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Female Genital Mutilation in Islamic Law: Difference between revisions
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Female Genital Mutilation in Islamic Law (view source)
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{{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 (FGM)]|Ayatollah Khamenei, the leading scholar among contemporary jurists of Iran, says that FGM is permissible but not obligatory for women. He also states that if the husband wants his wife to be circumcised then it might be carried out if it isn’t harmful for her.}}{{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 (FGM)]|Ayatullah ali al hussaini ali Sistani form Iraq said in his fatwa in 2010 that FGM is not haram (prohibited). Later in 2014 he revised his fatwa and said that FGM is harmful for the female victims and it isn’t permissible or part of any Islamic injunction.}}{{Quote|Al-Amili (died 1559, shiite)|Boys must be circumcised when they become adult…. and it is preferable that women be circumcised even if they are adult.}}{{Quote|Al-Tusi (died 1067, shiite)|The circumcision of female slaves, if performed, is great honor and precious merit. If not, nothing bad in it.}} | {{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 (FGM)]|Ayatollah Khamenei, the leading scholar among contemporary jurists of Iran, says that FGM is permissible but not obligatory for women. He also states that if the husband wants his wife to be circumcised then it might be carried out if it isn’t harmful for her.}}{{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 (FGM)]|Ayatullah ali al hussaini ali Sistani form Iraq said in his fatwa in 2010 that FGM is not haram (prohibited). Later in 2014 he revised his fatwa and said that FGM is harmful for the female victims and it isn’t permissible or part of any Islamic injunction.}}{{Quote|Al-Amili (died 1559, shiite)|Boys must be circumcised when they become adult…. and it is preferable that women be circumcised even if they are adult.}}{{Quote|Al-Tusi (died 1067, shiite)|The circumcision of female slaves, if performed, is great honor and precious merit. If not, nothing bad in it.}} | ||
====Ismaili==== | ====Ismaili==== | ||
FGM appears to be common amongst the Dawoodi Bohras<ref>[ | FGM appears to be common amongst the Dawoodi Bohras<ref>[https://web.archive.org/web/20220224140140/https://scroll.in/article/867572/reminder-to-government-new-study-confirms-widespread-female-genital-cutting-among-bohra-muslims Reminder to government: New study confirms widespread female genital cutting among Bohra Muslims]</ref> – an Ismaili sect found in India, Saudi Arabia, Pakistan, Yemen and East Africa. Their current spiritual leader has recommended FGM as being necessary for purity and to avoid sin.{{Quote|Al-Nazawi (died 1162, ibadite)|Circumcision is obligatory for every Muslim…. If somebody refuses to submit to circumcision after being ordered to do, he should be killed if he exaggerates in delaying. Circumcision is not obligatory for women but they are ordered to submit to circumcision in honor of their husbands. Women are not obliged as circumcision for women is makrumah and for men it is sunnah, and some said it is faridah (obligation).}} | ||
In 2017 two doctors and a third woman connected to the Dawoodi Bohra in Detroit, Michigan, were arrested on charges of conducting FGM on two seven-year-old girls in the United States. Their Attorney confirmed that FGM was, for her clients, a religious practice<ref>[ | In 2017 two doctors and a third woman connected to the Dawoodi Bohra in Detroit, Michigan, were arrested on charges of conducting FGM on two seven-year-old girls in the United States. Their Attorney confirmed that FGM was, for her clients, a religious practice<ref>[https://web.archive.org/web/20220224140527/https://edition.cnn.com/2017/04/26/health/fgm-indictment-michigan/index.html Prosecutor: 'Brutal' genital mutilation won't be tolerated in US]</ref>:{{Quote|[http://archive.today/2021.04.09-044404/https://edition.cnn.com/2017/04/26/health/fgm-indictment-michigan/index.html 'Prosecutor: 'Brutal' genital mutilation won't be tolerated in US' - CNN]|They have a [right] to practice their religion. And they are Muslims and they’re being under attack for it. I believe that they are being persecuted because of their religious beliefs}} | ||
===Muʿtazila=== | ===Muʿtazila=== | ||
Muʿtazila is a rationalist school of Islamic theology that flourished in the cities of Basra and Baghdad during the 8th to the 10th centuries. The Mu'tazila developed an Islamic type of rationalism, partly influenced by Ancient Greek philosophy.{{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.}} | ||
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==Arguments De-linking FGM and Islam== | ==Arguments De-linking FGM and Islam== | ||
{{Quote|[http://archive.today/2021.04.09-075922/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' (Mar 27, 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.”}} | {{Quote|[http://archive.today/2021.04.09-075922/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' (Mar 27, 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.”}} | ||
As the above quote suggests, the idea that FGM might be un-Islamic appears to be relatively new. The earliest fatwa clearly critical of FGM appears to be from 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> and since then there have been other fatwas critical of FGM. However, most are favourable towards the practice. (see [[Qur'an, Hadith and Scholars:Female Genital Mutilation#Modern Fatwas|Modern Fatwas]]) [[File:Fgmwordsearches.jpg|alt=NGram for terms: 'FGM', 'Female Genital Mutilation' and 'Female Circumcision'|thumb|NGram for terms: 'FGM', 'Female Genital Mutilation' and 'Female Circumcision']]An Ngram for the terms ‘fgm’, ‘female genital mutilation’ and ‘female circumcision’ shows an increased use of ‘mutilation’ and 'FGM' as against the more anodyne 'circumcision' starting around 1990. This coincides with the 1989 Convention on the Rights of the Child, which first identified female genital mutilation as a harmful traditional practice, and mandated that governments abolish it as one of several ''<nowiki/>'traditional practices prejudicial to the health of children'''.<ref>[ | As the above quote suggests, the idea that FGM might be un-Islamic appears to be relatively new. The earliest fatwa clearly critical of FGM appears to be from 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> and since then there have been other fatwas critical of FGM. However, most are favourable towards the practice. (see [[Qur'an, Hadith and Scholars:Female Genital Mutilation#Modern Fatwas|Modern Fatwas]]) [[File:Fgmwordsearches.jpg|alt=NGram for terms: 'FGM', 'Female Genital Mutilation' and 'Female Circumcision'|thumb|NGram for terms: 'FGM', 'Female Genital Mutilation' and 'Female Circumcision']]An Ngram for the terms ‘fgm’, ‘female genital mutilation’ and ‘female circumcision’ shows an increased use of ‘mutilation’ and 'FGM' as against the more anodyne 'circumcision' starting around 1990. This coincides with the 1989 Convention on the Rights of the Child, which first identified female genital mutilation as a harmful traditional practice, and mandated that governments abolish it as one of several ''<nowiki/>'traditional practices prejudicial to the health of children'''.<ref>[http://www.ohchr.org/en/professionalinterest/pages/crc.aspx Convention on the Rights of the Child]</ref> Soon afterwards organisations such as the World Health Organisation (1995),<ref>[https://apps.who.int/iris/bitstream/handle/10665/63602/WHO_FRH_WHD_96.10.pdf?sequence=1&isAllowed=y Female genital mutilation : report of a WHO technical working group, Geneva, 17-19 July 1995]</ref> the Council of Europe (1995), and UNICEF & UNFPA (1997)<ref>[https://apps.who.int/iris/bitstream/handle/10665/41903/9241561866.pdf?sequence=1&isAllowed=y Female Genital Mutilation - A Joint WHO/UNICEF/UNFPA Statement]</ref> also issued reports critical of FGM. | ||
For the first time narratives critical of FGM started penetrating the Islamic world, parts of which began to feel uneasy about Islam's association with FGM, and have consequently sought to de-link the two by showing that FGM is un-Islamic. | For the first time narratives critical of FGM started penetrating the Islamic world, parts of which began to feel uneasy about Islam's association with FGM, and have consequently sought to de-link the two by showing that FGM is un-Islamic. | ||
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The 'FGM is un-Islamic' narrative is reinforced because the practice gives rise to a dilemma whereby telling the truth (or even just making known facts and evidence) is likely to aggravate the problem. | The 'FGM is un-Islamic' narrative is reinforced because the practice gives rise to a dilemma whereby telling the truth (or even just making known facts and evidence) is likely to aggravate the problem. | ||
In recent decades many agencies and charities have engaged themselves in the fight against FGM<ref>[ | In recent decades many agencies and charities have engaged themselves in the fight against FGM<ref>[https://web.archive.org/web/20220224141209/https://www.humanrightscareers.com/issues/organizations-fighting-female-genital-mutilation/ 20 Organizations Fighting Female Genital Mutilation]</ref>. These agencies face a particular challenge when interacting with individuals and populations who practice FGM: how, for example, does an anti-FGM charity respond to a Somali mother who asks whether FGM is Islamic? If the charity worker tells her about the FGM in the hadith, and how FGM is part of the ''fitrah'' (which Qur'an 30:30 exhorts Muslims to adhere to - see [https://wikiislam.net/index.php?title=Female_Genital_Mutilation_in_Islamic_Law&stable=0#FGM_in_the_Qur.27an FGM in the Qur'an]), and how the school of fiqh which the Somali woman follows, the Shafi'i, makes FGM mandatory - then that mother will come away from that interaction ''more'' likely to have her daughter mutilated, not ''less''. | ||
This dilemma is faced not just by on-the-ground charity workers, but the whole hierarchy of institutions devoted to combating FGM, including politicians, the media and academia. To resolve the dilemma a number of propositions have evolved to defend the proposition that FGM is un-Islamic. | This dilemma is faced not just by on-the-ground charity workers, but the whole hierarchy of institutions devoted to combating FGM, including politicians, the media and academia. To resolve the dilemma a number of propositions have evolved to defend the proposition that FGM is un-Islamic. | ||
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===Christians Practice FGM Too=== | ===Christians Practice FGM Too=== | ||
{{Quote|[http://archive.today/2021.04.22-040215/https://www.theguardian.com/society/2014/feb/06/female-genital-mutilation-facts Female genital mutilation: facts you need to know about the practice]|Although the practice is mainly found in some Muslim societies, who believe, wrongly, that it is a religious requirement, it is also carried out by non-Muslim groups such a '''Coptic Christians in Egypt'''', and '''several Christian groups in Kenya'''.}} | {{Quote|[http://archive.today/2021.04.22-040215/https://www.theguardian.com/society/2014/feb/06/female-genital-mutilation-facts Female genital mutilation: facts you need to know about the practice]|Although the practice is mainly found in some Muslim societies, who believe, wrongly, that it is a religious requirement, it is also carried out by non-Muslim groups such a '''Coptic Christians in Egypt'''', and '''several Christian groups in Kenya'''.}} | ||
It is correct that some Christians practice FGM. Indeed about 20% of global FGM is attributable to non-Muslims, for the most part Christians.<ref name=":0">[ | It is correct that some Christians practice FGM. Indeed about 20% of global FGM is attributable to non-Muslims, for the most part Christians.<ref name=":0">[https://web.archive.org/web/20220224141553/https://fgmtruth.wordpress.com/what-percentage-of-global-fgm-are-moslems-responsible-for/ What Percentage of Global FGM is done by Moslems?]</ref> | ||
Critics can point out that the premise of this argument implies that a practice can not be Islamic if some Christians also engage in it. This would mean that Islam's scope is restricted to that which Christians don't do - for example, the fact that some Christians abstain from alcohol or meat means that Islam's interdictions on consuming alcohol or pork are un-Islamic. | Critics can point out that the premise of this argument implies that a practice can not be Islamic if some Christians also engage in it. This would mean that Islam's scope is restricted to that which Christians don't do - for example, the fact that some Christians abstain from alcohol or meat means that Islam's interdictions on consuming alcohol or pork are un-Islamic. | ||
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The Christians who practice FGM 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 - whether Muslim or otherwise. Any contact or proximity with them, or sharing of objects is considered as 'contaminating'. Individuals, families and communities that do not follow the dominant culture's purity observances are perceived as threatening the spiritual and religious lives of that community. 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. | The Christians who practice FGM 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 - whether Muslim or otherwise. Any contact or proximity with them, or sharing of objects is considered as 'contaminating'. Individuals, families and communities that do not follow the dominant culture's purity observances are perceived as threatening the spiritual and religious lives of that community. 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 community's purity observances are shunned, stigmatised, discriminated against and persecuted.<ref>[https://www.worldwatchmonitor.org/the-aasiya-noreen-story/ The Story of Asia Bibi]</ref> Non-Muslims living in such societies under pressure to adopt dominant Islamic purity practices. | This means that in such Islamic communities, non-Muslims who do not follow the community's purity observances are shunned, stigmatised, discriminated against and persecuted.<ref>[https://web.archive.org/web/20220224141955/https://www.worldwatchmonitor.org/the-aasiya-noreen-story/ The Story of Asia Bibi]</ref> Non-Muslims living in such societies under pressure to adopt dominant Islamic purity practices. | ||
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> | 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://web.archive.org/web/20220224142515/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. | There are however three countries where FGM appears to be practiced by Christian ''majorities'' – Ethiopia, Eritrea and Liberia. | ||
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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 (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). }}('''NB''' - since Dr Ashenafi Moges published the above-cited essay, FGM has been reported in Jordan, Syria, Iran and Iraq and many other Middle East countries. A study has found FGM-rates of 20% in Jeddah, Saudi Arabia<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>) | 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). }}('''NB''' - since Dr Ashenafi Moges published the above-cited essay, FGM has been reported in Jordan, Syria, Iran and Iraq and many other Middle East countries. A study has found FGM-rates of 20% in Jeddah, Saudi Arabia<ref>[https://web.archive.org/web/20220224142953/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>) | ||
About 20% of Muslim women have undergone FGM<ref name=":0" />, which suggests that about 80% of Muslims ''don't'' practice FGM. | About 20% of Muslim women have undergone FGM<ref name=":0" />, which suggests that about 80% of Muslims ''don't'' practice FGM. | ||
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#the ''hadith'' not be very weak; | #the ''hadith'' not be very weak; | ||
#the ''hadith'' be within the scope of an authentic legal principle that is applied and accepted in either the Qur’an or Sunnah; | #the ''hadith'' be within the scope of an authentic legal principle that is applied and accepted in either the Qur’an or Sunnah; | ||
#its weakness, not authenticity, be realized when applying it.<ref>[https://www.terrorism-info.org.il/Data/pdf/PDF_11_046_2.pdf Portrait of Sheikh Dr. Yusuf Abdallah al-Qaradawi, senior Sunni Muslim cleric, affiliated with the Muslim Brotherhood] - The Meir Amit Intelligence and Terrorism Information Center (2011)</ref> | #its weakness, not authenticity, be realized when applying it.<ref>[https://web.archive.org/web/20220224143255/https://www.terrorism-info.org.il/Data/pdf/PDF_11_046_2.pdf Portrait of Sheikh Dr. Yusuf Abdallah al-Qaradawi, senior Sunni Muslim cleric, affiliated with the Muslim Brotherhood] - The Meir Amit Intelligence and Terrorism Information Center (2011)</ref> | ||
For example, even assuming it a daif hadith, the information that Muhammad considered a form of FGM excessively severe can be taken from ''<nowiki/>'Do not cut severely''', since it contradicts neither stronger hadith nor the Qur'an. | For example, even assuming it a daif hadith, the information that Muhammad considered a form of FGM excessively severe can be taken from ''<nowiki/>'Do not cut severely''', since it contradicts neither stronger hadith nor the Qur'an. | ||