bath becomes obligatory (no matter whether or not there is seminal emission or ejaculation). Abu Musa said: Well, I satisfy you on this (issue). He (Abu Musa, the narrator) said: I got up (and went) to 'A'isha and sought her permission and it was granted, and I said to her: 0 Mother, or Mother of the Faithful, I want to ask you about a matter on which I feel shy. She said: Don't feel shy of asking me about a thing which you can ask your mother, who gave you birth, for I am too your mother. Upon this I said: What makes a bath obligatory for a person? She replied: You have come across one well informed! The Messenger of Allah (may peace be upon him) said: When anyone sits amidst four parts (of the woman) and the '''circumcised''' [الْخِتَانُ - khitan]  
{{Quote|1={{Muslim|3|684}}; see also {{Bukhari|1|5|289}}|2=Abu Musa reported: There cropped up a difference of opinion between a group of Muhajirs (Emigrants and a group of Ansar (Helpers) (and the point of dispute was) that the Ansar said: The bath (because of sexual intercourse) becomes obligatory only-when the semen spurts out or ejaculates. But the Muhajirs said: When a man has sexual intercourse (with the woman), a bath becomes obligatory (no matter whether or not there is seminal emission or ejaculation). Abu Musa said: Well, I satisfy you on this (issue). He (Abu Musa, the narrator) said: I got up (and went) to 'A'isha and sought her permission and it was granted, and I said to her: 0 Mother, or Mother of the Faithful, I want to ask you about a matter on which I feel shy. She said: Don't feel shy of asking me about a thing which you can ask your mother, who gave you birth, for I am too your mother. Upon this I said: What makes a bath obligatory for a person? She replied: You have come across one well informed! The Messenger of Allah (may peace be upon him) said: When anyone sits amidst four parts (of the woman) and the '''circumcised''' [الْخِتَانُ - khitan]  
parts touch each other a bath becomes obligatory.}}To '''''<nowiki/>'sit amidst four parts'<nowiki/>''''' of a woman is a euphemism for sexual intercourse.
parts touch each other a bath becomes obligatory.}}To '''''<nowiki/>'sit amidst four parts'<nowiki/>''''' of a woman is a euphemism for sexual intercourse.
===The Sahabah (the Companions of Muhammad)===
===Hadith: the Sahabah (the Companions of Muhammad)===
The following three hadith touch on FGM, but do not involve Muhammad.
The following three hadith touch on FGM, but do not involve Muhammad.
====One Who Circumcises Other Ladies====
====One Who Circumcises Other Ladies====
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''<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'.
''<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 ([[Female Genital Mutilation in Islamic Law#Someone to Amuse Them|Someone to Amuse Them]] and [[Female Genital Mutilation in Islamic Law#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 ([[Female Genital Mutilation in Islamic Law#The fitrah is five things|The fitrah is five things]], [[Female Genital Mutilation in Islamic Law#A preservation of honor for women|A preservation of honor for women]] and [[Female Genital Mutilation in Islamic Law#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.
Two other hadith ([[User:Flynnjed/Sandbox3#Someone to Amuse Them|Someone to Amuse Them]] and [[User:Flynnjed/Sandbox3#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/Sandbox3#The fitrah is five things|The fitrah is five things]], [[User:Flynnjed/Sandbox3#A preservation of honor for women|A preservation of honor for women]] and [[User:Flynnjed/Sandbox3#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, 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.
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 and the Schools of 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]]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.
[[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|400x400px]]Only one school of Islam - the Shafi'i - makes FGM universally obligatory. The other schools of Islam recommend it with differing levels of obligation. Since nothing that Muhammad allowed can be prohibited, no school of Islam can forbid FGM.
 
Differences in hermeneutics (methodologies of interpretation of texts, especially religious and philosophical texts) result in certain Hadith having more weight and influence in 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. However, 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.
Only one school of Islam - the Shafi'i - makes FGM universally obligatory. The other schools of Islam recommend it with differing levels of obligation. Since nothing that Muhammad allowed can be prohibited, no school of Islam can forbid FGM.  
 
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.{{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)|Maliki hold the view that it is wajib (obligatory) for males and sunnah (optional) for females}}{{Quote|Al-Dardir (died 1786, malikite)|Female circumcision is recommended.}}{{Quote|Ibn-al-jallab (died 988, Malikite)|Circumcision is Sunnah for men and women.}}
The Maliki school was founded by Malik ibn Anas in the 8th century, who ruled that FGM is recommended, but not obligatory.{{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)|Maliki hold the view that it is wajib (obligatory) for males and sunnah (optional) for females}}{{Quote|Al-Dardir (died 1786, malikite)|Female circumcision is recommended.}}{{Quote|Ibn-al-jallab (died 988, Malikite)|Circumcision is Sunnah for men and women.}}
===Hanafi Madhab===
===Hanafi Madhab===
This school is named after the scholar Abū Ḥanīfa an-Nu‘man ibn Thābit (d. 767) and is school with the largest number of followers among Sunni muslims. Abū Ḥanīfa maintained that FGM is not obligatory but optional or recommended.{{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}}<br />{{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.}}
This school is named after the scholar Abū Ḥanīfa an-Nu‘man ibn Thābit (d. 767) and is school with the largest number of followers among Sunni muslims. Abū Ḥanīfa maintained that FGM is not obligatory but optional or recommended.{{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|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 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}}'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>
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}}'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>
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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.{{Quote|Al-Jahiz (Muʿtazila, died 868-9)|A woman with clitoris has more pleasure than a woman without clitoris. The pleasure depends on the quantity which was cut from the clitoris. Muhammad said: “If you cut, cut the slightest part and do not exaggerate because it makes the face more beautiful and it is more pleasant for the husband”. It seems that Muhammad wanted to reduce the concupiscence of the women to moderate it. If concupiscence is reduced, the pleasure is also reduced as well as the love for the husbands. The love of the husband is an impediment against debauchery. Judge Janab Al-Khaskhash contends that he counted in one village the number of the women who were circumcised and those who were not, and he found that the circumcised were chaste and the majority of the debauched were uncircumcised. Indian, Byzantine and Persian women often commit adultery and run after men because their concupiscence towards men is greater. For this reason, India created brothels. This happened because of the massive presence of their clitorises and their hoots.}}
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.{{Quote|Al-Jahiz (Muʿtazila, died 868-9)|A woman with clitoris has more pleasure than a woman without clitoris. The pleasure depends on the quantity which was cut from the clitoris. Muhammad said: “If you cut, cut the slightest part and do not exaggerate because it makes the face more beautiful and it is more pleasant for the husband”. It seems that Muhammad wanted to reduce the concupiscence of the women to moderate it. If concupiscence is reduced, the pleasure is also reduced as well as the love for the husbands. The love of the husband is an impediment against debauchery. Judge Janab Al-Khaskhash contends that he counted in one village the number of the women who were circumcised and those who were not, and he found that the circumcised were chaste and the majority of the debauched were uncircumcised. Indian, Byzantine and Persian women often commit adultery and run after men because their concupiscence towards men is greater. For this reason, India created brothels. This happened because of the massive presence of their clitorises and their hoots.}}
==Modern Fatwas==
==Modern Fatwas==
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.
<!-- (for a more comprehensive collection of modern fatwas see  - link to QHS section -->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===
''“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 (1939) – 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
{{Quote|[http://archive.today/2021.04.09-052246/https://www.thenewhumanitarian.org/q-and/2005/03/08/irin-interview-sheikh-omer-muslim-religious-leader IRIN interview with Sheikh Omer, a Muslim religious leader, Ethiopia (2005)]|“Medical research […] does not show that the Sunnah circumcision – cutting only the outer part of the clitoris – has caused any medical complications […] Islam condones the Sunnah circumcision; it is acceptable. What’s forbidden in Islam is the pharaonic circumcision [...] Islamic scholars believe that female circumcision is different from male circumcision. They have a strong view that female circumcision is allowed, and that there is no evidence from Islamic sources prohibiting female circumcision, unless it is pharaonic.”}}'<nowiki/>'''Pharaonic circumcision'''<nowiki/>' is a synonym for Infibulation.{{Quote|[https://islamqa.info/en/answers/82859/is-there-any-saheeh-hadeeth-about-the-circumcision-of-females Is there any saheeh hadeeth about the circumcision of females? (2006)]|"It is also indicated by the general meaning of the evidence that has been narrated concerning circumcision, such as the hadeeth in al-Bukhaari (5891) and Muslim (527) from Abu Hurayrah (may Allaah be pleased with him): 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.” 
 
[...]The Shaafa’is, the Hanbalis according to the well-known view of their madhhab, and others are of the view that circumcising women is obligatory. Many scholars are of the view that it is not obligatory in the case of women; rather it is Sunnah and is an honour for them.  
''“Female circumcision is a part of the emblem of Islam and it is mentioned in the prophetic sunnah.'' [FGM’s bad effects] ''are neither certain nor proven, and therefore one cannot base himself on them to reject the circumcision in which the wise Legislator saw a wisdom”'' Sheikh Nassar (1951) – 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
But we would like to point out here that it has medical benefits to which attention should be paid, regardless of the difference of opinion among the scholars as to whether it is obligatory or mustahabb."}}{{Quote|[http://myjurnal.my/filebank/published_article/34088/Article_4.PDF Women's Genital Cutting Law (Female Genital Mutilation) - Taqwa bint Zabidi (Jakim), (2009)]|"DECISION OF MUZAKARAH OF THE FATWA COMMITTEE, NATIONAL COUNCIL FOR ISLAMIC RELIGIOUS AFFAIRS MALAYSIA
 
The issue of Female Genital Mutilation was discussed by Muzakarah The 87th National Fatwa Committee convened on 23-25 June 2009. In this conference, Muzakarah members agreed decided that: After examining the evidence, arguments and views submitted, Muzakarah is of the view that the practice of circumcision for women is part of the syiar of the ummah Islam. While the practice of Female Genital Mutilation (FGM) is contrary to the practice of circumcision prescribed by syarak. Accordingly, in line with the view jumhur ulama, Muzakarah agreed to decide that the law circumcision for women is compulsory. However, if it can bring harm to oneself, then it is should be avoided."}}[[File:Fgmflyer-mozlem-brotherhood.jpg|thumb|Muslim Brotherhood flyer promoting FGM (amongst other medical services)|link=]]{{Quote|[http://archive.today/2021.04.09-053608/https://www.opendemocracy.net/en/5050/mutilating-bodies-muslim-brotherhoods-gift-to-egyptian-women/ Mutilating bodies: the Muslim Brotherhood’s gift to Egyptian women, (2012)]|“The second strategy of the [Muslim Brotherhood] to contest the undesirability of FGM is to present it as a medical operation or procedure. By doing so, they encourage people to go to doctors – rather than midwives – who will perform the “operation” under anaesthesia and in accordance with proper surgical procedures […] Some people talk about taking their daughters to the doctor to check whether “they need it or not”, as if there is a physiological condition that would justify mutilating a woman’s reproductive organs […] Some doctors believe that not circumcising females leads to sexual arousal and that this could lead to the committing unlawful acts. So circumcision is a duty for the protection of the honour of the believing woman and for the preservation of her chastity and purity […] The third strategy deployed by the Brothers to promote FGM is to push for its decriminalization, under the premise that it is a matter that should be left to the personal choice of the girls’ guardians […] “the decision is up to the guardian and the doctor who decides on the extent to which the girl needs this operation”}}{{Quote|[https://www.memri.org/tv/egyptian-cleric-supports-fgm-cites-protocols-elders-zion Egyptian Cleric: Female Circumcision Has Economic Benefits; Jews Fight It in Keeping with Protocols of the Elders of Zion, (2017)]|"The discussion about female circumcision goes back to the past century. The first time that this subject was debated extensively was in the past century. Who were the first to talk about it? The Jews. They do not want Islam or the Muslims to be pure, developed, and civilized, so they started talking about it [...]In The Protocols of the Elders of Zion it is written: 'We must strive for the collapse of morals, so that it will be easier for us to dominate the world.'[...] Female circumcision is a preventive medical measure. Someone who is uncircumcised will be afflicted with many serious diseases{...]"}}{{Quote|[http://archive.today/2016.02.09-070313/https://islamqa.info/en/60314 Circumcision of girls and some doctors’ criticism thereof] – islamqa (2018)]|“Circumcision is not an inherited custom as some people claim, rather it is prescribed in Islam and the scholars are unanimously agreed that it is prescribed. Not a single Muslim scholar – as far as we know – has said that circumcision is not prescribed. Their evidence is to be found in the saheeh ahaadeeth of the Prophet, which prove that it is prescribed [...] With regard to the criticism of circumcision by some doctors, and their claim that it is harmful both physically and psychologically, This criticism of theirs is not valid. It is sufficient for us Muslims that something be proven to be from the Prophet [...], then we will follow it, and we are certain that it is beneficial and not harmful. If it were harmful, Allaah and His Messenger [...] would not have prescribed it for us [...] As for the opinions of doctors who say that female circumcision is harmful, these are individual opinions which are not derived from any agreed scientific basis, and they do not form an established scientific opinion […] medical theories about disease and the way to treat it are not fixed, rather they change with time and with ongoing research. So it is not correct to rely on them when criticizing circumcision which the Wise and All-Knowing Lawgiver has decreed in His wisdom for mankind. Experience has taught us that the wisdom behind some rulings and Sunnahs may be hidden from us. May Allaah help us all to follow the right path.”}}
''“ When it is proven by the precise research, and not by a temporary opinion given out to satisfy a particular tendency or to conform itself to traditions of given people, that a thing includes a damage for health or a depravity of the morals, it must be forbidden according to the religious law in order tho avoid the damage or the depravity. And until this is proven concerning female circumcision , this practice will continue according to what people are accustomed in the light of the Islamic law and the knowledge of the religious scholars since the time of the prophecy [of Muhammad] until this day, i.e. that the circumcision is a makrumah, and not an obligation or sunnah.”'' Sheikh Shaltut, of Al-Azhar University (1951) – 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
 
''“If a region stops, of common agreement, to practice male and female circumcision, the chief of the sate declares war against that region because circumcision is a part of the rituals of Islam and its specificities. This means that male and female circumcisions are obligatory.”'' sheikh Jad-al-Haq (1981)– 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
 
''“This attack against the female circumcision […] is undertaken by its adepts and its propagators, either because of ignorance or distraction like parrots, or because of bad intentions and hidden motives like foxes and wolves, or because of hostility and hate like collaborators and agents paid by traitors and enemies[…]. Their only worry is to satisfy their instincts and their passions. Their goal is to free themselves of all limits, morals, traditions and customs. They try to reverse our society according to their limping opinions , their black hearts and their sly mind, to make a society base on corruption, wantonness, atheism, anarchy and immorality”'' a professor of the faculty of Muslim theology in Mansurah, Egypt (1985)– 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
 
''“I personally support'' [FGM] ''under the current circumstances in the modern world. Anyone who thinks that circumcision is the best way to protect his daughters should do it'' [...] ''The moderate opinion is in favor of practicing circumcision to reduce temptation.”'' Yusuf al-Qaradawi (born 1926) cited in ‘Modern Fatwas’ (1987)
 
''"Thus it is clear that female circumcision is prescribed in Islam, and that it is one of the Sunnahs of the fitrah and it has a good effect of moderating the individual’s behaviour. As for the opinions of doctors who say that female circumcision is harmful, these are individual opinions which are not derived from any agreed scientific basis, and they do not form an established scientific opinion. ..."'' [http://archive.today/2021.04.09-051709/https://tteonb.wordpress.com/2015/06/30/fgm-female-genital-mutilation-islam/ Fatwa of Dar al-Ifta’ al-Misriyyah]
 
''“Those who hate Islam and its rituals launched a ferocious campaign against female circumcision. This campaign is fed by Christian spite, sustained by the crusaders’ mass media and financed mainly by the American dollar […]. Even worse is when some Muslim countries promulgate laws forbidding physicians and circumcisers to perform the female circumcision and applying sanctions against those who violate these laws […]. By so doing, these States forbid what God permits. And that is where the danger resides […]. However, one knows that, according to the Muslim religion, the interdiction or the permission belongs to God […] and to no one else be he governed or governor, man or angel.”'' a Saudi sheikh (2000)– reported in 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
 
''“Ibn Quddamah said in al-Mughni: As for circumcision, it is obligatory for men and it is good in the case of woman, but it is not obligatory for them'' [...] ''the purpose of circumcising women is to regulate their desire, because if a woman is not circumcised her desire will be strong. Hence the words “O son of an uncircumcised woman” are used as an insult, because the uncircumcised woman has stronger desire. Hence immoral actions are more common among the women of the Tatars and the Franks, that are not found among the Muslim women.If the circumcision is too severe, the desire is weakened altogether, which is unpleasing for men; but if it is cut without going to extremes in that, the purpose will be achieved, which is moderating desire””'' [http://archive.today/2021.04.09-051954/https://islamqa.info/en/answers/9412/circumcision-how-it-is-done-and-the-rulings-on-it Circumcision: how it is done and the rulings on it], Islamqa (2002)
 
“M''edical research'' […] ''does not show that the Sunnah circumcision – cutting only the outer part of the clitoris – has caused any medical complications'' […] ''Islam condones the Sunnah circumcision; it is acceptable. What’s forbidden in Islam is the pharaonic circumcision'' [...] ''Islamic scholars believe that female circumcision is different from male circumcision. They have a strong view that female circumcision is allowed, and that there is no evidence from Islamic sources prohibiting female circumcision, unless it is pharaonic.”'' [http://archive.today/2021.04.09-052246/https://www.thenewhumanitarian.org/q-and/2005/03/08/irin-interview-sheikh-omer-muslim-religious-leader IRIN interview with Sheikh Omer, a Muslim religious leader, Ethiopia (2005)]
 
''“''[A]''s far as Islam is concerned “we do observe circumcision not mutilation”'' [https://archive.ph/2021.04.09-052246/https://www.thenewhumanitarian.org/q-and/2005/03/08/irin-interview-sheikh-omer-muslim-religious-leader Gambian imam: Prophet Muhammad spoke well of FGM (2007)]
 
'''“'''''The'' [Muslim] ''Brotherhood'' […] ''opposes banning'' [FGM] ''because it is a tradition that should remain an option for medical reasons and “beautification” purposes.”''  [http://archive.today/2021.04.09-053052/https://www.csmonitor.com/World/Middle-East/2008/0724/p05s01-wome.html Egypt’s child protection law sparks controversy] the Christian Science Monitor (2008)
 
''“''[The Hadiths] ''require'' […] ''every woman be circumcised, failing which she will be impure and not even able to handle food. Why, moreover, wish to forbid female circumcision in a country made up of 90% Muslims?”''  Abou Ly (l’Association des imams et oulémas du Sénégal), quoted and translated from “[http://archive.today/2021.04.09-053309/https://pointdebasculecanada.ca/quand-les-savants-musulmans-justifient-les-mutilations-genitales-feminines/ Quand les «savants musulmans» justifient les mutilations génitales féminines]”  (2009)[[File:Fgmflyer-mozlem-brotherhood.jpg|thumb|Muslim Brotherhood flyer promoting FGM (amongst other medical services)|link=]]“''The second strategy of the'' [Muslim Brotherhood] ''to contest the undesirability of FGM is to present it as a medical operation or procedure. By doing so, they encourage people to go to doctors – rather than midwives – who will perform the “operation” under anaesthesia and in accordance with proper surgical procedures'' […] ''Some people talk about taking their daughters to the doctor to check whether “they need it or not”, as if there is a physiological condition that would justify mutilating a woman’s reproductive organs'' […] ''Some doctors believe that not circumcising females leads to sexual arousal and that this could lead to the committing unlawful acts. So circumcision is a duty for the protection of the honour of the believing woman and for the preservation of her chastity and purit''y […] ''The third strategy deployed by the Brothers to promote FGM is to push for its decriminalization, under the premise that it is a matter that should be left to the personal choice of the girls’ guardians'' […] ''“the decision is up to the guardian and the doctor who decides on the extent to which the girl needs this operation”"''  [http://archive.today/2021.04.09-053608/https://www.opendemocracy.net/en/5050/mutilating-bodies-muslim-brotherhoods-gift-to-egyptian-women/ Mutilating bodies: the Muslim Brotherhood’s gift to Egyptian women] (2012)
 
''“The Indonesian Council of Ulema (MUI) is in favour of female circumcision (and men) that, although it can not be considered mandatory, it is still “morally recommended.” Kiai Hajj Amin Ma’ruf'' [the head of the council]'', pointed out that it is an “advisable practise on moral grounds”, at the same time, he rejects any attempt to declare this practice illegal or contrary to the principles. It comes under the sphere of “human rights,” said the Islamist leader, and is “guaranteed by the Constitution.””'' [http://archive.today/2021.04.09-054000/http://www.asianews.it/news-en/Indonesian-Ulema-in-favour-of-female-circumcision:-a-human-right-26948.html Indonesian Ulema in favour of female circumcision: a “human right”] (2013) 
 
“''In the Maldives'' […circumcision] ''is the ‘symbol that differentiates Muslims from non-Muslims'' [...] ''All four schools of Sunni jurisprudence however regard it as either ‘obligatory’ or ‘preferable'' [...FGM] ''is one of the five things that are part of ''fitrah'', or nature, says the fatwa by Dr. Mohamed Iyaz Abdul Latheef, Vice President of the Fiqh Academy of the Maldives'' [...] ''the fatwa points to the increasing influence of Saudi Arabia. The cleric uses the Saudi Arabian Fatwa Committee’s concern over the decline of female circumcision in Muslim countries as a stamp of approval for the practice for all Muslims”  cited in'' [http://archive.today/2021.04.09-055004/https://minivannewsarchive.com/politics/figh-academy-vp-endorses-female-genital-mutilation-77037 Cleric calls for FGM on Islamic grounds] (2014)
 
''“For protecting our Islamic nation in Iraq and Syria, our land, and our people, we need to look after our women and their behavior while preventing them from the dreadful modern life they are surrounded with.“'' ISIS fatwa – reported: [http://archive.today/2021.04.09-055158/http://www.stopfgmmideast.org/fgm-in-iraq-the-hoax-of-a-hoax/%23more-1307 FGM in Iraq: The hoax of a hoax?] (2014)
 
“''An Islamic cleric from Russia’s North Caucasus has called for all Russian women to undergo female genital mutilation'' […] ''Ismail Berdiev, a member of the Presidential Council for Cooperation with Religious Communities, said that FGM was needed to combat “sexual immorality'' […] ''All women must be cut, so that there will be no depravity on Earth.”'' [http://archive.today/2021.04.09-055351/https://www.themoscowtimes.com/2016/08/17/russian-muslim-leader-calls-for-genital-mutilation-for-all-women-a55015 Russian Muslim Cleric Calls for Genital Mutilation of All Women] (2016)
 
“''On Feb. 6, Somaliland announced a new fatwa, or religious edict, banning two of the three types of female cutting'' […] ''According to the organizations, the ruling made a certain type of FGM/C “mandatory” for every girl in Somaliland and at the same time banning the most extreme forms.”'' [http://archive.today/2018.02.24-233628/http://www.xinhuanet.com/english/2018-02/25/c_136997419.htm Aid agencies decry decision to encourage FGM in Somaliland] (2018)
 
''“''[The Islamic Central Council of Switzerland’s] ''Secretary-General Ferah Uluca said that while the paper justifies the practice, it does not call on Muslims to perform it as a duty. Uluca said it is up to each parent to decide”'' [http://archive.today/2021.04.09-055740/https://www.breitbart.com/europe/2018/02/24/swiss-islamic-council-justifies-female-genital-mutilation/ Islamic Central Council of Switzerland justifies female genital mutilation] (2018)
 
“''Circumcision is prescribed for both males and females. The correct view is that'' […] ''circumcision of women is mustahabb'' [‘virtuous‘] ''but not obligatory'' […] ''Female circumcision has not been prescribed for no reason, rather there is wisdom behind it and it brings many benefits. Mentioning some of these benefits, Dr. Haamid al-Ghawaabi says'' […]''”'' [http://archive.today/2019.04.19-094428/https://islamqa.info/en/answers/45528/medical-benefits-of-female-circumcision Medical benefits of female circumcision] – islamqa (2018)
 
“''Circumcision is not an inherited custom as some people claim, rather it is prescribed in Islam and the scholars are unanimously agreed that it is prescribed. Not a single Muslim scholar – as far as we know – has said that circumcision is not prescribed. Their evidence is to be found in the saheeh ahaadeeth of the Prophet, which prove that it is prescribed'' [...] ''With regard to the criticism of circumcision by some doctors, and their claim that it is harmful both physically and psychologically, This criticism of theirs is not valid. It is sufficient for us Muslims that something be proven to be from the Prophet'' [...]'', then we will follow it, and we are certain that it is beneficial and not harmful. If it were harmful, Allaah and His Messenger'' [...] ''would not have prescribed it for us'' [...] ''As for the opinions of doctors who say that female circumcision is harmful, these are individual opinions which are not derived from any agreed scientific basis, and they do not form an established scientific opinion […] medical theories about disease and the way to treat it are not fixed, rather they change with time and with ongoing research. So it is not correct to rely on them when criticizing circumcision which the Wise and All-Knowing Lawgiver has decreed in His wisdom for mankind. Experience has taught us that the wisdom behind some rulings and Sunnahs may be hidden from us. May Allaah help us all to follow the right path.”."'' [http://archive.today/2016.02.09-070313/https://islamqa.info/en/60314 Circumcision of girls and some doctors’ criticism thereof] – islamqa (2018)
 
''“''[Dr Ali Selim, a spokesman for the Islamic Cultural Centre of Ireland in Clonskeagh], ''who is also a lecturer at Trinity College in Dublin'' […] ''argued that female circumcision was unfairly framed as a “dark-skin practice” and “barbaric,” insinuating that criticism is racist or prejudiced.”'' [http://archive.today/2021.04.09-060553/https://www.breitbart.com/europe/2018/02/11/irish-muslim-leader-backs-female-genital-mutilation/ Irish Muslim Leader Backs Female Genital Mutilation] (2018)'''2018)'''
 
'''(date unknown)''' ''"The calls which urge the banning of female circumcision are call [sic] that go against Islam, because there is no clear text in the Qur’aan or Sunnah and there is no opinion of the fuqaha’ that says that female circumcision is haraam. Female circumcision is either obligatory or recommended'' [...] ''The words of the doctors and others are not definitive. Scientific discoveries are still opening doors every day which change our old perceptions."'' [http://archive.today/2021.04.09-051709/https://tteonb.wordpress.com/2015/06/30/fgm-female-genital-mutilation-islam/ Fatwa of Shaykh ‘Atiyah Saqar – the former head of the Fatwa Committee in al-Azhar]
 
'''(date unknown)''' ''“Some (e.g. the late Rector of Al-Azhar University, Sheikh Gad Al-Haque) argued that since'' [Mohammed] ''did not ban female circumcision, it falls within the category of the permissble. As such, there is no ground for a total ban on it.”'' [http://archive.today/2021.04.09-060916/http://www.jannah.org/genderequity/equityappendix.html Is Female Circumcision Required]
 
'''(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 (see video below) <center><youtube>4gloOIDTrkA</youtube></center>
 
<span> </span>
===Critical===
===Critical===
Some contemporary scholars have criticised and condemned FGM. However, because nothing that Muhammad allowed can be prohibited, it is not licit to forbid FGM. Therefore fatwas critical of FGM generally stop well short of forbidding it. 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.  <!-- insert link to debunking section when 'FGM in Islam' page  is completed -->
Some contemporary scholars have criticised and condemned FGM. However, because nothing that Muhammad allowed can be prohibited, it is not licit to forbid FGM. Therefore fatwas critical of FGM generally stop well short of forbidding it.  
 
<!-- insert link to debunking section when 'FGM in Islam' page  is completed -->
<u>'''FGM is not required by Islam'''</u>
{{Quote|1=[http://archive.today/2021.04.09-070320/https://w3i.target-nehberg.de/HP-08_fatwa/index.php?p=fatwaAzhar Professor Ali Gom’a, Grand Mufti of Egypt, (2006)]|2=“Allah has endowed people with dignity. In the Qur'an, Allah says: "We have honored the children of Adam". Therefore, Allah forbids all harm to people, regardless of social status and gender. Female genital cutting is an inherited bad habit practiced in some societies and has been adopted in imitation by some Muslims in several countries. This without a textual basis in the Koran or an authentic tradition of the prophet. Female genital cutting practiced today causes physical and psychological damage to women. Therefore, these practices must be stopped, based on one of the highest values ​​of Islam, namely not to harm people - according to the saying of the Prophet Mohammad, peace and blessings be upon him: "Do not harm and do no harm to anyone". Rather, it is considered a criminal aggression. The conference appeals to Muslims to put an end to this bad habit according to the teachings of Islam, which prohibit harming people in any way. The participants of the conference also call on the international and regional institutions and bodies to concentrate their efforts on educating and informing the population. This applies in particular to the basic hygienic and medical rules that must be adhered to towards women so that this bad habit is no longer practiced.The conference reminds educational institutions and the media that they have an absolute duty to educate about the harms of this bad habit and its devastating consequences for society in order to help eliminate this bad habit. The conference calls on the legislative bodies to pass a law that prohibits practitioners from the harmful bad habit of female genital cutting and declares it a crime, regardless of whether the practitioner is the perpetrator or the initiator. Furthermore, the conference calls on the international institutions and organizations to provide aid in all regions in which this bad habit is practiced, in order to contribute to its elimination.”}}{{Quote|[http://archive.today/2021.04.09-062048/https://www.hrw.org/news/2010/09/18/fatwa-fgm-could-be-part-solution%23 A Fatwa on FGM Could be Part of the Solution – Kurdistan (2010)]|“The Kurdistan Islamic Scholars Union, the highest Muslim authority in Iraqi Kurdistan for religious pronouncements and rulings, issued a fatwa or religious edict last month [...]this particular fatwa stated that "female circumcision" is not an Islamic practice.While the fatwa did not forbid the practice [...] its clear and unequivocal statement that the practice is not required by Islam was significant for women in Kurdistan, where the practice is widespread. The practice is not mentioned in the Quran, and many other Muslim scholars have disassociated the practice from Islam. Until last month, the Kurdistan Islamic Scholars Union had not joined those ranks [...] The fatwa will help dispel that belief and should begin to lead to a reduction of the practice in the name of Islam.
 
But it's not all good news yet. The fatwa does not explicitly ban female genital mutilation, and the failure to prohibit it altogether remains troubling because parents may still decide to subject their daughters to this practice. ”}}
''“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.”'' [http://archive.today/2021.04.09-061324/https://www.ghanaweb.com/GhanaHomePage/NewsArchive/artikel.php?ID=77396%23 Dr Ahmed Talib, Dean of the Faculty of Sharia at Al-Azhar University]
[[File:Khamenei4.jpg|thumb|400x400px|Fatwa - Ayatollah Khamenei]]
 
{{Quote|[http://archive.today/2015.01.20-032048/http://www.stopfgmmideast.org/the-point-of-view-of-the-supreme-leader-of-the-islamic-republic-of-iran-on-female-genital-mutilation/ Fatwa of the Supreme Leader of Iran, Ayatollah Khamenei, (2014)]|In response to a question of the author of the book Razor and Tradition, which discusses Female Genital Mutilation,'' [Khamenei] ''noted that female circumcision is permissible but not obligatory"
''“In response to a question of the author of the book Razor and Tradition, which discusses Female Genital Mutilation,'' [Khamenei] ''noted that female circumcision is permissible but not obligatory (2011)”'' [http://archive.today/2015.01.20-032048/http://www.stopfgmmideast.org/the-point-of-view-of-the-supreme-leader-of-the-islamic-republic-of-iran-on-female-genital-mutilation/ Fatwa of the Supreme Leader of Iran, Ayatollah Khamenei]
[...]
 
"Today, female genital mutilation is not common among Shiites but the usage narrative show that it does not hurt if it can be done with its conditions, including compliance with health issues. But because the social norms have changed today, this action would not be acceptable like many other topics which their sentences were changed due to circumstances and facts"
<u>'''FGM existed before Islam'''</u>
 
“''While the exact origin of female circumcision is not known, it preceded Christianity and Islam.”'' [http://archive.today/2015.01.20-032048/http://www.stopfgmmideast.org/the-point-of-view-of-the-supreme-leader-of-the-islamic-republic-of-iran-on-female-genital-mutilation/ Is Female Circumcision Required]
 
<u>'''There is no FGM in the Qur'an'''</u>
 
“The practice is not mentioned in the Quran” [http://archive.today/2021.04.09-062048/https://www.hrw.org/news/2010/09/18/fatwa-fgm-could-be-part-solution%23 A Fatwa on FGM Could be Part of the Solution – Kurdistan 2010]
 
<u>'''The Qur'an forbids mutilation'''</u>
 
“''Allah Almighty prohibits in the Holy Quran to cut a body part of human beings without any reason because a human being is the most beloved creature to the omnipotent Allah, and is the creature in whose beautiful creation the Almighty takes pride in.”'' [http://archive.today/2021.04.09-045325/https://courtingthelaw.com/2016/04/28/commentary/islam-and-female-genital-mutilation-fgm/ Islam And Female Genital Mutilation, Pakistan, 2016]
 
''“The traditional form of excision is a practice totally banned by Islam because of the compelling evidence of the extensive damage it causes to women’s bodies and minds,”'' [http://archive.today/2012.09.06-214426/http://www.medindia.net/news/Egyptian-Clerics-Say-Female-Circumcision-UnIslamic-23055-1.htm Egyptian Clerics Say Female Circumcision Un-Islamic, 2007]
 
“''God gave people dignity. In the Qur’an God says: “We have dignified the sons of Adam”. Therefore, God forbids any harm coming to man, irrespective of social status and gender.”'' [http://archive.today/2021.04.09-070320/https://w3i.target-nehberg.de/HP-08_fatwa/index.php?p=fatwaAzhar Professor Ali Gom’a, Grand Mufti of Egypt, 2006]
 
<u>'''There is no record of Muhammad having his wives or daughters 'circumcised''''</u>
 
''“''[Mohammed] ''had four daughters and we have no strong sources to prove if even one of them was circumcised”'' [http://archive.today/2021.04.09-045325/https://courtingthelaw.com/2016/04/28/commentary/islam-and-female-genital-mutilation-fgm/ Islam And Female Genital Mutilation, Pakistan, 2016]
 
<u>'''The FGM hadith are weak'''</u>


“''In a Hadith it is mentioned:”Circumcision is Sunnah for men and an honorable thing for women.” Due to the weakness of this hadith and other hadiths that refer to female circumcision with some of their narrators being known for deceptiveness and others whose narrations carry no weight scholars of Islamic Law have differed widely regarding its legal ruling.”'' [http://archive.today/2021.04.09-070627/http://www.muftisays.com/qa/women/1884-does--female-circumcision-have-its-place-in-islaam/ does female circumcision have its place in Islaam, 2006]
[...]
The question is asked to Ayatollah Khamenei:
What is the wife`s duty to her husband`s request to circumcise herself?


<u>'''Islam should adapt to contemporary mores'''</u>
The answer is: “Although implementation of husband’s order is obligatory for the wife if it does not have disadvantages or it is not harmful for the wife, she has to listen to her husband’s request.”}}{{Quote|[http://archive.today/2021.04.09-045325/https://courtingthelaw.com/2016/04/28/commentary/islam-and-female-genital-mutilation-fgm/ Islam And Female Genital Mutilation, Pakistan, (2016)]|The group of jurists from different schools of thoughts reject the permissibility of FGM in Islam and do not consider it part of the injunctions of Islam. Their arguments are as follows:


''“Today, female genital mutilation is not common among Shiites but the usage narrative show that it does not hurt if it can be done with its conditions, including compliance with health issues. But because the social norms have changed today, this action would not be acceptable like many other topics which their sentences were changed due to circumstances and facts.”'' [http://archive.today/2015.01.20-032048/http://www.stopfgmmideast.org/the-point-of-view-of-the-supreme-leader-of-the-islamic-republic-of-iran-on-female-genital-mutilation/ The point of view of the Supreme Leader of the Islamic Republic of Iran on Female Genital Mutilation, 2014]
Answer to the justifications from Holy Quran: The proponent jurists alleged that Allah said in the holy Quran to follow the Sunnah of Ibrahim (A.S). That meant following the Sunnah of Ibrahim (A.S) as he believed in the oneness of God. Also if Ibrahim (A.S) was circumcised because he was a male, that cannot be taken as precedent for the females because there is no resemblance between the male and female body structure. Allah Almighty prohibits in the Holy Quran to cut a body part of human beings without any reason because a human being is the most beloved creature to the omnipotent Allah, and is the creature in whose beautiful creation the Almighty takes pride in.


<u>'''Muhammad wanted to forbid FGM but couldn't'''</u>
Answer to the justification from Holy Sunnah:
Ahadith put forward by the proponents have ‘weak health’ (Dhuaee’f Sih’ha) mainly because of the chain of hadith and of the narrators, so we cannot rely on such ahadith on such delicate issues.


''“Islam did not forbid'' [FGM] ''at that time because it was not possible to suddenly forbid a ritual with strong roots in Arabic culture; rather it preferred to gradually express its negative opinions. This is how Islam treated slavery as well, (gradual preparation of the society for the final forbiddance of slavery).”'' [http://archive.today/2021.04.09-071514/http://www.stopfgmmideast.org/fatwas-against-fgm/ Sayyad Mohammed Hussein Fadlallah, Grand Sheikh of Lebanon]
Answer to the Qiyas: First of all if we are making Qiyas a deciding factor for another analogy, the ill’at (cause) must be the same between the cases but in the case of FGM, how can we use the analogy of a male body for a female when they are both totally different and distinct from each other. The ill’at of circumcision of men is to increase pleasure, is also good for sexual life and includes many other medical benefits to men. But in case of women it reduces pleasure, is harmful for her physical as well as mental health, so the idea of Qiyas here is totally strange.}}


==See Also==
==See Also==
[[Female Genital Mutilation in Islam]]
[[Female Genital Mutilation in Islam]] (includes sections on FGM before Islam, The Sociology and Causes of FGM, and FGM as unislamic)


[[Qur'an, Hadith and Scholars:Female Genital Mutilation|Qur'an, Hadith and Scholars: Female Genital Mutilation]]
[[Qur'an, Hadith and Scholars:Female Genital Mutilation|Qur'an, Hadith and Scholars: Female Genital Mutilation]]
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