Islam & FGM Mohamed Bashir Joaque

Myth or Reality?

• Circumcision has existed in both genders well before Islam

• At the time when Islam was introduced in Arabia, the practice continued

• Today many cultures both Muslims and non Muslims around the world still embrace this practice.

Polarization of the Issue

•A war is raging, with extremists on both sides, over the issue of circumcision. On one side are fanatic secularists whose antipathy to religion has induced them to engage in a crusade against all forms of circumcision, including male circumcision, as a form of child abuse. On the other side are ignorant traditionalists who have ascribed to religious beliefs cultural traditions involving horrific forms of female genital mutilation (FGM, which they defend as a form of "female circumcision"). In between the extremes are many well-meaning people confused about the actual nature of the scientific evidences and the religious prescriptions regarding all sorts of practices involving any form of cutting in the genital areas.

•Imad-ad-Dean Ahmad, Ph.D.•  

Islam & Circumcision

• The legal framework in Islam can be understood by

• The sources of the Islamic Law

• The schools of thought

Sources of Islamic Law

•Quran – The Holy scripture •Sunnah – Traditions of the prophet •Ijmaa - consensus amongst Muslim jurists on a particular legal issue

•Qiyas – Analogy (It aims to draw analogies to a previously accepted decision)

•Istihsan - juristic discretion (It involves giving favour to rulings that dispel hardship and bring ease to people)

•Maslaha Al Mursalah - Public interest •Al urf - Local custom

Schools of jurisprudence

• Sunni schools of jurisprudence are each named after the classical jurist who taught them.

• The four primary Sunni schools are: • the Hanafi, Imam Abu Hanifah• Shafi'i, Imam Ash-Shafi’ee• Maliki, Imam Maalik Ibn Anas and•  Hanbali, Imam Ahmad Ibn Hanbal

Views of Muslim Scholars on circumcision

1. Obligatory for male and female (shafi and some Hanbalis)

2. Recommended for both male and female (Maliki and Hanafi)

3. Recommended for male and desirable for female (Hanbali and some Malikis)

4. It is recommended for males only5. Islam forbids FGM in all forms

Sources of evidence

• 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, shaving the pubes, trimming the moustache, cutting the nails and plucking the armpit hairs.”Bukhari 5891; Muslim 527

Sources of evidence • ‘Aa’ishah (may Allaah be pleased with her) said: The Messenger of Allaah (peace and blessings of Allaah be upon him) said: “When a man sits between the four parts (arms and legs of his wife) and the two circumcised parts meet, then ghusl is obligatory.” Muslim (349)

• The Prophet (peace and blessings of Allaah be upon him) mentioned the two circumcised parts, i.e., the circumcised part of the husband and the circumcised part of the wife, which indicates that a woman may be circumcised just like a man.

Sources of evidence • Narrated from Umm ‘Atiyyah al-Ansaariyyah that a woman used to do circumcisions in Madeenah and the Prophet (peace and blessings of Allaah be upon him) said to her: “Do not go to the extreme in cutting; that is better for the woman and more liked by the husband.” Abu Dawood (5271)

•  It clearly forbids severity in circumcision and bases such limitation on both the potential to harm the woman and the potential to make her less desirable to her husband.

• Yet, despite the restriction against severity, the Prophet did not here prohibit circumcision completely

Important points • FGM is neither encouraged nor discouraged with direct text as the Prophet SAW did not instruct his companions nor did we find any evidence for his daughters performing the act.

• FGM practices varies from one country to the other and most of these forms will not conform to the previous quoted tradition.

• On the principle of istislah (juristic discretion) which involves giving favour to rulings that dispel hardship and bring ease to people it could be argued that FGM should be discouraged based on medical evidence and current malpractices.

Positive Islamic Messages

• Islam emphasizes the importance of taking expert advice e.g. from medical doctors (Quran: 16: 43)

• Cutting healthy organs and causing any physical harm is unlawful (Quran: 2: 195).

• Allah condemns those who change His creation (Quran: 4: 119)

• Women have a right to a healthy body and enjoyment of matrimonial sexual relations

Positive Islamic Messages

• Islam lays emphasis on good upbringing (tarbiya) and moral teachings to ensure chastity

• Nobody should be punished for fear that they could potentially indulge in unlawful sex

•Nothing should be done to the body that would prevent purity for the purposes of worship (Infibulation makes genital hygiene impossible)

•Islam condemns harmful cultural practices e.g. female infanticide (Quran: 81: 8-9)

Engaging the Muslim community

•FGM is a sensitive subject and sometimes even a taboo!!

•Careful sensitisation, gradual approach, positive engagement will go a long way.

•It is illegal in the UK •It is not obligatory in Islam•If a Mubaah [permissible] act causes harm, it becomes prohibited

•So do not engage in it

Final Word

• The Prophet (peace be upon him) said;

• “Do not cause harm and do not

reciprocate harm.”• Ibn Maajah & ad-Daaraqutnee