Female Genital Mutilation in Islamic Law: Difference between revisions

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===Muhammad Wanted to Forbid FGM but Couldn't===
===Muhammad Wanted to Forbid FGM but Couldn't===
{{Quote|1=[https://archive.ph/SJmql#selection-283.0-287.152 Grand Ayatollah Fadlalllah's remarks on the circumcision of women (2010)]|2='''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) [...]The Prophet had prevented people several times from circumcising women}}The evidence that Muhammad wished FGM to be abolished appears to be the following hadith (or a variant of it):{{Quote|1={{Abu Dawud|41|5251}}|2=Narrated Umm Atiyyah al-Ansariyyah: A woman used to perform '''circumcision''' [الْخِتَانُ - khitan] 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".}}Critics of this argument note that this hadith, when proposed as evidence that Muhammad approved of FGM, is treated as ''daif'' (weak). However, when proposed as evidence that he wanted to moderate the practice it is treated as ''sahih'' (authentic). Regardless of its level of authority this hadith is a textbook example of a tacit approval.
{{Quote|1=[https://archive.ph/SJmql#selection-283.0-287.152 Grand Ayatollah Fadlalllah's remarks on the circumcision of women (2010)]|2='''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) [...]The Prophet had prevented people several times from circumcising women}}Nothing in the Qur'an Sirat or Hadith supports the claim that Muhammad ''<nowiki/>'had prevented people several times from circumcising women'.'' The nearest thing to this is a hadith in which Muhammad instructs a women performing FGM to moderate her cutting:{{Quote|1={{Abu Dawud|41|5251}}|2=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".}}Critics of this argument note that this hadith, when used as evidence that Muhammad approved of FGM, is treated as ''daif'' (weak). However, when (as here) used as evidence that he wanted to moderate the practice it is treated as ''sahih'' (authentic). Regardless of its level of authority this hadith is a textbook example of a tacit approval.


However Muhammad's words are more advice than criticism. An analogy might be a consultant surgeon advising a junior surgeon to ''"not make too deep an incision in case you cut an artery"''. Such a statement does not imply that the consultant surgeon is against or critical of the surgical procedure in question.
However Muhammad's words are more advice than criticism. An analogy might be a consultant surgeon advising a junior surgeon to ''"not make too deep an incision in case you cut an artery"''. Such a statement does not imply that the consultant surgeon is against or critical of the surgical procedure in question - quite the contrary, such a statement show that the surgeon approves of the procedure.  


Furthermore, Muhammad affirmed the practices that ''cause'' FGM: polygyny and sex-slavery. He also affirmed practices that emerge from the same causes, and that create a normative, legal and institutional structure that support, justifiy and normalize FGM, such as male circumcision, child marriage, bride-price and gender segregation.
Furthermore, Muhammad affirmed the practices that ''cause'' FGM: polygyny and sex-slavery. He also affirmed practices that emerge from the same causes, and that create a normative, legal and institutional structure that support, justify and normalize FGM, such as male circumcision, child marriage, bride-price and gender segregation.


One of the major attractions of Mohammed’s new religion was that it overturned and rejected the established practices of pre-Islamic Arabian polytheism. Mohammed suddenly forbade many things that would have been dear to the people he ruled over - [[Intoxicants and Recreation in Islamic Law|pork products,]] [[Intoxicants and Recreation in Islamic Law|alcohol, gambling]], [[Qur'an, Hadith and Scholars:Music|instrumental music, singing]], art depicting the human form, the easy fraternisation of men and women, interest in debt, and the public display of women’s faces. He also imposed on his followers such new practices as male circumcision, ritual ablutions and praying 5 times a day.
One of the major attractions of Mohammed’s new religion was that it overturned and rejected the established practices of pre-Islamic Arabian polytheism. Mohammed suddenly forbade many things that would have been dear to the people he ruled over - [[Intoxicants and Recreation in Islamic Law|pork products,]] [[Intoxicants and Recreation in Islamic Law|alcohol, gambling]], [[Qur'an, Hadith and Scholars:Music|instrumental music, singing]], art depicting the human form, the easy fraternization of men and women, interest in debt, and the public display of women’s faces. He also imposed on his followers such new practices as male circumcision, ritual ablutions and praying 5 times a day.


His followers obeyed these new rules. How much more willingly would his followers have abandoned a practice that is harmful, and that must be distressing for loving parents to perform and witness?
His followers obeyed these new rules. How much more willingly would his followers have abandoned a practice that is harmful, and that must be distressing for loving parents to perform and witness?
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