VOICE
OF GLOBAL UMMAH
Volume
232, June 16, 2013
Editors:
Mohamed & Rashida Ziauddin
In
the Name of Allah, the Most Beneficent and the Most Merciful
(www.xeniagreekmuslimah.wordpress.com)
EDITORIAL:
In this E-Zine our
spotlight is on the recent declaration (see below article I-a, June 11, 2013) by the American Society for
Muslims Advancement / Global Muslim Women's Shura Council that Female
Genital Cutting (FGC) is UN-ISLAMIC.
We really feel very sorry for the utter ignorance by the anti-Islamic extremists who out of their personal bias & hate are waiting for any and all opportunities to demonize Islam. Even though FGC has been practiced by Muslims, Christians and Jews, because of their above bias, their focus is only to blame Islam for such practice. Most of them are not even aware that FGC is not a Islamic practice but a social and cultural practice that predates the birth of both Islam and Christianity. Origins of the practice have been traced to Pharonic Egypt based on evidence found on mummies. Further the fact remains that the majority of the Muslim countries DO NOT practice FGC including Saudi Arabia and Iran except for some of its immigrants. Further FGC is common in several Christian majority countries including Ethiopia, Kenya and Central African Republic. In fact in Kenya and Tanzania, a higher percentage of Christian women than Muslim women undergo FGC. The best we can do is to pray that Almighty Allah brings the anti-Islamic extremists out of their darkness of ignorance and enlighten them on facts based on history and science.
We applaud the American Society for Muslim Advancement / Global Muslim Women's Shura Council for having done an excellent job to eloquently bring out the facts (see below article Part I-d), in a logical manner demonstrating that FGC is not only UN-ISLAMIC, but also (a) contradicts the Holy Quran (b) contradicts the Prophet Mohamed's (SAW) examples & words (Sunnah & Hadith) (c) Not supported by legal consensus (Ijma) or legal opinion (Fatwa) (d) Not supported by Analogy (Qiyas) and last but not the least (e) Contradicts the principles of Islamic Jurisprudence.
We really feel very sorry for the utter ignorance by the anti-Islamic extremists who out of their personal bias & hate are waiting for any and all opportunities to demonize Islam. Even though FGC has been practiced by Muslims, Christians and Jews, because of their above bias, their focus is only to blame Islam for such practice. Most of them are not even aware that FGC is not a Islamic practice but a social and cultural practice that predates the birth of both Islam and Christianity. Origins of the practice have been traced to Pharonic Egypt based on evidence found on mummies. Further the fact remains that the majority of the Muslim countries DO NOT practice FGC including Saudi Arabia and Iran except for some of its immigrants. Further FGC is common in several Christian majority countries including Ethiopia, Kenya and Central African Republic. In fact in Kenya and Tanzania, a higher percentage of Christian women than Muslim women undergo FGC. The best we can do is to pray that Almighty Allah brings the anti-Islamic extremists out of their darkness of ignorance and enlighten them on facts based on history and science.
We applaud the American Society for Muslim Advancement / Global Muslim Women's Shura Council for having done an excellent job to eloquently bring out the facts (see below article Part I-d), in a logical manner demonstrating that FGC is not only UN-ISLAMIC, but also (a) contradicts the Holy Quran (b) contradicts the Prophet Mohamed's (SAW) examples & words (Sunnah & Hadith) (c) Not supported by legal consensus (Ijma) or legal opinion (Fatwa) (d) Not supported by Analogy (Qiyas) and last but not the least (e) Contradicts the principles of Islamic Jurisprudence.
Muslims should play an
important role to work actively towards the goal of eliminating the
inhumane act of FGC which we know originates from a cultural practice and NOT from Islam. It is really unfortunate that some of the
immigrants who have settled in the US are having a difficult time to let
go of their barbaric cultural practice of FGC. True assimilation
should include eliminating above cultural practice of FGC. The US is
one of the most fertile social landscapes in the world to practice universal Islam that ideally should be Quran centered and free of
being polluted by certain negative cultural practices. Muslims from
the mainstream Ummah must actively work to assist the immigrants to
abandon such UN-ISLAMIC practice. It could be argued that the victims of this sick practice who are females have to essentially go through tremendous cultural sanctioned physical and sexual abuse. This is an important issue that unfortunately tends to be pushed under the
social rug again and again when it is supposed to be highlighted &
aggressively condemned by the Imams and Islamic leaders in the local
Mosques in the strongest possible terms.
We also deeply appreciate Lisa Anderson in her report published on March 11, 2013, (see below
article 1-b and 1-c) in which she has rightly pointed out that female genital mutilation (FGM) is on the rise in the United
States. Of particular concern is that up to 200,000 girls and women
in the United States are at risk of FGM and that the number is
growing. We fully support the federal law that was passed against
sending young women outside US for the so called “vacation
cutting”.
In general, one of the
many areas of improvement for the Global Ummah is to pay much more
attention to the other HALF of our Ummah in terms of addressing the
historic & cultural injustices perpetrated on them and thereby
impacting millions of Muslim females in a myriad of ways. FGC is just one of the many injustices that needs to be aggressively confronted and eliminated. Global
Ummah can literally never bring out its best in this conflict ridden
world without first getting its own house in order and addressing
blatant injustices perpetrated on half of its own Ummah primarily through cultural practices. Almighty
Allah out of his mercy had through our beloved Prophet Mohamed (SAW) introduced Islam to mankind for many
reasons and one of which was to fight against injustice. Thanks to
our loving Prophet Mohamed (SAW), who abolished burial of live female
infants, gave inheritance rights to women, advocated for women's rights and even stated that “Women's rights are Sacred”. To
what extent our Muslim brothers are really implementing above
honorable statement in practice, especially with their loved ones ?
Unfortunately the
cultural scum that has nothing to do with Islam had been and
continues to be masquerading either directly or indirectly under the
umbrella of Islam and it has brought great injustice, oppression to our
Muslim sisters across the world. In general, while it may be
convenient and easy to maintain the “status-quo”, we must
transcend above our “convenience” and instead practice Islam for
what it was really meant to be “to fight against injustice”. A
true Muslim cannot turn a blind eye to the injustices faced by his
mother, sister, wife and daughter. In a way it may be a test from
Allah to find out whether a Muslim truly prefers ISLAM or abandons
Islam for his CULTURE.
In above backdrop, as indicated in the beginning of this Editorial, the
announcement by American Society for Muslim Advancement / Global Muslim Women's Shura Council that Female
Genital Cutting is UN-ISLAMIC is a positive step in the right
direction. We would like to go one step further and state that anyone
who involves in the act of FGC is committing a crime and should be
punished to the fullest extent of the law. (we acknowledge the sad reality that in
most cases primarily in Africa & to some extent in Asia, such laws
don't exist because FGC is accepted as a cultural practice). This is
an area that we not only need Islamic scholars and leaders to take
this issue extremely seriously but also
the governments in the countries where it is widespread to educate & initiate
aggressive campaigns against it and declare this practice to be a
crime and promulgate a punishment as they deem fit.
PART I-a:
Female Genital Cutting (FGC) is Un-Islamic
American Society for
Muslim Advancement
The Global Muslim
Women's Shura Council
June 11, 2013
June 11, 2013
Global Muslim Women’s Shura Council
Declares Practice of
Female Genital Cutting Un-Islamic
(Suhair al-Bata’a, 13, died while she was being circumcised in a
village northeast of Cairo. (Photo courtesy of Egypt Independent)
June 11, 2013 - New
York, NY: Suhair al-Bata'a, a thirteen year old Egyptian girl, did
not have to die. Her parents were looking forward to her future and
so was she. However, the Female Genital Cutting (FGC) operation took
her life far too early.
The Global Muslim
Women's Shura Council (The Council) stands together with the Egyptian
National Council for Women in demanding the eradication of this
practice. The Council condemns FGC as a harmful and un-Islamic
practice that contradicts the teachings of the Qur'an and the
Prophet's Example (Sunnah).
Laleh Bakhtiar, a Council member and the author of the English translation The Sublime Quran, states: "There is no mention of FGC in the Qur'an, it is a cultural practice growing as it did out of local customs in Egypt and elsewhere."
Laleh Bakhtiar, a Council member and the author of the English translation The Sublime Quran, states: "There is no mention of FGC in the Qur'an, it is a cultural practice growing as it did out of local customs in Egypt and elsewhere."
Daisy Khan, Executive
Director of American Society for Muslim Advancement, said, "FGC
violates human rights of over 130 million women worldwide and
continues to pose a threat to three million girls every year, and as
a tradition, it is an absolute corruption of the Islamic doctrine and
must be eliminated from all Muslim societies."
In August 2010, 96% of
Muslim women polled worldwide declared FGC to be an un-Islamic
practice which must be eliminated. The Council has prepared various
educational tools to help in the elimination of this practice. The
Council appeals to the public to read/view and disseminate the three
minute long video, the two-page digest "Female Genital Cutting:
Harmful and Un-Islamic," and the ten-page full report.
PART I-b:
Female Genital
Mutilation is on the Rise in
the United States – Report.
Source: Thomson Reuters
Foundation
11 Mar 2013
11 Mar 2013
Lisa Anderson
NEW YORK (TrustLaw)
The ancient, brutal practice of female genital mutilation (FGM), once considered primarily a problem of the developing world, is a growing threat to girls and women in the United States, according to a new report.
The ancient, brutal practice of female genital mutilation (FGM), once considered primarily a problem of the developing world, is a growing threat to girls and women in the United States, according to a new report.
The United States has
longstanding laws against the practice of FGM on U.S. soil and in
January, passed a federal law against sending young women outside the
country for so-called "vacation cutting". However, girls
living in America increasingly are at risk of the procedure both at
home and abroad, according to research by Sanctuary for Families.
The New York City-based
non-profit organisation, which specialises in gender-based violence,
said up to 200,000 girls and women in the United States are at risk
of FGM and that the number is growing.
"People
in the United States think that FGM only happens to people outside of
the United States, but in all actuality, people here all over the
country have been through FGM," said Jaha, 23, formerly from
Gambia and now a survivor and advocate against FGM.
"Kids that were
born in this country are taken back home every summer and undergo
this procedure," she was quoted as saying in the report.
The study cited analysis
of data from the 2000 census that found between 1990 and 2000 the
number of girls and women in the United States at risk of the
procedure - which involves the partial or total removal of external
female genitalia - increased by 35 percent.
SADNESS, EMPTINESS
Most prevalent in
immigrant African and Middle Eastern communities, FGM generally
originates in the belief by some cultures that it preserves a girl's
virginity before marriage and discourages her from promiscuity after
she is wed. In many communities, a girl is deemed unfit for marriage
if she has not undergone FGM.
The report said FGM has
been performed in the United States by health care providers who
support FGM or do not want to question families' cultural practices.
Whether performed
covertly on U.S. soil or in ceremonies held in ancestral homelands
during school vacations, the procedure often is done by traditional
practitioners using crude implements, such as razor blades and broken
glass. They often operate in unsanitary conditions, far from medical
facilities, without anesthesia, antiseptics or antibiotics.
The physical and
psychological effects can be devastating and even fatal. FGM can
cause severe pain during sexual intercourse, hemorrhage, shock,
complications in childbirth and fistula. It can also lead to
depression and anxiety.
"FGM
has affected me emotionally throughout my entire life. Those terrible
moments stay with me and I just cannot forget them," a
53-year-old woman named Nafissatou, originally from Guinea, told
researchers.
"When I went to the
hospital to give birth to my children, my experience with FGM was
what I remembered most. Every time I shower, I think about it. There
is a sadness and emptiness I fell every day because of what FGM took
from me," she said.
LACK OF PROSECUTIONS
The United Nations last
December called for a global ban on FGM, but, as with laws in the
United States, implementation is extremely difficult and, to date,
prosecutions have been rare.
The United States has
had a law against FGM since 1996 and 20 states have passed their own
statutes. But, according to the report, as of 2012, there have been
no prosecutions under federal law, and only one criminal case has
been brought forward under a state statute.
One problem is that
families in the United States, even those who oppose FGM for their
daughters, often find themselves under severe pressure from their
extended families to subject girls to the procedure.
Another obstacle is a
lack of reporting of FGM either by victims, girls at risk or their
families. Part of the reason may be due to ignorance of the law, the
report found.
"However, reasons
for under reporting likely also include reluctance on the part of the
girl or her family to come forward, precisely because they know and
fear the legal penalties for doing so," it said.
"Many girls fear
that innocent family members, especially their mothers, will be
considered complicit in their family’s efforts to force them to
undergo FGM, or worry that if they report their relatives, they will
be arrested, prosecuted, and possibly deported," it added.
The report makes a
number of recommendations on ways to prevent FGM in the United
States.
Key among them:
--Outreach and education
to immigrant communities about the legal, physical and psychological
consequences of FGM.
--Encouraging community
and religious leaders to educate their communities about the harm and
illegality of FGM
--Guidelines and
training to assist front-line professions, such as law enforcement
agents, teachers and health care workers to identify and protect
girls at risk.
--Robust enforcement of
laws prohibiting FGM, not only on U.S. soil but in the case of
girls sent abroad for the procedure
For the full article,
please check out:
http://www.trust.org/trustlaw/news/factbox-female-genital-mutilation-in-the-united-states
PART I-c:
FACTBOX: Female Genital Mutilation in the United States
Source: Thomson Reuters
Foundation
11 Mar 2013
11 Mar 2013
Author: Lisa Anderson
(Condensed version)
NEW YORK (TrustLaw):
The most recent figures,
produced by the Centers for Disease Control and Prevention (CDC) in
1997, estimate that up to 200,000 young girls and women in the United
States are at risk for female genital mutilation (FGM).
Here are the top five
U.S. states where girls and women are estimated to be most at risk
of FGM:
California - 38,353
girls and women at risk
New York - 25,949
New Jersey - 18,584
Virginia - 17,980
Maryland - 16,264
(Source:
Population Reference Bureau analysis of data from the 2000 Census
cited in the Sanctuary for Families report)
PART I-d:
Female Genital
Cutting:Harmful and Un-Islamic
The Digest
A Statement of the WISE
(Muslim Women’s Shura Council)
(July 2010)
(condensed version)
(condensed version)
FEMALE GENITAL CUTTING:
HARMFUL AND UN-ISLAMIC
The
Shura Council is a global and inclusive council of Muslim women
scholars, activists, and specialists. The Council endeavors to
connect Islamic principles to society's most pressing issues and
develop holistic strategies for creating positive social change.
In
the following statement, the Shura Council condemns Female Genital
Cutting as a harmful and un-Islamic practice and suggests ways to
eliminate it. In doing so, the Council is in accordance with the
rising religious consensus on the issue, the views of the
international human rights community and published medical research.
INTRODUCTION
.....This Shura Council
statement uses The World Health Organization (WHO) criteria for the
definition of FGC. The World Health Organization classifies FGC into
four major types, based on severity of excision. FGC, therefore,
describes a varied range of practices, including the following:
slight pricking or nicking of the clitoral hood; hoodectomy
(excision of the clitoral hood); clitoridectomy (excision of the
clitoris); the excision of the clitoris and labia minora and majora;
and infibulation (suturing) with excision of the external genitalia.
Commonly cited reasons
for the practice include the faulty beliefs that FGC is "a good
tradition" or a religious requirement or that it ensures
“cleanliness” and prevents excessive clitoral growth. FGC is
also deeply connected to marriage rituals and ideas about protecting
virginity and preventing promiscuity.
FGC is practiced openly
in 28 different African countries, as well as secretly in parts of
the Middle East, Europe, Australia, and the United States. Over 130
million women worldwide have been affected by some form of FGC, and
three million girls are at risk every year.
Most children are
subjected to FGC between the ages of four and ten years. However,
there has been a recent downward shift in the age of victims, as
parents try to reduce trauma to their children, avoid government
interference, or forestall resistance from the children themselves.
Some women who escaped
FGC during childhood may later under go FGC as a prerequisite for
marrying into a community.
FGC has been widely
condemned by political and religious authorities and is banned by a
broad network of local, national, and international laws. Countries
with national laws against FGC include Burkina Faso,Central African
Republic, Djibouti, Ghana, Great Britain, Guinea, Sudan, Sweden, and
the United States. In other countries, child abuse laws cover FGC.
The governments of Benin, Burkina Faso, Cameroon, Central African
Republic, Côted'Ivoire, Djibouti, Egypt, Eritrea, Ethiopia, Gambia,
Guinea, Kenya, Niger, Senegal, Sudan, Tanzania, Togo, and Uganda have
declared their commitment to eradicating the practice.
The WHO, United Nations
Children's Fund, and United Nations Population Fund have issued
joint statements against FGC, recognizing it as a major human rights
violation against girls and women.
Major international
treaties that ban the practice include Convention on the Elimination
of all Forms of Discrimination against Women (CEDAW) and Convention
on the Rights of the Child. Regional treaties that forbid the
practice include "The African Charter on Human and Peoples' Rights" (the Banjul Charter) & its Protocol on the
Rights of Women in Africa and the African Charter on the Rights and
Welfare of the Child.
High-level Islamic
religious scholars from around the world have denounced FGC with
legal opinions (fatwa). A 2005 report entitled, "Children in
Islam: Their Care, Development and Protection," issued by UNICEF
and the International Islamic Center for Population Studies and
Research at Al-Azhar University, also strongly condemns the practice.
FGC IS HARMFUL:
Medical consequences of
FGC include, but are not limited to, the following: death through
shock and/or excessive bleeding; infection; sepsis; urine retention;
ulceration of the genital region; injury to adjacent genital tissue;
scarring; infertility; cysts; painful sexual intercourse; increased
risk of transmission of sexually transmitted diseases including
HIV/AIDS; and a range of resulting psychological and psychiatric
problems.
Although all FGC
procedures carry health risks, infibulation (suturing) with excision,
which accounts for 10% of all FGC cases in Africa, is by far the most
dangerous to children and women.
FGC procedures are often
performed in unsterile environments and with little or no anesthesia.
In areas of the world where medical facilities are ill-equipped or
inaccessible, children who develop uncontrolled bleeding or infection
die within hours of the first incision.
Women who have undergone
FGC are significantly more likely to die during childbirth and give
birth to a stillborn child.
In fact, FGC-practicing
regions have the world‟s highest maternal and infant mortality
rates. Research suggests that
FGC can be eliminated very rapidly if communities themselves decide
to do so. Unfortunately, FGC
continues to endure because of cultural and political reasons and is
often fallaciously justified on religious grounds.
FGC IS UN-ISLAMIC
Muslim proponents of FGC
often try to justify it on the basis of religion and the practice is
wide spread in several Muslim-majority countries. According to a
UNICEF report based on Demographic and Health Surveys, FGC is most
prevalent in the following countries:
Guinea (99% prevalence
in 1999); Egypt (97% rate of prevalence among ever-married women in
2003); Mali (92% percent in 2001); and northern Sudan (90% prevalence
in 2000). Somalia and Djibouti are estimated to have prevalence rates
of around 90%.
FGC is also common in several Christian-majority countries in Africa including Ethiopia, Kenya, and The Central African Republic (CAR).
FGC is also common in several Christian-majority countries in Africa including Ethiopia, Kenya, and The Central African Republic (CAR).
In Burkino Faso, Côte
d‟Ivoire, Mali, and Niger, Muslim women are more likely than
Christian women to have undergone FGC. However, in Kenya and
Tanzania, the reverse is true, with a higher percentage of Christian
women than Muslim women undergoing FGC.
Exposure is also
determined by ethnicity, locale and education. This diversity stems
from the fact that FGC is a social and cultural practice, not a
religious one. It predates the birth of both Islam and Christianity.
Origins of the practice are unclear; however, it is generally traced
to Pharaonic Egypt, based on evidence found on mummies.
FGC is virtually absent
in many Muslim-majority countries, including Iran and Saudi Arabia,
where it can be found mainly among immigrant populations.
It is performed by
Christians, Muslims, and Jews, as well as by members of non-Abrahamic
religions in the areas where it is common.
FGC as it is currently
practiced has been overwhelmingly condemned by religious authorities
and rendered illegal by government statutes and international
treaties.
Based on every single
source guiding Islamic ethics, it is clear that FGC is unjustifiable
on Islamic grounds. These sources include the Qur'an, the example
and sayings of the Prophet Muhammad (sunnah and hadith), the
objectives and principles of Muslim religious law (maqasid
al-shari'a), religious consensus (ijma), legal opinions (fatwa), and
analogical deduction (qiyas).
I. FGC Contradicts The Holy Qur’an:
The Qur'an does not
specifically mention female genital cutting. However, the Qur'anic
messages of health, justice, and compassion, which permeate the holy
text, clearly contradict the practice of FGC.
Several other Qur'anic
verses strongly condemn acts that negatively affect the human body
(2:195; 4:119; 30:30), as FGC clearly does. Furthermore, the Qur'an
promotes mutual pleasure during marital sexual intercourse (2:187 and
30:21), which is severely limited by FGC. According to the Qur'an,
humans were created in “the best stature” (95:4). Therefore, the
human body is to be left as it was created by God, unless there is an
acceptable reason for interfering with it.
“Tradition” is not
an acceptable reason, as the Qur‟an strongly condemns those who
blindly follow harmful traditions:
But when they are told,
"Follow what God has bestowed from on high," some answer, "Nay, we shall
follow [only] that which we found our forefathers believing in and
doing." Why, even if their
forefathers did not use their reason at all, and were devoid of all
guidance? (2: 170)
Islam forbids all
harmful and destructive cultural practices. One relevant example is
female infanticide, which was “traditional” to pre-Islamic Arabia
but came to be banned under Islam. The Qur'anic injunction against
female infanticide and hurting innocents , therefore, is worth
repeating here:
“and when the girl
child who was buried alive shall be asked for what sin was she
killed” (81: 8-9).
II. FGC Contradicts the Prophet’s Example and
Words (Sunnah and Hadith):
There is no mention of
any female members of the Prophet‟s household being cut, whereas
there is evidence that his two grandsons, al-Hassan and al-Hussein,
were circumcised at the age of seven days.
The Prophet was
exemplary in his kindness and gentleness towards all members of his
family and is known to have said, “Whoever becomes the father of a
girl, he should neither hurt her nor treat her with contempt.”
Speaking of one of his
daughters, the Prophet noted, “[she] is a part of my body, and I
hate what she hates to see, and what hurts her, hurts me.”
Several hadith, the
authenticity of which cannot be confirmed, mention female genital
cutting. The hadith most commonly used by proponents of FGC is the
following:
Um Atiyyat al-Ansariyyah
said: “A woman used to perform circumcision in Medina. The Prophet
(pbuh) said to her: Do not cut too severely as that is better for
a woman and more desirable for a husband‟.” This is considered a
“weak” hadith and can be found in only one of the six hadith
collections generally accepted as authentic.
Therefore, this hadith
is not suitable for legal argumentation. In addition, there is also a
great deal of contention as to its wording and interpretation.
Sayyid Sabiq, renowned
scholar and author of Fiqh-us-Sunnah, has debunked as un-authentic
every hadith concerning female circumcision.
However, even if one
were to entertain the possibility that this particular hadith is
authentic, it does not justify FGC, because it does not encourage the
practice, but instead curbs it: the Prophet is advising against
cutting a woman‟s genitalia severely enough to harm her and her
relations with her husband. All but the most symbolic forms of FGC
would be banned on the basis of this supposedly sympathetic hadith
alone, even if it were authentic.
According to the
International Islamic Center for Population Studies and Research at
Al-Azhar University, “the use of the
general term, Sunnah Circumcision‟ [for FGC] is nothing but a form
of deceit to misguide people and give the impression that the
practice is Islamic.”
III. FGC is Not
Supported by Legal Consensus (Ijma) or Legal Opinions (Fatwa)
There is no consensus
within the four classical fiqh schools on FGC. Classical Islamic
scholars who mention female circumcision allowed cutting only the
uppermost skin of the clitoral prepuce.
Therefore, Islam
amounted to a regulation and curbing of a pre-existing practice. In
keeping with this curbing, currently the majority of Muslims do not
practice any form of female genital cutting.
In accordance with the
principle of protecting life and in confirmation of the important
hadith, "there should be neither harming nor reciprocating
harm," Islamic law forbids any attack on the human body ,
including any form of corporal harm or sexual assault.
It is likely that
scholars who have called FGC permissible(mubaah) were not aware of
its harm, because only a cultural practice that does not hurt an
individual or the society can be called permissible under Islamic
law.
With the increase in
scientific and medical knowledge on the effects of FGC on children,
women, and families, extensive scholarly consensus has begun to form
among contemporary scholars. Numerous learned fatwas have been issued
against the practice worldwide, and an increasing tide of Islamic
scholarship has been wearing down the cultural walls of FGC. In a
global 2006 conference, an impressive array of high-level Islamic
religious scholars from around the world declared FGC to be both
contrary to Islam and an attack on women.
Among the scholars
present were Egypt's two top Islamic clerics: Dr. Mohammed Sayed
Tantawi, the Grand Sheik of Al-Azhar, the foremost theological
institute in the Sunni Muslim world, and Grand Mufti Ali Gomaa.
Other participants:
included Hamdi Mahmoud
Zakzouk (the minister of religious affairs in Egypt), Sultan
Abdelkader Mohamed Humad of Djibouti, and Sultan Ali Mirah Hanfary of
Ethiopia, as well as distinguished scholars from Somalia, Chad, Mali,
Mauritania, Eritrea, Nigeria, Djibouti, Morocco, and Turkey.
Prominent religious scholar Dr. Yusuf al-Qaradawi, who had previously
been ambivalent on the issue, noted that the Qur‟an forbids the
mutilation of God's creation and unequivocally declared, "We
are on the side of those who ban this practice.”
In 2009, Egypt's Dār
alIftā', the international flagship for Islamic legal research,
released an extensive statement that denounced “female
circumcision” as a harmful cultural rite: “Anyone who is
acquainted with the reality of the matter cannot speak except in
favor of its prohibition.”
In January 2010, a group
of thirty-four West African Muslim scholars and clerics assembled for
the purpose of issuing a fatwa against female genital cutting. Other
prominent scholars who have spoken against FGC include Sheikh Sayyid
Sabiq, Sheik Mohammad Arafa, Sheikh Shaltoot, Sheikh Abubakar
Aljazaairy, Dr. Su'ad Saleh, and Dr. Selim al-Awwa.
Currently, religious
scholars worldwide–including those in Egypt, Iraqi Kurdistan,
Somalia, Gambia, and Kenya, to name a few are working alongside
health professionals and social workers to eradicate FGC.
IV. FGC Cannot Be
Supported by Analogy (Qiyas)
Proponents of FGC
sometimes try to justify it by using qiyas, the Islamic legal
tradition of analogy, arguing that FGC is analogous to male
circumcision and therefore Islamic. However, FGC is not analogous to
male circumcision for the following reasons:
1. As explained above,
FGC has no basis in Islamic texts, in stark contrast to male
circumcision.
2. Unlike male
circumcision, FGC is practiced only by some Muslim communities, and
even these disagree on the extent and parameters of the cutting. Had
FGC been as connected to Islam as male circumcision, the extent of
cutting would have been as clearly defined and the practice would have been equally
widespread.
3. FGC cannot be
compared to circumcision because what is cut in males is skin that
has no essential function, whereas in females, functional organs are
often removed and modified.
4. There are proven
medical benefits to male circumcision, but absolutely no benefits
have been reported for FGC–on the contrary, only harm. For example,
published medical research suggests that male circumcision is
protective against STDs, including HIV/AIDS.
In stark contrast, FGC
is directly correlated with the spread of STDs, including HIV/AIDS;
it has been proven to play significant role in actually facilitating
the transmission of HIV infection through numerous mechanisms.
In fact, according to
Dr. Su'ad Saleh of Al-Azhar University, FGC resembles not male
circumcision but “the custom of burying girls alive, before the
advent of Islam.”
V. FGC Contradicts the
Principles of Islamic Jurisprudence (maqasid al-shari'a)
According to scholarly
consensus, the six objectives and principles of Muslim religious law
(Shari'a) include the protection and promotion of religion
(al-din), life (al-nafs), mind (al-‘aql), family (al-nasl),
wealth(al-mal), and dignity (al-‘ird). FGC violates at least five
of these principles:
The Protection of Life:
FGC harms infants,
girls, and women, endangering their lives and the lives of their
future children.
The Protection of Mind:
FGC harms girl's minds
by undermining their mental and psycho sexual health, causing
psychosis and trauma.
The Protection of
Family:
FGC prevents the proper
fulfillment of conjugal relations and precludes a mutually
pleasurable sexual relationship between a husband and wife. Medical evidence clearly
indicates that healthy sexual relationships promote health, stress,
relief, stronger immune systems, better sleep, and even longer life. In contrast, FGC
precludes these health benefits and has been linked to infertility
and divorce.
The Protection of
Dignity:
FGC harms women's
dignity, condemning them to a life of serial infections and intimate
scars. Disfiguring genitalia,
on the unproven assumption that it prevents promiscuity, denies
humans their divine right to free will and dignity.
The Protection of
Religion:
In many cases, suturing and scars make it impossible for the cut female to attain ritual cleanliness (tahara), denying her the right to worship. The unnecessary health problems caused by FGC prevent a woman from enjoying the two blessings the Prophet has praised: “health and free time for doing good.”
In many cases, suturing and scars make it impossible for the cut female to attain ritual cleanliness (tahara), denying her the right to worship. The unnecessary health problems caused by FGC prevent a woman from enjoying the two blessings the Prophet has praised: “health and free time for doing good.”
CONCLUSION and
RECOMMENDATIONS
The Shura Council
absolutely and unconditionally condemns FGC as a harmful practice
that contradicts both the spirit and the letter of Islam, violates
international laws on children's rights and women's rights, and
endangers populations in need. The Shura Council underlines that even
minor forms of FGC are not mentioned in the Qur‟an, and, unlike
male circumcision, even limited female hoodectomy has not been
declared as sunnah by the Prophetic tradition. The Council also
stands against the “medicalization” of the practice, that is, its
execution by health care professionals in
clinical settings.
Immediate risks
associated with FGC are reduced but not eliminated when the practice
is performed in modern medical facilities. Moreover, there is no
evidence that FGC creates fewer long-term complications when performed by health-care
professionals.
Therefore, the Council
condemns this unnecessary and harmful practice in all its forms, in
every context, worldwide. Extensive religious,
scholarly, and judicial consensus exists on all forms of FGC, deeming
it both un-Islamic and in violation of children's and women's
human rights as currently defined by the international community.
Yet, activists have discovered that those living in areas where FGC
is widespread still believe that FGC is mandated by religion;
moreover, they are unaware that FGC is not practiced in most of the
world.
The Shura Council
believes that the dissemination of religious information of FGC will
help eliminate FGC, especially when combined with context -specific,
culturally sensitive, grassroots measures. The Council suggests that
activists seek the collaboration of local, national, and
international religious authorities in the struggle to eliminate FGC.
CAMPAIGNS and ACTIVISM
As a part of its ongoing
Jihad Against Violence campaign, Women's Islamic Initiative in
Spirituality and Equality (WISE) is collaborating with the Egyptian
Association for Society Development (EASD), an NGO in Giza. WISE and
EASD are working to eradicate FGC by providing religious education
against the practice, as well as financial incentives and replacement
economic activities for those currently performing FGC within the
community.
For more information a
bout current campaigns, to connect with organizations and activists
working to eradicate FGC, and to find tools for activism, please
visit http://www.wisemuslimwomen.org/currentissues/femalegenitalcutting.
(www.xeniagreekmuslimah.wordpress.com)
THE END
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