A Difference of Opinion
Although circumcision of males
is an act regarded as commendable in Islam, the scholars have differed in regards
to females. Some scholars have regarded the act as commendable, while others
regard it as merely permissible. Lately, some have even stated its
impermissibility. All these opinions are based upon a number of Prophetic
narrations (hadeeths) relating to this subject.
The scholars of Islam who state
that circumcision is a commendable act mainly do so due to a hadeeth in which
the Prophet, may the mercy and blessings of God be upon him, said:
“Circumcision is Sunnah for men and an honorable
thing for women.” (Musnad Ahmad)
From this narration, the scholars
of Islam understand the encouragement of the Prophet to circumcise both men and
women to be a commendable act in the religion, based about known principles of
Islamic Jurisprudence.
Those who regard it as merely
being something permissible base their opinion on an additional narration, known
as the narration of Umm Atiyyah, in which the Prophet came to know of a circumcision
being performed upon a female child. He related instruction to the woman
performing it saying:
“Trim, but do not cut into it, for this is brighter
for the face (of the girl) and more favorable with the husband.” (Mu`jam
al-Tabarânî al-Awsat)
From this hadeeth, the scholars
deduce the permissibility of the circumcision of females, as the Prophet did
not clearly forbid it. They also deduce, however, the impermissibility of
going to extremes in doing so, based upon his prohibition of “cutting into it”.
When one looks into the
statements of the scholars of hadeeth, however, they will find that quite a
number of the most prominent of them, such as Ibn Hajar, al-Bukhari, Abu Dawud,
al-Bayhaqi, ibn-ul-Mundthir, ash-Shawkani, state that they are weak and cannot
be relied upon. Ibn ul-Mundthir said:
“There is no report about
circumcision that can be relied upon, and no chain of transmission that can be
followed.”
It is known amongst the scholars
of Islam that if a hadeeth is found to be weak and unreliable, it
is impermissible that it be used as evidence to establish a ruling in Islam, as
all legal rulings in the religion must be verified with authentic, unambiguous
proofs
“Sunnah” Circumcision
What one can see is that Type I
FGC, sometimes called “Sunnah” circumcision, does have some basis in the
religion of Islam, however weak this basis may be. It is key to note, however,
that it is only this first type which some of the scholars regarded as
permissible or commendable, which is the clipping of the prepuce until the
glans becomes visible, or less. This procedure is harmless and has no
detrimental effects upon women, and is similar to the circumcision of men, as
mentioned previously. Rather, some have even argued that there are some
benefits to this procedure, as mentioned earlier, such as increase of sexual
pleasure, prevention of unpleasant odors which result from foul secretions
beneath the prepuce, and reduction of the incidence of urinary tract infections
and infections affecting the reproductive system.
As for the other types of FGC,
there is no basis for this practice in Islam, rather it is strictly prohibited,
as in the hadeeth which implies its permissibility is a prohibition from going
to extremes. Also, Islamic law protects women’s right to sexual enjoyment,
demonstrated by the fact that a woman has the right to divorce on the grounds
that her husband does not provide sexual satisfaction. As for those Muslims in
certain parts of the world which do practice this form of female genital
mutilation, as they grow in their understanding of Islam, they will start to
put aside these abominable actions. A clear example of this is that that one
of the various groups in Kenya who do not practice FGM are the Muslims, although
it is a country whose people are known to practice it,.
We must emphasize, however, that
the correct stance is that there is no reliable text which directly encourages any
form of circumcision, and thus the matter is left to other general texts which
prohibit infliction of harm and those which encourage all things healthy and
beneficial. One fundamental of Islamic jurisprudence is that what is not specifically
prohibited is allowed, but still subject to other indirect texts. This makes
for a great deal of tolerance in religion, but also allows it to cope with new issues
brought by time. If it is found that circumcision is medically beneficial to
females or to society, then it would be at the most something encouraged by
Islam, as all things beneficial to life are regarded as commendable in religion.
But if it is found, on the other hand, that circumcision is harmful, then it
would definitely be regarded as something forbidden in Islam, as Dr. Abd
al-Rahmân b. Hasan al-Nafisah, editor of the Contemporary Jurisprudence
Research Journal based in Riyadh, Saudi Arabia stated in his article entitles
Female Circumcision & Islam: “In Islamic Law, preservation of the
person – the life and bodily soundness of the person – is a legal necessity. Anything
that compromises this legal necessity by bringing harm to the person is
unlawful.”
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