THE AMBASSADORS
Special Peace Issue
SELECTED STUDY

Volume 2, Issue 2
April 1999

Over the past decade, the topic at the forefront of most feminist discourse on the Middle East has been the issue of female circumcision. Referred to by its critics as female genital mutilation (FGM), the ritual operation is still practiced in several Arab and African nations. However, much of the writings and reports on the ritual have falsely attributed the operation's emergence and perpetuation to Islamic tradition. The following selected study is an in-depth investigation of three frequently asked questions on female circumcision from the Islamic standpoint.

- The Ambassadors

 

IS FEMALE CIRCUMCISION REQUIRED?

By Dr.Gamal Badawi, PhD.
St.Mary's Univ., Halifax, CANADA

One of the common misconceptions is to connect female circumcision with the teachings of Islam. This study addresses the following three questions:

1. Was female circumcision introduced by Islam?
2. Is there any authentic texts in the primary sources of Islam which requires female circumcision for religious reasons?
3. Should female circumcision be banned or restricted?

Was female circumcision introduced by Islam?

While the exact origin of female circumcision is not known, "it preceded Christianity and Islam¹". The most radical form of female circumcision (infibulation) is known as the Pharaonic Procedure. Thie may signify that it may have been practiced long before the rise of Islam, Christianity and possibly Judaism. It is not clear, however, whether this practice originated in Egypt or in some other African countries then spread to Egypt².

It is common knowledge that in some countries like Egypt, female circumcision has been practiced by both Muslims and Christians³. In the meantime, this practice is not known in most Muslim countries including Iran, Iraq and Saudi Arabia⁴. This leads to the conclusion that female circumcision is connected with cultural practices rather than with Islam itself as a world religion. Some cultural practices, whether by Muslims alone or Muslims and others (such as the case with female circumcision), are not part of Islam and in some instances may violate its teachings as embodied in its primary sources, the Qur'an and Hadeeth.

Is there any authentic texts in the primary sources of Islam which requires female circumcision for religious reasons?

No mention of female circumcision is to be found in the Qur'an either directly or indirectly. There is no known Hadeeth which requires female circumcision. Some argued, however, that one Hadeeth, while not requiring female circumcision, appears to accept it: "Circumcision is a commendable act for men [Sunnah] and an honorable thing for women [Makromah]⁵"

There are two observations on this Hadeeth,

a) A distinction is made between male circumcision which is described as stronger religious term (Sunnah)⁶ or commendable while another weaker description is given to female circumcision (Makromah) which implies no religious obligation.
b) This Hadeeth is of weak authenticity (dha'eef) according to Hadeeth scholars⁷.

There is however a more authentic Hadeeth in which Prophet Muhammad (P) is reported to have passed by a women performing circumcision on a young girl. He instructed the women by saying:

"Cut off only the foreskin (outerfold of skin over the clitoris; the prepuce) but don't cut off deeply (ie. the clitoris itself), for this is brighter for the face (of the girl) and more favorable with the husband."⁸

^{While the Prophet (P) did not explicitly ban this practice, his words project a great deal of sensitivity to the instrictive needs of females and their matrimonial happiness and legitimate enjoyment. Reference to the brightness of the face and to better relationship with the husband are clear indications of his sensitivity and compassion. They also stand in contrast to the arguements that female circumcision "controls" the woman's sexual appetite and hence attributes to sexual morality and the virtue in society. It is true that Islam requires adherants of both genders to be chaste. Yet, there is no texts in the Qur'an or Sunnah which requires selective curtailment or control of the sexual desire of one specific gender. Furthermore, chastity and virtue are not contingent on "cutting off" part of any sensitive and crucial human organ. Rather, they are contingent on spiritual and moral values of the person and the supporting virtuous environments.}

Should female circumcision be banned or restricted?

Shari'ah (Islamic law) divides actions into five categories: mandatory, commendable, permissible, detestable and strictly forbidden. Female circumcision falls within the category of the permissible. it was probably on this basis that some scholars opposed the sweeping ban of this practice. Before discussing this view, it is important to distinguish between the three different types of procedures that were and still are called circumcision:

Type 1: Removal of the hood or "prepuce" of the clitoris. This procedure is, to some degree, analogous to male circumcision since in both cases, no part of the sexual organ is cut off. In both cases also, it is only the foreskin, or outer fold of the skin, which is cut off. Properly done, it is not likely to cause any "matrimonial" problem. While some may call it "Sunnah circumcision", this is their own appellation and not that of the Prophet (P) who used the term Sunnah only in the context of male circumcision.

Type 2: Removal of the entire clitoris (clitorectomy) along with part of the libia minora, which is sutured together leaving an opening. This is a form of mutilation.

Type 3: Removal of the entire clitoris, libia minora and medial part of the libia majora, with both sides of the female organ stitched together leaving a small opening. This procedure requires tying together the child's legs for nearly 3 weeks⁹. It is called the Pharaonic Procedure but may as well be called "mutilation".

It is obvious that the second and third procedures were never mandated, encouraged or even consented to by the Prophet (P). They even violate a known rule in Shari'ah prohibiting the cutting of any part of the human body except for unaviodable reasons (eg. medical treatment, trimming nails or hair, or for an explicitly specified reason such as male circumcision). Such necessity or need does not exist in female circumcision. Nothing justifies genital mutilation. In fact, no mutilation is allowed by Islam even in the battlefield. Not only are these two procedures unjustifiable, they are brutal, inhumane, and in violation of Islam.

The remaining question then relates to the first procedure. Some (eg. the late Rector of Al-Azhar University, Shiekh Gad Al-Haque) argued that since the Prophet (P) did not ban female circumcision, it falls within the category of permissible. As such there is no ground for a total ban on it. However, it is not contrary to the spirit of Shari'ah to restrict something that is permissible if discovered to be harmful. For example, all fish are permissible to eat. Should a particular type of fish be proven to be poisonous or harmful, it could be banned based on a known Shari'ah (Al-dharar Yazaal), or harm must be removed. The real issue then boils down to wether the first procedure is harmful or not. Granting that such a procedure may not be seriously damaging like the other two, it may be argued that it is painful, traumatic and often performed in an unhygenic setting leading to infection and other problems¹⁰. Even if done by a physician, it is so delicate that not all physicians master it¹¹.

It should be noted that some people oppose female circumcision as part of their opposition to any "tradition" as old and invalid. This is as appropriate as practicing female circumcision because it is a "tradition", regardless of its consistancy with Islam or not. The practice should be evaluated objectively, on the basis of whether is is required religiously or not, and wether there are medical and other relevant issues to be considered in evaluating this practice.

While the three forms of female circumcision are already legally banned in some countries¹² and maybe banned in others in the future, it is not suggested here that this is the only option. In societies and cultures where the practice is well entrenched and socio-cultural pressures for it are great¹³, abrupt leagl banning may not end the practice. It may cause it to be practiced "underground" and under more problematic circumstances. However, the problem is serious enough that some action is needed. A starting point, perhaps, is to begin by educating thr masses in countries where female circumcision is commonly practiced. All possible media should be used in the process. In any case, the conclusion which appears to be certain, it that there is no single text of the Qur'an and Hadeeth that requires¹⁴ female circumcision.

Dr. Badawi teaches in the Department of Management in the Faculty of Commerce at St.Mary's University, Canada. He is also the Imam for the local Muslim community. For the last few years he has offered the course on the Islamic Religious Tradition for the Department of Religious Studies.

References:

1. Stewart, Rosemary (1997). "Female Circumcision: Implications for North American Nurses" Journal of Psychosocial Nursing 35 (4): 35.

2. Jam'iyyat Tanzeem Al-Usrah (1983). Haqa'iqilmiyya Hawla Khitan Al-Inaath (in Arabic). Cairo. p. 7.

3. Ibid, p. 8

4. Ibid, p. 8

5. Al-Shawkani (1973). Nayl Al-Awtar. Dar Al-Jeel, Beirut, vol. 1. p 139.

6. A broader definition of Sunnah is "the words, actions and approval (or consent) of Prophet Muhammad" in the context of religious obligations, however, Sunnah refers to acts that are commendable but not obligatory. It is in that context that the Prophet used the term Sunnah to refer to male circumcision but not female circumcision.

7. Al-Shawkani, op. cit, p. 35.

8. Al-Tabarani, quoted in Al-Albani, Muhammad N (1983). Silsilat Al-Ahadeeth Al-Sahihah. Al-Maktab Al-Islami, Beirut, Lebanon, vol.2, Hadeeth #722, p.353-358. See also N. Keller (1991). The Reliance of the Traveler by Ahmad Al-Masri, Modern Printing Press, Dubai, e4.3, p. 59.

9. Stewart, op. cit, p. 35.

10. Including bleeding, scars, painful intercourse, difficulty to achieve sexual fulfillment which may lead to pain, reducing chances of pregnancy, causing infertility in some instances, chronic pelvic & urinary tract infections, psychological problems and unhappy husbands. See Stewart, op. cit, pp. 36-37.

11. The author was informed by some physicians that since the clitoris itself is quite tiny, even tinner in younger girls, it is very difficult for a non-specialist physician to do the first procedure properly. The much easier procedure of male circumcision is usually referred to a physician with an experience in that particular procedure.

12. Presently female circumcision is illegal in Britain and other European countries through the passage of the Prohibition of Female Circumcision Act of 1985. Due to the publicity given to this topic recently, other countries are expected to follow suit especially those with a large number of immigrants from coutries which practice this procedure. Stewart, op. cit, p. 36.

13. Some of such pressure is the non-Islamically based cultural norms that only a circumcised woman is fit for marriage, other superstitious ideas that a child born to an uncircumcised woman is likely to die. Stewart, op. cit, p. 36.

14. Reference is sometimes made to a saying of the Prophet Muhammad (P) narrated in Ahmed, also in Malik with similar wordings to the effect that if the two areas of circumcision (for a male and female) touch one another, then Ghusl (bathing) is required. This expression simply signifies that after the intimate matrimonial realtionship, both husband and wife must take a complete bath before their daily prayers. The relevant part of Hadeeth, however, is its reference to the two circumcised parts. Imam Ahmad uses this Hadeeth as an evidence that women (in Medina) used to be circumcised. This is no evidence, however, that it was religiously required. It could have been a cultural practice which was not prohibited.
Even the few Ahadeeth which Al-Albani considered to be authentic don't require female circumcision, in fact, some of them speak against radical forms of circumcision.

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