The distinguishing characteristic of mankind, according to the Quran, is the dignity bestowed upon it by God: “We have dignified the children of Adam … and favored them over much of creation.” Human dignity is, therefore, a fundamental tenet of the Islamic worldview. It should be no surprise then, that Islam’s emergence and presence in the world has been one which has placed a very high regard on the protection of human rights. This concern is heightened considerably when one turns to the most vulnerable members of society. Indeed, one of the first missions of the Prophet Muhammad was to express his outrage and denunciation at the pre-Islamic Arab customs surrounding newborn girls, customs which saw them as less than human and a source of embarrassment to the family.
These are long-standing and unshakeable principles which are representative of the enduring spirit of Islam. It is crucial, therefore, that at this stage in our historical development, they be understood within the context of modern social conditions and the state of scientific knowledge today.
When we take a look at the way in which this matter has been addressed legislatively in Egypt, we find that the first legal provision issued concerning female circumcision was the ministerial decree #74 in 1959. The first article of this decree includes a list of the fifteen committee members made up of Muslim religious scholars and medical practitioners including the undersecretary of the Ministry of Health Mustafa Abd al-Khaliq, the Grand Mufti of Egypt at the time Hassan Ma’mun, and the previous Grand Mufti Hasanayn Muhammad Makhluf. The second article of the decree states that the committee decided on the following:
• It is forbidden for anyone but a trained doctor to perform circumcisions; and those who want [circumcisions to be performed] must have partial, not full circumcisions.
• For health, social, and psychological reasons circumcisions are not to be carried out in medical units outside of the Ministry of Health.
• Certified midwives are not licensed to carry out any kind of surgical operation including female circumcision.
• Circumcision, in the manner in which it is currently being carried out, causes both physical and psychological harm to women whether it is performed before or after marriage.
When the cases of female circumcision increased, thereby causing great harm to women’s health, the Minister of Health issued a decree dated 8/7/1996 decree # 261 for the year of 1996 stating:
Female circumcision is prohibited, regardless of whether it is performed in a hospital or a public or private health clinic. The performance of female circumcision is not permitted except in cases of medical necessity, this will be determined by the head of the Women’s Disease and Birth department of the hospital and based on the recommendation of the patient’s doctor.
Some shortsighted Muslims considered this decree to be at odds with Islamic law, and as such, unconstitutional. They took a case to the court, which mentioned the following in its judgment:
The court has concluded that it is understood from an examination of the juridical opinions presented that Islamic law does not contain a conclusive ruling or unequivocal textual evidence that makes female circumcision mandatory or forbidden.
It follows that all of the rulings that have been related in this matter are presumptive: the medical field has not agreed on one unified position, with some medical practitioners considering female circumcision as having a medical benefit, and others considering it as having grossly negative medical and psychological effects and the political leadership is permitted to arrange affairs concerning which there is not an unequivocal legal text in the Quran or the Sunna and concerning which there has not been a scholarly consensus. This goes for legal questions concerning which there is a difference of opinion such that Islamic jurisprudence has not settled on one opinion, and generally all those issues concerning which one may use ijtihad (independent juristic reasoning). The approach that the political leadership should take in these matters is not absolute; rather they must seek to achieve the greater good for the people, or the alleviation of harm through their managing of these affairs in a way that does not defy an unequivocal legal text or go against a ruling established with certainty.
In 1997 the court decided that the minister’s decree could not be considered unconstitutional saying:
Since circumcision is a surgical procedure concerning which Islamic law does not contain a rule making it obligatory, the basis is that it should not be carried out except with the aim of medical treatment. Any surgery, regardless of its nature and extent, which is carried out without having the cause of its permissibility with all of its conditions in their entirety is considered a forbidden (haram) action Islamically, and legally, holding fast to the general basis upon which the human right of bodily integrity is ensured and the criminalization of any action which is not legally sanctioned and leads to the encroachment of that integrity.
This is in relation to Egypt. As for other Muslim countries like Saudi Arabia, they do not practice female circumcision. We hope that this concise response to this question has removed any confusion and corrected opinions concerning this matter which are used for propaganda as opposed to justice. In any case, the Prophet did not circumcise his blessed daughters (peace be upon them).
With this in mind, Dār al- Iftāʾ convened an international conference in November 2006 on the topic of female genital mutilation (FGM). Participants included scientists, scholars of Islamic law, specialist researchers on the topic, and activists from civil rights organizations in Egypt and around the world. Upon hearing an array of presentations from across the spectrum, the conference concluded that the mutilation practiced in some parts of Egypt, Africa and elsewhere today represents a deplorable custom which finds no justification in the authoritative sources of Islam, the Quran and the practice of the Prophet Muhammad.
One of the highest values of Islamic law is the Prophetic command to neither inflict nor accept harm. This imperative will be familiar to non-Muslims as the golden rule. A universal commandment that applies to all, irrespective of social class or gender, special care must be taken to ensure that no type of harm befalls those who can neither cause nor repel harm on their own, the weak and helpless in our societies. In light of this reality, and because of the significant physical and psychological harm to young girls (and later women) caused by FGM, all measures must be taken to put a halt to this unacceptable tradition.
Thus, one of the recommendations of the conference was that taking active action on this front is crucial if we are to remain true to our Islamic values and principles. Islam is a religion of knowledge, learning and research. While it was previously practiced as a social custom (and not a religious matter), the state of today’s knowledge makes clear the serious negative effects on women of such practices as FGM. As such, it becomes a religious obligation to say unequivocally that the practice of FGM is today forbidden in Islam.
The findings of the conference represented a call to the peoples of the Muslim world – in Egypt and beyond – to hold fast to their Islamic identity by ending this deplorable custom in their communities. Injuring oneself or another in any form is expressly and categorically forbidden. In connection with this, it is enough for us to quote the example of our Beloved Prophet – the Mercy to all Mankind – who never subjected any of his daughters to this practice.
The conference opined that true eradication of FGM depends heavily on the cooperation of international and religious institutions to concentrate their efforts on educating and instructing their populations on this matter in accordance with the Islamic prohibition against harm. In addition to the Islamic legal position outlined above, special attention must be given to raising basic awareness of female hygiene and medicine. Educational establishments and media, for their part, have a duty to educate people about the devastating consequences of this practice on those who are subject to it, as well as on society at large.
In addition, legislative bodies in the countries of the Muslim world ought to take decisive action by passing laws which ban the practice of this gruesome custom, declaring it a crime once and for all. Both the actual perpetrators as well as the initiators of instances of FGM must be subject to the full punitive extent of the law in view of the seriousness of the crime against society’s most vulnerable members. International institutions and organizations are encouraged to provide help in all regions to facilitate its elimination.
Islam is, without doubt, a religion that adapts and develops to the changing conditions of the world, and the state of scientific knowledge. The enduring commitment to human rights and dignity demand action on our part towards the eradication of FGM.
Source: Egypt’s Dar al-Ifta
https://www.dar-alifta.org/foreign/ViewArticle.aspx?ID=40&text=FGM
