Professional Documents
Culture Documents
Cultures
J. Luis Dizon
# 998869513
NMC 484 H1
4 December
2013
Female circumcision is a global problem affecting many cultures around the
globe. The World Health Organization has estimated the number of girls
worldwide who have undergone this procedure to be around 130 million. The
term female circumcision and other terms related to it describe a wide
variety
of
practices,
all
of
which
are
condemned
by
international
schools
of
Islamic
jurisprudence)
actually
permits
(or
even
mandates) this practice, whether there are any ideological currents within
Islam that are fuelling the practice regardless of whether or not it is
specifically permitted or mandated, or whether it is mere coincidence that
Islam happens to be the dominant religion in the cultures where this practice
has arisen.
The purpose of this research essay is to look at the historical and legal
situation in the different countries where female circumcision is practiced.
Also, various traditional Islamic texts (the Quran, Ahadith and Islamic legal
texts) will be examined to see whether there is any connection between
those texts and female circumcision. This essay seeks to answer the
following questions:
1) What passages in the traditional Islamic texts might be used to
justify the practice of female circumcision? Are these passages
authentic or spurious?
2) What ideological currents within Islam could plausibly give
credence (directly or indirectly) to the practice of female
circumcision?
3) What are the various modes of legal reasoning that are used by
Islamic legal scholars to arrive at their respective conclusions for
or against female circumcision?
The basic thesis of this essay, as will be demonstrated below, is that
historically, the various schools of Islamic jurisprudence have permitted at
least some form of female circumcision to take place. These different schools
may have different levels of acceptance regarding the practice (ranging from
making it mandatory to merely permitting it), and there may even be some
dispute as to what form this female circumcision actually comes in. However,
2
that this practice is permitted has not been disputed until very recent times
among some modern Islamic legal scholars.
Usage of Terminology
First, some issues relating to terminology need to be addressed. The
practice under question is known by many names. The primary designation
that is given to it is female circumcision. While the term in and of itself has
no connotations, proponents of the practice have used female circumcision
in order to highlight, and at times exaggerate, the similarities between it and
male circumcision. As a result, alternate terminology has been developed to
describe the procedure. One of the more common terms, coined by Fran
Hosken of the Womens International Network, is the term female genital
mutilation (Boyle 25). This term has been adopted by agencies such as the
WHO, UNICEF and the UNFPA (as shown in the quoted statement above).
Although this term has gained a lot of traction, it has been criticized as being
too ethnocentric and politically charged, hence the avoidance of this term in
more scholarly circles. There are other lesser known alternatives, such as the
term female genital cutting. This used by Elizabeth Heger Boyle in her
3
book of the same name. She states that she derived this term from the U.S.
Agency for International Development, and has the advantage of being an
accurate, nonpoliticized description of the practice (Boyle 25). Nevertheless,
because it is the most well known term used to describe the practice (outside
of academic circles), and is the term used in the majority of the literature
that was consulted during the course of writing this essay, the term female
circumcision will be used for the rest of this essay.
In the non-English speaking world, different terms have come to be
used to designate the practice in each of the cultures where it is performed,
which can sometimes reveal much about the way it is viewed in those
cultures. In various local African dialects, female circumcision is referred to
as bolokoli, irua, bondo, kuruna, negekorsigin, or kene-kene.
(Abusharaf 1) Of particular interest, however, are the Arabic term that is
used for the practice. In Arabic, the term used is tahara, which has the
connotation of purification. This connotation highlights the religious
undertones of the practice, which have to do with chastity and purity. (Boyle
30) There are also the terms khitan and khifad, which appear in Islamic
literature, in connection with both male and female circumcision (AbdurRazzaq 8-9). This is the term which appears in most of the Arabic Islamic
sources which are cited herein.
and
destructive
of
the
three
types
of
female
5
Leone, Ethiopia, Eritrea, Somalia and Djibouti, where the percentage goes
anywhere between 71 and 98 percent. The fact that some of these countries
have banned the practice has not prevented it from going underground
(Mokaya 17; Wangila 8).
The interesting thing to note is that nearly all of the countries in Asia
that practice female circumcision are those that are majority Muslim in
population. In Southeast Asia, female circumcision was unheard of before the
coming of Islam, and to this day, it is almost exclusively practiced by Muslims
there (Ali 100). In Africa, there is some female circumcision being practiced
among tribes of different religions. However, it is notable that most of them
are those in close contact with Muslims, such as Coptic Christians in Egypt,
or Ethiopians living in the southern regions of Ethiopia (Abusharaf 54). In
fact, maps showing the prevalence of female circumcision by country in
Africa indicate that the practice is most prevalent in the sub-Saharan
countries where Islam is the dominant religion (Mokaya 18). While these
facts do not in and of themselves prove that pressure from the Islamic
cultures caused the non-Islamic ones to practice female circumcision, it does
open up the possibility of it being one several cultural factors leading to the
adoption of female circumcision (if the use of Arabic terms and the use of the
phrase sunnah circumcision are any indication). Also, these facts have led
to questions on what the relationship is between the Islamic religion and the
practice of female circumcision amongst those African tribes that adhere to it
or are in close contact with it, which is what will be discussed next.
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practitioner:
Look at what the Messenger said when the women emigrated
and among them was a woman called Umm Habiba. She used to
circumcise girls. When the Messenger of Allah, peace be upon
him, saw her, he asked her, Umm Habiba, are you still practising
today what you used to practise before? She said, Yes,
Messenger of Allah, unless it is forbidden and you forbid me to do
it. He said, It is allowed. Come closer so that I can teach you.
She went closer to him and he said, Umm Habiba, if you do it,
do not overdo it because it brings more radiance to the face and
traditional Islamic sources or not. Islamic Feminist K. Ali argues on this basis,
pointing to the use of Islamic sources to rebut claims by those who assert
that female circumcision is a practice of culture, not religion (Ali 102).
If one is to use this final criterion for determining whether or not a
practice is Islamic, then entire sets of questions arise regarding the
interpretation of Islamic religious sources, determining the authenticity of
specific narratives within said sources, and how different schools of legal
thought in Islam construct legal rulings based on those that have been
verified as authentic. One should also consider the question of whether the
practice is considered mandatory by a certain legal school, or if it is merely
permitted or encouraged without being made a requirement. It is necessary
to answer these questions in order to determine whether the use of Islamic
texts by practitioners of female circumcision to justify their practice is
justified or not.
10
There are four sources (grouped into three levels) from which Islamic
law is derived. The first source is Islams main holy text, the Quran. Some
people mistakenly think that if a certain teaching or practice is not explicitly
mentioned in the Quran, then that definitively proves that that teaching or
practice is not really Islamic. However, this is not the case, as Islam derives
its theology and its legal rulings from multiple sources, of which the Quran is
just one (albeit the primary source). After the Quran comes the Sunnah
(traditions concerning the prophet Muhammads behaviour and teachings),
which are recorded in the various hadith narrations (pl. ahadith) (Vikr 31).
Because of the voluminous nature of the hadith collections, there are
many narrations that are spurious in nature that are found alongside other
narrations that are usually regarded as authentic. Because of this, Islamic
scholars have developed a science of hadith authentication, whereby
narrations are judged as to their reliability. The most reliable ahadith (those
with complete chains of narration and are passed on through multiple lines of
transmission) are regarded as sahih (sound), and are the ahadith used in
making legal formulations. Those of questionable reliability are regarded as
daif (weak). There are other gradations of soundness aside from these two,
but in general, most narrations are placed in one of these two categories. In
some cases, scholars may disagree on how to grade certain ahadith, with
some regarding them as sahih, and others regarding them as daif. In such
cases, the majority opinion generally prevails (Vikr 40-43).
11
Together, the Quran and the Sunnah form the first level in establishing
Islamic Law. Below this first level is the third source, which is qiyas
(analogical deduction), which forms the second level for establishing Islamic
Law. Qiyas is the process by which specific commands and incidents are
taken from the first level sources, and legal rulings are extrapolated from
those commands and incidents based on the legal/ethical principles guiding
them. Thus, Qiyas is used to develop legal rulings for situations that are not
directly addressed in the Quran or the Sunnah (Vikr 31-32).
The fourth source in the development of Islamic Law is Ijma
(consensus), which forms the third and final level in establishing Islamic Law.
Once a legal ruling has been developed by way of qiyas, it is only a potential
legal rule, not an actual one. That ruling must achieve a consensus within
one or more of the various madhhabs (schools of Islamic jurisprudence). In
Sunni Islam, there are four of these schools: Hanafi, Shafii, Maliki and
Hanbali. There is also the Jafari school in Shia Islam. Because these different
schools of thought have different methods of legal reasoning (for example,
the Hanbalis reject the use of qiyas and rely on a Literalist reading of the first
level sources), certain legal rulings may attain Ijma in some madhhabs but
not in others (Vikr 32).
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practice rather than merely moderated it, as was the case with many other
practices, such as drinking alcohol or practicing female infanticide (AbdurRazzaq 32).
Other than this one hadith, there are other passing references to
female circumcision in various narrations. The earliest such reference comes
from the mid eighth century in Malik Ibn Anass hadith collection, Al Muwatta.
In it, there are references to a saying by the Prophet Muhammad stating:
When the circumcised part touches the circumcised part, ghusl [ritual
bathing] is obligatory (Al Muwatta, 2:19:73, 77). By speaking of both male
and
female
genitals
as
being
circumcised,
there
is
the
implicit
16
Conclusion
Female circumcision is not as simple a topic to address as one may
initially think it to be. First of all, there different types of female circumcision
which vary in severity. While the most severe form (infibulation) is widely
considered to be morally repugnant, less severe forms of female circumcision
such as clitoridotomy and clitoridectomy occupy a grayer area, since their
negative effects are not as clearly defined, and those who oppose such
practice are sometimes accused of engaging in a form of cultural
imperialism, particularly if they are coming from a western perspective. It is
clear that Islamic law permits these less severe forms of female circumcision,
a practice which was carried over into Islam from pre-Islamic Arabian
practice. What is not as clear is whether or not they were intended to remain
mandatorythe position which the Shafii school of jurisprudence maintains,
in opposition to the other schools. Because of the strong religious impetus for
maintaining
the
practiceand
the
majority
of
female
circumcision
17
18
Bibliography
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of
Southern
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for the Worshipper: A Classic Manual of Islamic Sacred Law, Trans. Nuh
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Ibn Anas, Malik. Al Muwatta (Trans. `A'isha `Abdarahman at-Tarjumana and
Ya`qub
Johnson).
University
of
Southern
California.
<http://www.usc.edu/org/cmje/religious-texts/hadith/muwatta>.
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Southern
California.
<http://www.usc.edu/org/cmje/religioustexts/hadith/muslim>. Accessed 3 December 2013.
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Boyle, Elizabeth Heger. Female Genital Cutting: Cultural Conflict in the Global
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(3,901 words)
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