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  • Re: Muslim scholars speak out against female genital mutilation in rare conference

    Originally posted by anna2000uk View Post
    Bro Irhab...
    Many ppl are doing proper mutilating things in the name of female circumcision. Because of that, and because it is not something compulsory for women, then it is better if we support it when ppl speak out against it rather than talking that much in favour of circumcision. The majority of people doing this are not actually doing the actual female circumcision of removing that piece of skin or whatever bt they are like sewing up certain parts, and cutting off complete parts n all sorts of crazy n sickening things, astaghfirullah. Bc of the harmful effects of that, we shud speak in favour of efforts 2 stop these and educate the ppl against it insha allah rather than saying each time "female circumcision is from Islam" because when they mention it, they do not hav in mind the same thing which u have in mind... and it will jst reinstate their views that their mutilation practises hav some basis in Islam, which they do not.
    Mashallah:)
    -pray:Allahu Akbar

    Comment


    • Re: Muslim scholars speak out against female genital mutilation in rare conference

      As Salam Alikum

      oh wow I didn't no Shaykh Ali Gomaa (May Allah Preserve Him) had a fatwa ruling on this also. Alhamdiallah the man is an amazing Scholar and even though he is the Grand Mufti he doesn't run to their tune. I've had the honour of meeting him and his students, mashallah what a brillant mind he has. One of the top Shafi scholars alive in the world today.
      The spiritual warrior is he who breaks an idol;
      and the idol of each person is his Ego.

      - Imam Abul Qasim al-Qushayri

      Comment


      • Re: Muslim scholars speak out against female genital mutilation in rare conference

        Originally posted by abdulhakeem View Post
        bro al-irhaab, with all respect - as you can see from this thread there is actually a need for it. many brothers and sisters are not aware of it while others are confused.

        as i have seen from your posts in another thread i started it seems that you are acting highly emotional regarding this topic. i may therefore apply to you to cool down and use islaamic adhaab. dont get me wrong - i highly appreciate your enthusiasm in the cause of islaam and Allah but please dont get carried away by emotions which might make you do or say a thing which you did not intend to make.

        back to the topic: some people are confused with the terms used in this matter and mix them up. we may all agree that fgm is not an islamic practise - at the same time the medical term "sunnah circumcision" is not a term that actually describes the sunnah in islaam. further there are medical indications that at times make a female circumcision necessary - such in cases of a female phimosis which is often overlooked by doctors and bares many women from experiencing an orgasm.

        this was the medical part - now lets have a look at the sunnah:

        1. the authenticity as well as the correct translation of the hadith in question is highly disputed among the scholars.

        2. yet scholars (including the ones mentioned in the starting article) state that the prophet salla Allahu alayhi wa salaam did not circumcise his daughters but fail to bring any evidence for or against this claim.

        3. at the same time others claim that hajar, the wife of ibraheem was circumcised without bringing any evidence.

        at least i have not seen any in both cases mentioned under point # 2 and # 3

        imho, may Allah forgive me if i am wrong, circumcision is not prescribed upon women in islaam while the so called "sunnah circumcision" as well as fgm are clearly haraam. however, there may be medical indications that make a surgery necessary.

        i have all explained it in this post (you may have overlooked it in your enthusiasm and i urge any reader of this thread to read it). comments and any evidence (from islaam or medical science) regarding this post are most appreciated:

        it is post # 6 in a thread titled:

        Female circumcision could cause infertility-study
        bro the correct adhab for u would be to stop posting things from people who try to degrade islam and stop posting 'islamic' opinions from munafiqeen like tantawi...

        yes there is a ikhtilaf on the hadith which reccomend female circumcision... but the their is valid ikhtilaf with the majority of the madhaib saying it is perfectly valid and finding no problem with the ahadit mentioned.....

        yes i get very emotional when people post articles which malign muslims and which akin fgm to sunnah circumcision which the prophet (saw) advised on women....

        and ill take the advice of the prophet (saw) over the advice of the kuffar medics etc who state female circumcision leads to infertility....
        And Allāh has set forth an example for those who believe, the wife of Fir'aun when she said: "My Lord! Build for me a home with You in Paradise, and save me from Fir'aun and his work, and save me from the people who are Zālimūn


        There is no nobility in anyone who lacks faith.

        The wise man knows that the only fitting price for his soul is a place in Paradise.

        Comment


        • Re: Muslim scholars speak out against female genital mutilation in rare conference

          But bro irhab still dnt u find it useful 2 make a stance against the actual fgm? like people cn speak against it and make clear exactly wat is the only small thing which is acceptable n the rest is totally not...
          if we all just keep quiet about the whole thing then the practise doesnt get wiped out as quick?
          .: Rufaida :.
          .:Fa Firroo Ila-llaah:.
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          but you must blame your soul for what you know is in you.”
          ~ Ibn Atallah

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          • Re: Muslim scholars speak out against female genital mutilation in rare conference

            Originally posted by anna2000uk View Post
            But bro irhab still dnt u find it useful 2 make a stance against the actual fgm? like people cn speak against it and make clear exactly wat is the only small thing which is acceptable n the rest is totally not...
            if we all just keep quiet about the whole thing then the practise doesnt get wiped out as quick?
            sis i do wish muslims would speak out against fgm because its a great crime against out sisters...

            but muslims dont speak out against it... either they stay silent because of their stupid culture or they join in with people like tantawi and these western ngos and condemn all female circumcision full stop...

            i really dont understand what the difficulty is for muslms just to say anyone who breaks the limits of the circumcision should be condemned and punished because the prophet (Saw) said do not cut too deep... and to promote education on this.... but when they make articles saying femalce circumcision is the same as fgm and fgm is so evil etc etc they openly accuse so many muslims of doing sin when they arent... and that probably is one of the reasons why no one supports them except people like tantawi...
            And Allāh has set forth an example for those who believe, the wife of Fir'aun when she said: "My Lord! Build for me a home with You in Paradise, and save me from Fir'aun and his work, and save me from the people who are Zālimūn


            There is no nobility in anyone who lacks faith.

            The wise man knows that the only fitting price for his soul is a place in Paradise.

            Comment


            • Re: Muslim scholars speak out against female genital mutilation in rare conference

              Originally posted by Al-Irhaab View Post
              bro the correct adhab for u would be to stop posting things from people who try to degrade islam and stop posting 'islamic' opinions from munafiqeen like tantawi...

              yes there is a ikhtilaf on the hadith which reccomend female circumcision... but the their is valid ikhtilaf with the majority of the madhaib saying it is perfectly valid and finding no problem with the ahadit mentioned.....

              yes i get very emotional when people post articles which malign muslims and which akin fgm to sunnah circumcision which the prophet (saw) advised on women....

              and ill take the advice of the prophet (saw) over the advice of the kuffar medics etc who state female circumcision leads to infertility....
              Originally posted by Al-Irhaab View Post
              sis i do wish muslims would speak out against fgm because its a great crime against out sisters...

              but muslims dont speak out against it... either they stay silent because of their stupid culture or they join in with people like tantawi and these western ngos and condemn all female circumcision full stop...

              i really dont understand what the difficulty is for muslms just to say anyone who breaks the limits of the circumcision should be condemned and punished because the prophet (Saw) said do not cut too deep... and to promote education on this.... but when they make articles saying femalce circumcision is the same as fgm and fgm is so evil etc etc they openly accuse so many muslims of doing sin when they arent... and that probably is one of the reasons why no one supports them except people like tantawi...
              brother al-irhaab, i am not a big fan of tantawi neither but could it be that this might be one of the cases in which he is correct on the issue?

              all i have heard from you so far on this issue is only one of a few controversial hadeeth and many, at times strange accusations and a few examples of name callings for which other people have already experienced a ban on this forum. yet you have failed to cite any evidence to support your statements. hence, my previous advice and reminder for you to act a bit less emotional and more rational insh'Allah.

              i started this thread to inform about a unique conference which took place in egypt and to inform about the issue of female circumcision as a general term.

              at the same time i am challenging any muslim to bring profound evidence from qur'an, sunnah or fatawah from scholars of islaam or any new consolidated findings of medical science on the subject of female circumcision which either speak in favour or against it.

              i may continue with it in my following posts.
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              Comment


              • Re: Muslim scholars speak out against female genital mutilation in rare conference

                from a site supervised by prominent saudi scholar sheikh salman al-oadah:

                Female Circumcision & Islam

                Sheikh (Dr.) `Abd al-Rahmān b. Hasan al-Nafisah, editor of the Contemporary Jurisprudence Research Journal , Riyadh|

                The question of female circumcision in Muslim lands attracts considerable media attention. This is probably due to the negative reactions and condemnation that the practice provokes – especially in European countries that have large Muslim communities. This attention grew considerably after one African Muslim discussed on television the way that this circumcision is carried out and declared that the practice was recommended by Islamic Law. This led certain countries to pass legislation prohibiting female circumcision on the grounds that it is harmful to women and a violation of their rights.


                Pre-Islamic Arabia

                Before discussing this practice in light of Islamic teachings, it behooves us to consider that the circumcision of girls is a custom that has been practiced since ancient times in parts of Africa, particularly in Egypt, Nubia, Sudan, and their surroundings. The prevalent type of female circumcision practiced in that region is known as Pharaonic circumcision, and it seems that the reason for it was the desire of the men in those societies to weaken the sexual desire of women in order to ensure their chastity.

                It is quite possible that this practice spread to neighboring Arab countries from Egypt and practiced on occasion or that Arabs were at least aware of this custom before the advent of Islam, since customs can spread from one society to another. However, I have not come across any verifiable evidence that the Arabs of pre-Islamic times were in the practice of circumcising their daughters. Among them were those who killed their daughters fearing the shame that they brought and had no need for circumcision.


                What is reported in the Sunnah

                There are some narrations attributed to the Prophet Muhammad (peace be upon him) concerning female circumcision. The most important of which are the following:

                1. “Circumcision is Sunnah for men and an honorable thing for women.” [Musnad Ahmad (19794)]

                Ibn Hajar al-`Asqalāni discusses this hadīth in al-Talkhīs al-Habīr (4/1407):
                Ahmad and al-Bayhaqī narrate this hadīth from al-Hajjāj b. Arta’ah who narrates it from Abū al-Mulayh from Usāmah from his father.

                This al-Hajjāj is one who is known to use ambiguous terms in conveying his chain of transmission, and moreover he is inconsistent in this narration. Sometimes he cites his chain of transmission as given above and at other times he mentions an additional narrator named Shidād b. `Aws after Abū Mulayh’s father. This is how we find the hadīth being narrated in Musannaf Ibn Abī Shaybah, Ibn Abī Hātim’s `Ilal, and Mu`jam al-Tabarānī al-Kabīr.

                At other times, he narrates the hadīth from Makhūl from Abū Ayyūb. This narration can be found in Musnad Ahmad. Ibn Abī Hātim mentions this in al-`Ilal and quotes his father as laying the blame for the mistake on either al-Hajjāj or the narrator who relates it from him `Abd al-Wāhid b. Ziyād. Al-Bayhaqī says about `Abd al-Wāhid b. Ziyād: “He is a weak narrator and his narrations are incomplete.”

                In al-Tamhīd, Ibn `Abd al-Barr says: “This hadīth depends upon the narration of al-Hajjāj b. Arta’ah whose narrations cannot be used as evidence for anything.”

                The hadīth is in fact related by a narrator other than al-Hajjāj b. Arta’ah. This statement is related in Mu`jam al-Tabarānī al-Kabīr and in Sunan al-Bayhaqī on the authority of Ibn `Abbās back to the Prophet (peace be upon him). However, al-Bayhaqī himself declares it to be a weak hadīth when he mentions it in Sunan al-Bayhaqī. He says in his work al-Ma`rifah: “It is not authentic as a statement of the Prophet (peace be upon him).”
                Therefore, this is a weak hadīth.

                2. Prophet Muhammad (peace be upon him) is reported to have passed by a woman performing circumcision on a young girl. He instructed the woman by 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-Tabarānī al-Awsat (2274)]

                Ibn Hajar al-`Asqalāni discusses this hadīth as well in al-Talkhīs al-Habīr (4/1407-1408):
                Al-Hākim relates it in al-Mustadrak from `Ubayd Allah b. `Amr who narrates it from Zayd b. Abī Usayd from `Abd al-Malik b. `Umayr from al-Dahhāk b. Qays that in Madīnah there was a woman called Umm `Atiyyah who used to circumcise the slave girls, so Allah’s Messenger (peace be upon him) said to her: “O Umm `Atiyyah! Trim, but do not cut into it, for this is brighter for the face (of the girl) and more favorable with the husband.”

                It likewise related by al-Tabarānī, by Abū Nu`aym in al-Ma`rifah, and by al-Bayhaqī with essentially the same chain of transmission except that narrator `Ubayd Allah b. `Amr narrates it from “a man from the city of Kufah” from `Abd al-Malik b. `Umayr.

                Al-Mufdil al-`Ulā’ī says : “I asked Ibn Ma`īn about this hadīth and he told me that its narrator al-Dahhāk b. Qays is not al-Fahrī.”

                However, al-Hākim and Abū Nu`āym discuss him under the biographical entry of “al-Fahrī”.

                `Abd al-Malik b. `Umayr is inconsistent in how he narrates this hadīth. Sometimes it is narrated from him as mentioned above. At other times, he is allegedly relating it from `Atiyyah al-Qurazī as beginning with the words: “In Madīnah, there used to be a practitioner of circumcision called Umm `Atiyyah…” It is related in this way by Abū Nu`aym in al-Ma`rifah. At other times he allegedly relates it with Umm `Atiyyah being the narrator [and not the practitioner]. This is how it is related in Sunan Abī Dāwūd.

                Abū Dāwūd [in Sūnan Abī Dāwūd (5271)] declares the hadīth to be defective on account of the narrator Muhammad b. Hassān, saying: “Muhammad b. Hassān is an unknown narrator and this hadīth is weak.”

                Ibn `Adiyy and al-Bayhaqī confirm Abū Dāwūd’s judgment that Muhammad b. Hassān is an unknown narrator. `Abd al-Ghanī b. Sa`īd, the author of Īdāh al-Shakk, disagrees, saying: “He is Muhammad b. Sa`īd al-Maslūb.” He goes on to narrate this hadīth from Muhammad b. Sa`īd al-Maslūb in his biographical entry for that narrator.

                There are two other lines of transmission for this hadīth:

                1. Ibn `Adiyy narrates it from Sālim b. `Abd Allah b. `Umar – and al-Bazzar relaes it from Nāfi` - from `Abd Allah b. `Umar that the Prophet (peace be upon him) said: “O women of Madīnah! Do it lightly, trim and do not cut into it, for it is more favorable with your husbands. And do not deny Allah’s grace.” This wording is from al-Bazzar. In al-Bazzār’s chain of transmission, there is the narrator Mandal b. `Alī who is a weak narrator. In Ibn `Adiyy’s chain of transmission, there is the narrator Khālid b. `Amr al-Qurashī who is even weaker.

                2. Al-Tabarānī relates it in al-Mu`jam al-Saghīr – and Ibn `Adiyy relates it as well – from Abī Khalīfah who narrates it from Muhammad b. Salām al-Jamhī from Zā’idah b. Abī Ruqqād from Thābit from Anas with a text like the one found in Sunan Abī Dāwūd.

                Ibn `Adiyy comments on this line of transmission, saying: “Zā’idah is the only narrator to relate his hadīth from Thābit.”

                Al-Tabarānī says: “Muhammad b. Salām is the only one to relate it like this.”

                Tha`lab says: “I saw Yahyā b. Ma`īn among some people with Muhammad b. Salām right in front of me and he asked him about this hadīth.”

                Al-Bukhārī says about Zā’idah: “His hadīth are false.”

                Ibn al-Mundhir says: “There is no report about circumcision that can be relied upon and no chain of transmission that can be followed.”
                In Nayl al-Awtār (1/137-139), al-Shawkāni discusses the hadīth of Umm `Atiyyah and says basically the same things about its weakness that Ibn Hajar says above.


                Female circumcision according to the scholars of Islamic Law

                Due to the weakness of the hadīth that refer to female circumcision – with some of their narrators being known for deceptiveness and others whose narrations carry no weight – scholars of Islamic Law have differed widely regarding its legal ruling.

                In the Hanafī school of law there are two different opinions. Some Hanafī scholars consider it to be a Sunnah for women. Others consider it to be merely an honorable thing. [refer to: al-Fatāwā al-Hindiyyah and al-Ikhtiyār li-Tahlīl al-Mukhtār]

                It is considered a preferred act (mandūb) for women in the Mālikī school of law. They rely upon the hadīth of Umm `Atiyyah for this ruling. [refer to: Bulghah al-Sālik li-Aqrab al-Masālik and Ashal al-Madārik Sharh Irshād al-Sālik]

                In the Shāfi`ī school of law, circumcision is considered an obligation for both men and women. This is the official ruling of that school of thought. Some Shāfi`ī scholars express the view that circumcision is obligatory for men and merely Sunnah for women. [refer to: al-Majmū`]

                In the Hanbalī school of law, circumcision is obligatory for men and merely an honorable thing for women. It is not obligatory for them. The Hanbalī jurist Ibn Qudāmah observes: “This is the view of many people of knowledge. Imam Ahmad said that it is more emphatic for men.” [al-Mughnī (1/115)]

                Among contemporary legal scholars, al-Sayyid Sābiq writes: “The hadīth that call for female circumcision are all weak. Nothing among them is authentic” [Fiqh al-Sunnah (1/36)]


                Conclusions:

                It appears that female circumcision is more a cultural practice than a matter of Islamic teachings. We have seen that the hadīth which refer to the practice are all weak. The presence of that practice in Egypt an Nubia up to this day is just a continuation of a practice that has been around since the time of the Pharaohs. It is often hard for people to give up deeply ingrained customs and cultural practiced. They continue to be passed down from generation to generation.

                Another example of the tenacity of custom is the practice among Indian Muslims where the woman pays a dowry to the husband. This is a pre-Islamic Indian custom that Islam declares false. Islam requires the husband to pay a dowry to the wife. Nevertheless, this custom persists among Muslims in both India and Pakistan, even though the history of Islam in India goes back for many long centuries.

                Likewise, Islam put an end to many pre-Islamic customs that marginalized women and denied them their rights. It put an end to people condemning each other’s lineages. It put an end to the practice of wailing at a person’s burial. Nonetheless, these practices can still be seen in some Muslim societies and are often regarded by the people of those societies to be part and parcel of Islamic Law.

                The Shāfi`ī school of law has been the prevalent legal school in Egypt since its formative years. It may be that the scholars of the Shāfi`ī school who promoted the view that female circumcision is obligatory had been influenced by the prevailing culture of the region.

                There is no evidence that this practice was widespread among the Pious Predecessors. Moreover, the practice has never been prevalent in the regions where Islam originated – Mecca and Madinah and the surrounding areas of Arabia. It is extremely rare. If female circumcision had truly been endorsed by Islamic Law, it would certainly have been practiced and perpetuated in those regions. Only male circumcision is practiced, due to the authentic evidence in the Sunnah that it is part of the natural way (fitrah).

                We conclude that female circumcision is merely a cultural practice that has no prescribed Islamic ruling for it and that is supported by no decisive textual evidence. It is simply a regional custom in the places where it is practiced. We must then take into consideration that many medical professionals consider it to have detrimental affects for the girls who undergo the operation. On that basis, it would be impermissible to allow this custom to continue. 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.

                And Allah knows best.

                http://www.islamtoday.com/showme2.cf...sub_cat_id=822

                Feedback on 'Female Circumcision & Islam' (excerpt)

                A visitor

                May 31, 2006

                Assalamu alaikum Brothers. May Allah reward you all for your efforts.

                Concerning what Sheikh `Abd al-Rahmān b. Hasan al-Nafisah said on Female Circumcision & Islam, it was excellent that he examined the sanad of the various ahadith regarding the topic. However, the following hadith in Sahih Muslim has been mentioned where this hadith may support female circumcision:

                In Sahih Muslim (349) it is narrated from 'Aa'ishah (may Allah be pleased with her) that the Prophet (peace and blessings of Allah be upon him) said: “When a man sits between the four parts (arms and legs of his wife) and the two circumcised parts meet, then ghusl is obligatory.”

                This hadith seems to give credit to the view of those in support of female circumcision.

                May Allah reward you all and Sheikh `Abd al-Rahmān b. Hasan al-Nafisah for your efforts.

                Assalamu alaikum.

                - Abu Maryam


                And a response from another visitor:
                June 6, 2006

                The reason why Sheikh `Abd al-Rahmān b. Hasan al-Nafisah did not quote Sahih Muslim (349) in his article is not because he does not know the hadith! It is because it is not generally regarded as evidence for circumcision.

                The term in Arabic is khitaanaan - one word in the dual form. It is common in Arabic for two related things to be mentioned together as one word in the dual form even though they are different than one another. It is a common Arabic speech idiom. Therefore, the hadith does not indicate a ruling on female circumcision one way or another. This is why it is generallty not mentioned in discussions about this topic.

                Muhammad Salim al-Awwa, Ph.D in his article Female Circumcision Neither a Sunna, nor a Sign of Respect writes the following about Sahih Muslim (349):

                This authentic hadith is by no means evidence of legitimacy, the Arabic word used for "the two circumcision organs" is in the dual case and it follows the habit of calling two objects or two persons after the more familiar or after either of them, giving it prominence. There are many examples of this in idiomatic Arabic usage, such as "the two Umars", referring to Abu Bakr and Umar; "the two moons", referring to the sun and moon; "the shining two", making the same reference although the moon does not shine of itself and only reflects the light of the sun; "the two ‘ishas", referring to maghreb and ‘isha, and "the two zhuhrs", referring to zhuhr and ‘asr. Arabs usually choose the more prominent of the two or the easier in giving a dual form, and that is why they say for parents, "the two fathers", although they are a father and a mother. Sometimes they choose the easier to pronounce as in their saying, "the two Umars" or the greater in status, such as in God’s saying, "Nor are the two seas alike, the one being potable and pleasant to drink, and the other salty and briny". The first of these "two seas" is a river and the second, an actual sea. Sometimes the word with the female gender is chosen to make the dual form, such as in the expression "the two Marwas", referring to the two hills of As-Safa and Al-Marwa in Mecca. This usage in the Arabic language is familiar to Arabic linguists. (One famous reference book available to students and dealing with this point is Abbas Hassan’s An-nahw al-wafi, I, 118–19).

                - Ziad

                http://islamtoday.com/showme2.cfm?ca...sub_cat_id=826
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                Comment


                • Re: Muslim scholars speak out against female genital mutilation in rare conference

                  quote from arabnews:

                  A.3. Female circumcision is not a Sunnah. There is no basis to consider it as such. Shaikh Muhammad Al-Sabbagh, a reputable Hadith scholar, has verified all the Hadiths that mention this practice and shown that they are all very poor in authenticity. As such, they are unsuitable to be taken as a basis for any action. From another point of view, it has been medically established that this social tradition, which is common in some African countries, is harmful to the girl in childhood and adulthood. As such, it should be avoided by all means. Parents who arrange this to be done to their daughters must not do so, because it exposes their daughters to lasting harm. This is something a parent is forbidden to do to a child.

                  http://www.aljazeerah.info/Islam/Isl...rcumcision.htm
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                  Comment


                  • Re: Muslim scholars speak out against female genital mutilation in rare conference

                    Originally posted by abdulhakeem View Post
                    brother al-irhaab, i am not a big fan of tantawi neither but could it be that this might be one of the cases in which he is correct on the issue?

                    all i have heard from you so far on this issue is only one of a few controversial hadeeth and many, at times strange accusations and a few examples of name callings for which other people have already experienced a ban on this forum. yet you have failed to cite any evidence to support your statements. hence, my previous advice and reminder for you to act a bit less emotional and more rational insh'Allah.

                    i started this thread to inform about a unique conference which took place in egypt and to inform about the issue of female circumcision as a general term.

                    at the same time i am challenging any muslim to bring profound evidence from qur'an, sunnah or fatawah from scholars of islaam or any new consolidated findings of medical science on the subject of female circumcision which either speak in favour or against it.

                    i may continue with it in my following posts.
                    bro from your OWN SOURCES... Subahanallah I didnt even need to provid anything U posted it in your OWN SOURCES



                    In the Hanafī school of law there are two different opinions. Some Hanafī scholars consider it to be a Sunnah for women. Others consider it to be merely an honorable thing. [refer to: al-Fatāwā al-Hindiyyah and al-Ikhtiyār li-Tahlīl al-Mukhtār]

                    It is considered a preferred act (mandūb) for women in the Mālikī school of law. They rely upon the hadīth of Umm `Atiyyah for this ruling. [refer to: Bulghah al-Sālik li-Aqrab al-Masālik and Ashal al-Madārik Sharh Irshād al-Sālik]

                    In the Shāfi`ī school of law, circumcision is considered an obligation for both men and women. This is the official ruling of that school of thought. Some Shāfi`ī scholars express the view that circumcision is obligatory for men and merely Sunnah for women. [refer to: al-Majmū`]

                    In the Hanbalī school of law, circumcision is obligatory for men and merely an honorable thing for women. It is not obligatory for them. The Hanbalī jurist Ibn Qudāmah observes: “This is the view of many people of knowledge. Imam Ahmad said that it is more emphatic for men.” [al-Mughnī (1/115)]
                    this proves what!!! at worst the ulema consider it an honourable thing at most obligation and the middle consider it a sunnah !!!

                    from your own sources bro the madhaib are clear on the issue what more proof do you want me to give??
                    And Allāh has set forth an example for those who believe, the wife of Fir'aun when she said: "My Lord! Build for me a home with You in Paradise, and save me from Fir'aun and his work, and save me from the people who are Zālimūn


                    There is no nobility in anyone who lacks faith.

                    The wise man knows that the only fitting price for his soul is a place in Paradise.

                    Comment


                    • Re: Muslim scholars speak out against female genital mutilation in rare conference

                      circumcision (excerpt):



                      Female circumcision

                      With regard to female circumcision, it is a question on which there is controversy among scholars. As for the hadith that speak of it, none aspires to a degree of authenticity which would indicate that female circumcision is obligatory .

                      24 One of the hadith often quoted on the subject is that of Umm Attia, a woman who performed female circumcision. It is said that God's Messenger (pbuh) told her, "Umm Attia, restrict yourself to a sniff and do not overstrain; (this way), it is more pleasant in appearance and more satisfactory to the husband". Al-Iraqi in Al-mughni 'an al-asfaar says: "The hadith concerning Umm Attia is quoted by Al-Hakim and Al-Baihaqi, on the authority of Al- Dhahhak ibn Qais. Abu Dawood mentions something similar to this hadith of Umm Attia, and both versions are lacking in authenticity". As Abu Dawood quotes it, the hadith says: "Do not overstrain; that is more pleasant for the woman and more preferable to her husband". Abu Dawood points out that the hadith is reported in its general sense on the authority of Ubaidullah ibn Arnr ibn Abd al-Malik.

                      Abu Dawood comments that: "Its chain of transmitters is not strong. Besides, it is reported not as a direct quote attributed to the Prophet (pbuh). Moreover, Muhammad ibn Hassan is unknown. This hadith is poor in authenticity".

                      This shows that Abu Dawood mentions the hadith only to point out its weakness. It is quoted with several chains of transmission, all of which are poor in authenticity, as explained in my detailed footnote.

                      Some of these are poorer than others. This goes to prove that what Ibn al-Munther says, as quoted by Ibn Hajar in Al-talklzis, is true. He says: "In regards to circumcision, there is no authentic report to refer to, nor a sunna to be followed".

                      Consider how these two eminent scholars, Abu Dawood and Al-Iraqi, as welJ as the others mentioned in my documentation of this hadith, judge it as a hadith markedly lacking in authenticity. It is better to pay no attention to later scholars who sought to classify it as authentic. It is very unlikely that the Prophet (pbuh) would address a woman, and be so candid with her, on such a subject, using the words, "that is more pleasant for the woman and more preferable to her husband".

                      Even if the hadith is authentic, it does not imply that circumcision is a requirement. All it does is to forbid removing too much of the parts concerned. So, if female circumcision is to be performed, it should not be overdone.

                      This is why some scholars say: "Circumcision is obligatory for men and a sign of respect in the case of women". A hadith with similar wording is quoted, attributed to Usama al-Huthali, who directly quotes the Prophet (pbuh) as saying: "Circumcision is a sunna for men and a sign of respect for women".

                      Hadith scholar AJ-Iraqi comments on the status of this hadith: "It is related by Ahmad and Al-Baihaqi, with a weak chain of transmission".
                      Ibn Hajar says, "According to one opinion of the Shafie school of thought, it is not required for women.

                      31 This is the one mentioned by the author of Al-mughni, quoting Ahmad ibn Hanbal. The majority of scholars, including some of the Shafie school of thought, are of the view that it is not a requirement", that is for women.

                      Al-Mawardi describes it as follows: "Female circumcision is cutting a fold of skin in the upper part of the vagina, which resembles a fruit stone or a rooster comb, but without removing the whole fold".

                      AI-Nawawi says: "It is cutting off the lowest part of the fold of skin in the upper part of the vagina".

                      However, female circumcision as currently practiced in some Islamic countries in Africa, does not observe the limitation set by scholars, but goes much further .

                      So-called Pharaonic circumcision (infibulation) 35 is still common in certain countries. Everything is removed, with the labia and the organ itself being mutilated and just an opening left for urine and blood.

                      Physicians tell us that female circumcision, and infibulation in particular , has severe consequences, which are summed up as follows:

                      1.This form of circumcision is a distortion of the female organ that has a terrible psychological effect on women, causing depression, nervous tension, and anxiety.

                      2.It weakens the sexual desire, and being so, when the girl gets married, it spoils marital life for her and becomes a major obstacle in the way of her sexual satisfaction.

                      3.It may cause infection and introduce germs into a woman's pelvis when it is performed by ignorant practitioners and at locations with poor sanitary conditions and with non-sterilized instruments. A girl exposed to such conditions usually gets sick and is exposed to inflammations, and her fallopian tubes become blocked. She may suffer acute, often fatal, bleeding after the operation. I may comment here that although using non-sterilized instruments is not restricted to female circumcision, but is also common in male circumcision, the reason I mention it here is that it is currently common in Sudan and other countries.

                      4.It may result in sterility. If i t does not and the woman concerned gets pregnant, delivery will be difficult, and will have to be surgical.

                      5.As Dr Salah Abu Bakr37 says, female circumcision has adverse effects on the urinary system, and may cause a urinary fistula, which causes, in turn, retention of the urine and the menstrual blood. He notes other possible complications including inflammation in other organs, such as in the cervix of the uterus, which is known as a uterine ulcer, or in the endometrium (inner lining of the womb ).

                      Since all these risks are involved in female circumcision, it cannot be legitimate under Islamic law, particularly since nothing that recommends it is definitely established as said by the Prophet (pbuh). It is, however, established that he has said: "Do not harm yourself or others". This hadith is one of the basic principles of this True Religion. The conclusion to be reached is that female circumcision is neither required nor is it an obligation nor a sunna. This is the view taken by a great number of scholars in the absence of any hadith that may be authentically attributed to the Prophet (pbuh). Even those who regard female circumcision as being legitimate oppose its deviant forms. I should mention here that some scholars have made a distinction between various countries with regard to the ruling concerning it. Ibn al-Haj says in Al-madkhal:

                      "There are different views concerning women, whether circumcision should be performed for them in general or distinction is to be made between women of the east, in whose case it should be applied, and women of the west, in whose case there is no need for it, because, unlike women of the east, they do not have the additional flap of skin which is supposed to be cut".

                      This is a good point, and scholars deal with it in the case of male children as well, where they say that if a boy is born without the flap of skin, nothing is required in his case.

                      A specialist in the medical profession once told me that in certain countries this additional fold in women gets so big that it becomes harmful. He says he has seen a case like that and has removed the fold.
                      In cases of this sort, no objection can be made to female circumcision as long as proper sanitary conditions are observed.

                      When all is taken into consideration, since female circumcision involves these certain and possible hazards, there is no doubt that it is better not to do it.

                      If there is need to remove something that is oversized, it may be removed, but the person who removes it should avoid any excess.

                      These are the points I planned to discuss briefly in this paper. There are aspects t of the subject-such as the history of circumcision, its position in ancient cultures, I the social habits involved, the celebrations held, and so on-which I have not I dealt with, because they have no bearing on the actual problem that people face.

                      I have appended to my paper the treatise written by Sudanese Professor Alliin Dawood, because of its great value. It was originally published in Khartoum. I pray God to guide me and grant me sound judgement, and I pray that this paper and its companion piece be of benefit. I pray God to make all our endeavors dedicated solely to His service. It is God who speaks the truth and guides people along the right path. Praise be to God, the Lord of all the worlds.



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                      Female Circumcision
                      Neither a Sunna, nor a Sign of Respect
                      Muhammad Salim al-Awwa, Ph.D

                      Ever since the international CNN television network screened a filmed report depicting a circumcision being performed on an innocent Egyptian young girl, the subject of circumcision, in particular, female circumcision, has commanded considerable public interest, not just in Egypt, but in many other places, particularly within the Arab and Islamic world.

                      Many People have overstated the case, claiming female circumcision to be a sunna, and other writers have gone too far, maintaining that Islamic jurisprudence makes "circumcision obligatory for both male and female".
                      Male circumcision is not a controversial subject, and there is no need to state how Islam regards it.

                      Islamic legal rulings are deduced from the original, universally agreed sources. These are the Quran; the authentic sunna of the Prophet [PBUH] consensus, subject to the conditions set for it in the principles of Islamic jurisprudence; and analogy, when it meets the essential conditions.

                      The conclusions of jurisprudence scholars are a human endeavor carried out by specialists in Islamic law to point out for Muslims, and even non-Muslims, the rulings of Islam on everything they are interested in.

                      Any conclusion reached by these scholars, however, should not be regarded as law, nor can it be cited as a creed to be followed. It can only be cited as an interpretation of the original texts and an application of what they say to actual cases. Such a conclusion is a vehicle for a better understanding of the texts and of how they function, but it is not infallible, and it is as likely to err as to be correct. A qualified interpreter of Islamic jurisprudence is doubly rewarded when he makes a correct interpretation and receives a single reward when he errs.

                      Therefore, if we wish to find out the ruling of Islamic law on the question of female circumcision, we should seek it in the Qur'an, then in the sunna, then in the consensus of scholars, and finally by analogy. We may find help in the interpretations of scholars, reassuring us that we have understood the text correctly, and confirming our conclusion. However, in the light of the knowledge now available to us and the progress made in medical science in particular, we may find nothing of benefit in those interpretations. When this is the case, we disregard them and pay no attention to what is set down in the books of scholars.

                      The Qur'an makes no mention, whether explicit or implicit, of female circumcision. There is no consensus on the ruling of Islamic law in regard to it, and no analogy that is relevant and admissible.

                      As for the sunna, it is the source to which the presumed legitimacy of female circumcision is ascribed, and this is because of certain quotations attributed to the Prophet (pbuh) in some anthologies of hadith. In fact, there is no authentic evidence in the cited statements which allows for sanctioning this act, which has such serious matter, with its serious implications for human life as a whole.

                      Scholars do not admit the evidence of hadith with questionable authority. Evidence can be taken only from those that have a strong chain of transmission.

                      The hadith most often quoted of those which mention female circumcision is one that concerns a woman called Umm Attia, known to have practised female circumcision in Medina. It is claimed that the Prophet (pbuh) told her:

                      "Umm Attia, restrict yourself to a sniff and do not overstrain; (this way ,) it is more pleasant in appearance and more satisfactory to the husband".
                      Thishadith is quoted, with similar phraseology, by Al-Hakim, AI-Baihaqi, and Abu Dawood. All of them, however, relate it with weak chains of transmission, ashadith scholar Zein al- Din al-Iraqi points out in his commentary on Al-Ghazali'sIhya ulum al-din (I: 148).

                      Abu Dawood, whose version differs in phraseology from the above-quoted one, says in commenting on this hadith: "It is reported in its general sense on the authority of Ubaidellah ibn Amr ibn Abd al-Malik.lts chain of transmitters is not strong. Besides, it is reported not as a direct quote attributed to the Prophet (pbuh) ...Thishadith is poorin authenticity"

                      (AbuDawood's sunan, XIII, 125-26).

                      Some contemporary scholars have collected the various versions of this hadith, all of which are lacking in authenticity and cannot be used as evidence. My colleague Muhammad al-Sabbagh, a renowned scholar, says in his treatise on female circumcision, '"Consider, then, may God protect you, how these two eminent scholars, Abu Dawood and Al-Iraqi, as well as the others mentioned in my documentation of this hadith, judge it as a hadith markedly lacking in authenticity. It is better to pay no attention to later scholars who sought to classify it as authentic".

                      Thus, Umm Attia's hadith, in all its 'versions, is of no value and cannot serve as evidence. Even if, for the sake of argument, we regard it as authentic, the instruction it gives is not an order to subject girls to circumcision. It is rather an explanation of how to perform it if it is to be performed. In this case, it should be restricted to a "sniff', which scholars compare to the sniffing of perfume, meaning to cut off only a tiny part of the external side of the spot where circumcision is usually performed, which is the fold of skin known as the prepuce. It is, as the Imam Al-Mawardi says, " cutting off a part of this upper skin without removing the whole or as the Imam Al-Nawaw I describe it, "cutting off its lowest part". It is then a delicate medical question calling for a surgeon who can determine "the lowest part" of "this upper skin". Even if it is considered legitimate, female circumcision should not be performed by general practitioners, and certainly not by people who are not qualified as surgeons, such as midwives, barbers, etc.

                      That is unfortunately what takes place in our country and other places where girls are subjected to this appalling operation.

                      Another hadith which is as well-known as that involving Umm Attia is a quotation attributed to the Prophet (pbuh) which says: "Circumcision is a sunna for men and a sign of respect for women". In his comments on Ihya ulum al-din, hadith scholar Al-Iraqi finds it also lacking in authenticity. For this and other reasons, the eminent scholar Sheikh Sayyed Sabeq says in Fiqh al-sunna:

                      "The hadith recommending female circumcision are poor in authenticity. None of them is found to be authentic" (1,33).

                      In his book Talkhis al-ltabir ii takhrij ahadith al-raiie al-kabiri, hadith scholar Ibn Hajar describes this hadith as poor in authenticity, and quotes Imam Al-Baihaqi 's point ofvjew that it is "poor, with a broken chain of transmission". In Al-tamhid lima fil-muwatta ' min al-ma 'ani wal-assanid, lbn Abd al-Barr says, "It is based on tne authority of a transmitter whose report cannot be admitted as evidence" Shams al-Haq al-Azhim Abadi's Awn al-ma 'bood ii sharh sunan abu dawobd, XIV, 124).

                      Hadith scholar Abu Umar ibn Abd al-Barr says in his above-mentioned book:

                      "Those who consider (female) circumcision a sunna, use as evidence this hadith of Abu al-Malih, which is based solely on the evidence of Hajjaj ibn Artaa, who cannot be admitted as an authority when he is the sole transmitter. The consensus of Muslim scholars shows that circumcision is for men" (Al-tamhid limaiil-mukatta min al-ma 'ani wal-assanid, XXI, 59).
                      Therefore this text cannot be used as evidence because of its weakness, being based on a transmitter whose report is unacceptable. How then can a ruling be based on it to the effect that a certain practice is a sunna or a sign of respect, which at worst is a recommended thing, and recommendation is a ruling that cannot be confirmed without sound evidence.

                      Nor is it an acceptable reply that this hadith gains evidence and support from the above-mentioned hadith of Umm Attia, for all the evidence cited by those who claim it to be authentic has serious defects negating such authenticity and rendering it inadmissible.

                      Even if the hadith is authentic, which it is not, it does not imply that male and female circumcision have a similar ruling. It rather makes it explicit that female circumcision is not a ?, but below it in degree. It is as if Islam, coming at a time when Arabs practiced female circumcision, aimed at refining this habit by describing an extremely delicate and subtle method, using the words "restrict yourself to a sniff and do not overstrain" in the first hadith which is lacking in authenticity, and also aimed at making it clear that it is not a practice endorsed by religion, but rather a folk custom, and this is done by stating that circumcision is "a sunna for men. .." in the second hadith which is also lacking in authenticity. The word 'ilmnais used in the sense of "habit," and not in the sense it has in religion.

                      Neither of the two hadith, even if for the sake of argument they are supposed to be sound, admits an acceptable interpretation other than the above. Had the Prophet (pbuh) intended an equal ruling for men and women, he would have said: "Circumcision is a sunna for men and women," or he might have said,

                      "Circumcision is a sunna," and stopped at that. That would have made the ruling general, as long as it does not have anything which restricts its application to some, and not to all, people. Since the utterance, were it authentic, distinguishes between men and women, the ruling must be different, and its being a sunna, in the general sense of the word, applies to men alone.

                      That is how Ibn Abd al- Barr al-Qurtubi interprets it when he criticizes those who claim female circumcision is a sunna on the basis of that unauthentic hadith. He points out that the consensus is that circumcision is for men.

                      The same interpretation is implied in the words of lbn al-Munther: "There is no authority to rely on in the question of circumcision, nor a sunnato be followed." (quoted by Shams al-Haq al-Azim Abadi in his annotation of Abu Dawood's sunan, XIV, 126).

                      Imam al-Shawkani says: "In addition to the fact that the hadith is not valid as reference, it does not give any evidence to prove the case in question" (Nail al-awtar, I, 139).

                      In some of the writings on the subject recently published in Egypt, there is a mention of a lady called Umm Habiba and a hadith in the form of a conversation between her and the Prophet (pbuh) on this point is cited. There is no such hadith in aQy of the anthologies of traditions, and no mention of a woman with that name who practised female circumcision. Therefore, the argument is not valid; it is utterly unfounded.

                      Another evidence people cite is a hadith attributed to Abdullah ibn Umar which addresses the women of al-ansar (the original inhabitants of Medina who supported the Prophet (pbuh) ) endorsing female circumcision. The hadith is described as unauthentic in the very source from which they quote it (Al- Shawkani,Nail al-awtar, I, 139), which says, " Abu Naim'schain of transmission (Abu Naim being one of the two person who quote it) includes Mandal ibn Ali, who is classified as a poor authorlly, while Ibn Adi's chain of transmission includes Khaled ibn All1l" al-Qurashi, who is even a poorer authority than Mandal. Thus, this is another hadith that cannot be cited as evidence by anybody.

                      Authentic hadith include one in which Aisha directly quotes the Prophet (pbuh) (and with a version where she is the one quoted) as saying something, cited in more than one version with slightly different phraseology, to the effect that, "If the two circumcision organs meet, ghusl or grand ablution, becomes obligatory". This hadith is cited by Malik in Al-muwatta " Muslim in his anthology of authentic hadith, Al- Tilmithi and Ibn Majah in their anthologies, and other editors of collections of the hadith. The relevant point here is the phrase "the two circumcision organs" used by the Prophet (pbuh) which is an explicit reference to the male and female organs that are usually circumcised and which is taken by some people as evidence that clitoridotomy is legitimate.

                      This authentic hadith is by no means evidence of legitimacy, the Arabic word used for "the two circumcision organs" is in the dual case and it follows the habit of calling two objects or two persons after the more familiar or after either of them, giving it prominence. There are many examples of this in idiomatic Arabic usage, such as "the two Umars", referring to Abu Bakr and Umar; "the two moons", referring to the sun and moon; "the shining two", making the same reference although the moon does not shine of itself and only reflects the light of the sun; "the two 'ishas", refening to maghreb and 'isha, and "the two zhuhrs", referring tozhuhrand 'asr. Arabs usually choose the more prominent of the two or the easier in giving a dual form, and that is why they say for parents, "the two fathers", although they are a father and a mother. Sometimes they choose the easier to pronounce as in their saying, "the two Umars " or the greater in status, such as in God's saying, "Nor are the two seas alike, the one being potable and pleasant to drink, and the other salty and briny". The first of these "two seas" is a river and the second, an actual sea.

                      Sometimes the word with the female gender is chosen to make the dual form, such as in the expression "the two Marwas", referring to the two hills of As-Safa and AI-Marwa in Mecca. This usage in the Arabic language is familiar to Arabic linguists. (One famous reference book available to students and dealing with this point is Abbas Hassan's An-nah\1' al-wafi, I, 118-19).

                      Thus it is clear that in true sunna there is no evidence that female circumcision is endorsed, that all the hadith on female circumcision used as evidence are poor in authenticity and cannot serve as the basis for a religious ruling, and that the practice is nothing other than a custom which Islam left for time and for progress in medicine to refine or abolish.

                      We should remind those who advocate female circumcision, believing it to be a religious practice, that the thing we are discussing is not a theoretical concept which can serve as a suitable subject of controversy. It is rather a custom which is very common. Published Egyptian statistics reveal that 95% of all Egyptian females are subjected to circumcision (Facts about female circumcision, The Egyptian Society for Protection against Practices Harmful to Women and Children, 1993, p.11 ). The practice takes one of three forms, none of which conforms to the procedure advocated by those who sanction female circumcision. All three fonns deviate from that procedure. In all its forms practiced in Egypt, female circumcision falls under the 'overstraining' mentioned in the hadith that lacks authenticity. This means that this hadith provides them with no support because the practice does not conform to the advice mentioned in this hadith; it indeed contradicts it.

                      Female circumcision as practiced in Egypt, in its three forms, is an assault on the human body which falls under the category of criminal behaviour as defined in the criminal code (Salah Awais, Deputy Chief Justice at the Court of Cassation, F emale circLtmcision in light of the principle.') of criminal and civil responsibility in Egyptian law).

                      Physicians and nonphysicians equally shoulder the criminal and civil responsibility for this atrocity. The female genitals in their normal fonn and as created by God are not a disease, nor a cause of disease. Nor do they cause any sort of pain which requires surgical intervention. Thus any surgical tampering with this delicate, natural system, in any of the fonns of female circumcision, is not regarded by the law as falling under any of the valid reasons for surgery , which are medical treatment, detection of a disease, relief from a current pain, or prevention of an expected one. Therefore, the surgical procedure in question is not allowed and calls for punishment (Ibid., p.9).

                      God's Messenger (pbuh) forbade any meddling with God's creation, and authentic hadith quote him as cursing females who undertake such meddling. The Qur'an classifies the amputation of organs, even in animals, as a sin. Such amputation is what Satan warned to use as a means to lead human beings astray in handling their cattle, and it is mentioned together with tampering with God's creation. God says about Satan: God has cursed Satan and he had said, Of your servants I shall take my due share and lead them astray. I will fill them with vain desires and ordered them to slit the ear.

                      " … indeed I shall order them to tamper with God's creation. Whoever choose Satan, rather than God, as his protector, suffers an irredeemable loss (4:117-19).

                      As practiced in Egypt and in other parts of the Islamic world, female circumcision involves tampering with God's creation and a removal of inviolable human organs. If doing this to anima]s is an act of Satan' s, which he does in order to lead people astray, how can it be regarded when done to human beings?

                      It is a well known fact that the location where female circumcision is performed is one of the highly sensitive spots in arousing sexual desire. The way it is touched determines whether or not a woman gets the satisfaction in intercourse which her husband is expected to give her. This satisfaction in turn determines whether she feels emotional fulfillment, and the two feelings of physical and emotional satisfaction increase or decrease in proportion to each other. Any surgical meddling with this part of the body certainly reduces both feelings. It is a flagrant assault on the woman's legitimate right to enjoy intimacy with her husband and to have the psychological peace which results from enjoying that right of hers. God has given the organs of every human being a special image that is never repeated in all its details in any other person.

                      He knows best the things and the creatures He has created. There is no frivolity or oversight in His making anyone of His creatures; and certainly there is nothing that needs to be co-acted by a woman who practices infibulation, as argued by the advocates of female circumcision. All organs of the human body are made to carry out their functions in the fullest and best possible manner. To deny a person the fruits of some of these functions is certainly an assault on that person.

                      Advocates of female circumcision who wish for it to continue ignore that fact and subject women to a most severe injury. It is an unlawful injury, the harm resulting from it cannot be cured, and the psychological pain it causes cannot be compensated by anybody.

                      Since female circumcision is not something required and no evidence from religious sources proves that it is either an obligation or a sunna, what remains is that it is an absolute damage that has no benefit. It is not, as its advocates say, "a proper refinement of sexual desire, particularly in adolescence". They go on to say, "This is something that we can witness in, and be warned against by, the mixing, crowding, and even bodily contact of men and women in the areas and places where contact takes place these days, as everyone surely knows. Unless girls are circumcised.
                      ..they will be exposed to various erotic excitements which, together with other elements with which this age is abundant, will lead them to deviation and vice".

                      I maintain that things are not as these people claim them to be, because erotic excitement of the point which is subjected to female circumcision results only from direct contact under special circumstances, which is not something that occurs in the cases of mixing, gathering, and closeness they mention, the most obvious of which is public transport. In these cases, contact between various parts of the male and female bodies, contrary to religious instruction, occurs.

                      Could the answer for such occurrences be to remove these parts from the bodies of all men and women?

                      It is well known that every chaste and virtuous person, male or female, greatly suffers when something of that sort occurs to him or her, and usually that III happens accidentally and unintentionally. When an upright and God-fearing "ii! person finds himself in such a situation, he or she suffers great embarrassment. In such a situation no sexual desire is going to be aroused to begin with, the brain being preoccupied with more urgent concerns. Except in the cases of abnormal and sick people, who do not count when general rulings are made, erotic excitement happens only in atmospheres of full relaxation, peace of mind, and willingness.

                      Chastity and modesty are equally called for in men and women. They are the means of protection against the unpleasant consequences of close contact between the two sexes. Good upbringing, which instills virtuous conduct, is the real shield that keeps such contact from leading to consequences contrary to religious instruction and moral standards. As for the female circumcision which some people advocate, it is useless and, as already pointed out, an absolute Injury.

                      It is the duty of the government, both in Egypt and in other Islamic countries where this reprehensible custom prevails, to pass a law prohibiting it, particularly as it is practiced at present. The inflexibility of some people in following the reviews of their forefathers should not be allowed as an obstacle against such a law. Scholars rule that the removal of the labia majora, which are the two outer folds of skin of the vulva surrounding the entrance for intercourse, calls for the payment of the full amount of blood money, and blood money is a punishment f for the person who pays it and a compensation for the one who receives it. In explaining this ruling they point out that sexual satisfaction is linked with the labia, and losing or reducing the ability to have this satisfaction calls for such : punishment and compensation. To take measures of prevention against its " occurrence is certainly legitimate; it is much better than to wait for it to happen and then try and explain or justify it. (See Ibn Hazm, Al-muhalla, X, 458. Ibn Hazm quotes the views of scholars on the subject then makes clear his stand in opposition to them, calling for retaliation against intentional practice and waiving blood money in the case of mistakes. Also see Ibn Qudama,Al-mughni, XI, 546 and XII, 158, where two views are quoted, one calling for retaliation when the labia majora are removed and the other ruling that blood money is sufficient for technical considerations which the retaliation procedure involves. )

                      Thus it is clear that in Islamic ruling, clitoridotomy is neither an obligation nor a sunna, with no evidence supporting either. Nor is it a sign of respect because all the hadith endorsing it are poor in authenticity. It is rather a custom, and as such it is not common in all Islamic countries; it is restricted to some. Besides, it is a custom that causes an absolute injury, the infliction of which on any person cannot be accepted without legitimate justification. It is an injury which, particularly in its psychological aspect, cannot be compensated for. If its practice and the injustice it involves, as it is practiced in all its forms that are common in our country, causes a woman to lose her ability to enjoy sexual satisfaction, scholars rule that retribution or blood money is due.

                      Let the fear of God enter the hearts of those who sanction what cannot be sanctioned and attribute to Islam something that it does not call for. Let them remember what the Prophet (pbuh) urged upon his followers in regards to women, when he said: "Take good care of women". Let them picture themselves in the place of these poor women who, through circumcision, are deprived of a satisfaction which, if these men were the ones to be deprived of, they would find no compensation for in any other way.

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                      • Re: Muslim scholars speak out against female genital mutilation in rare conference

                        Gender Equity in Islam
                        By Jamal Badawi
                        Appendix

                        The issue of Female Circumcision

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

                        1. WAS FEMALE CIRCUMCISION INTRODUCED BY ISLAM?

                        While the exact origin of female circumcision is not known, "it preceded Christianity and Islam."1 The most radical form of female circumcision (infibulation) is known as the Pharaonic Procedure. This 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 Egypt.2

                        It is common knowledge that in some countries like Egypt, female circumcision has been practiced by both Muslims and Christians.3 In the meantime, this practice is not known in most Muslim countries including Iraq, Iran, and Saudi Arabia.4 This leads to the conclusion that female circumcision is connected with cultural practices rather than Islam itself as a world religion. It was made clear in the introduction of this book that 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 cases, may violate its teachings as embodied in its primary sources, Quran and Hadeeth. These sources are examined next.

                        2. IS THERE ANY AUTHENTIC TEXT IN THE PRIMARY SOURCES OF ISLAM WHICH REQUIRES FEMALE CIRCUMCISION FOR RELIGIOUS REASONS?

                        No mention of female circumcision is to be found in the Quran 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 in a 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 scholars.7
                        There is, however, a more authentic Hadeeth in which Prophet Muhammad (P) is reported to have passed by a woman performing circumcision on a young girl. He instructed the woman by saying:
                        • "Cut off only the foreskin (outer fold of skin over the clitoris; the prepuce) but do not cut off deeply (i.e. 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 instinctive needs of females and their matrimonial happiness and legitimate enjoyment. Reference to the brightness of the face and to better relationship with the husband is clear indications of his sensitivity and compassion. They also stand in contrast to the arguments that female circumcision "controls" the woman's sexual appetite and hence contributes to sexual morality and virtue in society. It is true that Islam requires adherents of both genders to be chaste. Yet, there is no text in the Quran 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.

                        3. SHOULD FEMALE CIRCUMCISION BE BANNED OR RESTRICTED?

                        Shariah (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 a sweeping ban of this practice. Before discussing this view, it is important to distinguish between different types of procedures that were and still are called circumcision.

                        TYPES OF CIRCUMCISION
                        • a) 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.
                          b) Removal of the entire clitoris (clitorectomy) along with part of the labia minora, which is sutured together leaving an opening. This is a form of mutilation.
                          c) Removal of the entire clitoris, labia minora and medial part of the labia 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 three weeks.9 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 off of any part of the human body except for unavoidable reasons (e.g. 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 (e.g. the late Rector of Al-Azhar University, Sheikh Gad Al-Haque) argued that since the Prophet (P) did not ban female circumcision, it falls within the category of the permissible. As such, there is no ground for a total ban on it. However, it is within 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 rule (Aldharar Yozaal), or harm must be removed. The real issue then boils down to whether the first procedure is harmful or not. Granted 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 unhygienic setting leading to infection and other problems.10

                        Even if the procedure is performed by a physician, it is so delicate that not all physicians master it.11

                        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 inappropriate as practicing female circumcision because it is a "tradition," regardless of its consistency with Islam or not. The practice should be evaluated objectively, on the basis of
                        • a) whether it is required religiously or not
                          b) whether there are medical and other relevant issues to be considered in evaluating this practice.
                        While any form of female circumcision is already legally banned in some countriesl2 and may be 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 greatl3 abrupt legal 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 the masses in countries where female circumcision is commonly practiced. All possible media should be used in the process. The contents of this appendix may serve as an outline of such an educational program, or it is so hoped. In any case, the conclusion which appears to be certain is that there is no single text of the Qur'an and Hadeeth which requires14 female circumcision.
                        1. Stewart, Rosemary, "Female Circumcision: Implications for North American Nurses," in Journal of Psychosocial Nursing, vol. 35, no. 4, 1997, p. 35.
                        2. Haqa'iq llmiyya Hawla Khitan Al-Inuath (in Arabic), Jam'iyyat Tanzeem Al-Usrah, Cairo, 1983, p. 7.
                        3. Ibid, p.8.
                        4. Ibid, p.8.
                        5. Al-Shawkani, Nayl Al-Awtar, Dar Al-Jeel, Beirut, 1973, vol.1, p. 139
                        6. A broader definition of Sunnah is "the words, actions and approval (or consent) of Prophet Muhammad (P)." In the context of religious obligations, however, Sunnah refers to act that are commendable but not obligatory. It is in that context that the Prophet Muhammad (P) used the term Sunnah to refer to male circumcision but not female circumcision.
                        7. Al-Shawkani, op. cit, p. 139.
                        8. Al-Tabarani, quoted in Al-Albani, Muhammad N., Silsilat Al-Ahadeeth Al-Sahihah, A1 Maktab Al-Islami, Beirut, Lebanon, 1983, vol. 2, Hadeeth no. 722, pp. 353-358 especially pp. 356-357. See also N. Keller (translator/editor), The Reliance of the Traveller by Ahmad Al-Masri, Modern
                        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 infection, urinary tract infection, 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 tinier in younger girls it is very difficult to do the first procedure properly even by a non-specialist physician. The much easier procedure of male circumcision is usually referred to a physician with 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 countries which practice this procedure. Stewart, op. cit, p. 36.
                        13. Some 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. See for example Stewart, op. cit, p. 36.
                        14. Reference is sometimes made to a saying of the Prophet Muhammad (P) narrated in Ahmad, 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 relationship, both husband and wife must take a complete bath before they perform their daily prayers. The relevant part of this Hadeeth, however, is its reference to the two circumcised parts. Imam Ahmad uses this Hadeeth as an evidence that women (in Madinah) 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 do not require female circumcision as discussed earlier. In fact, some of them speak against radical forms of circumcision.

                        See Sabiq, Al-Sayyid, Figh Al-Sunnah, Dar Al-Kitab AlArabi, Beirut, 1969, vol. 1, pp. 37 and 66. Also Al-Albani, Muhammad N., Tamam Al-Minnah Fi Al-Ta'leeq Ala Fiq AlSunnah, Al-Maktabah Al-Islamiyyah, Amman, 3rd printing, 1409 A.H., p. 67, and Muwatta'AI-lmam Malik, Dar AlQalam, Beirut, n.d., pp. 50-51.


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                        • Re: Muslim scholars speak out against female genital mutilation in rare conference

                          Islamic Law on Female Circumcision

                          By: Shahid Bin Waheed شاهد بن وحيد

                          بسم الله الرحمن الرحيم

                          الحمدلله رب العالمين والصلوة والسلام على اشرف الانبياء وسيدالمرسلين نبينا محمد صل ا لله عليه وعلى آله واصحابه وازواجه اجمعين - امابعد
                          Thanks to be Allaah, Sustainer of the Universe, and blessing and salutation to be the most distinguish of the Messengers and foremost among the Prophets, our Prophet Muhammad, peace and blessings of Allaah be on him and on his wives, children and Companions.

                          Regarding the female circumcision we read in الادب المفرد (Al Adab Al Mufrad) by Abu Abdullah Muhammad Bin Ismail Bukhari ابو عبد الله محمد بن اسمعيل بخارى رحمة الله عليه the authentic information on this issue:

                          Under chapter “Circumcision of Women باب خفض المرأة” we read the following:
                          حدثنا موسَى بن اسماعيل قال: حدثنا عبدالواحد قال: حدثنا عجوزٌ من اهل الكوفه. جدة على بن غراب. قالت: حدثنتنى ام المهجر قالت: سبيت فى جوارى من الروم، فعرض علينا عثمان الاسلم، فلم يسلم منا غيرى اخرى. فقال عثمان: اذهبوا فاخفضو هما و طهروهما.

                          In the same book this Tradition is also mentioned under chapter Circumcision of Girl-slaves باب ختان الاماء. Nonetheless, the correct and true explanation of this is that it was the custom among the Arabs to perform the Khaffad خفض of female children. خفض Khaffad means to diminish or reduce, and stands for female circumcision. Nothing was severed or cut offbut a portion of the skin was suppressed inside, this method was called خفض Khaffad. Whenever circumcision of women is mentioned, it stands for this practice.
                          Let me cite the English translation for the Tradition I quoted in original language (Arabic):

                          Umm al-Muhajir said that she was one of the captives among the girl-slaves of Rome. Sayyidna Usmaan (Uthman) رضى الله عنه asked them to accept Islaam. She and one another woman were the only ones to accept it. Sayyidna Usmaan (Uthman) رضى الله عنه said, “Take (both of) them and perform the خفض Khaffad (circumcision and purify them.”

                          Interestingly enough this evidence proves another things that there is no such thing as “force conversion” in Islaam. The proof is right in the statement of the narrators describing herself about her conversion to Islaam, while other females chose not to accept Islaam beside only two.

                          Sunday, November 07, 2004

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                          • Re: Muslim scholars speak out against female genital mutilation in rare conference

                            carry on with yourself... uve already posted the opinions of the four madhabs and of the salafi thought carry on posting as much as you want it wont change the truth at all
                            And Allāh has set forth an example for those who believe, the wife of Fir'aun when she said: "My Lord! Build for me a home with You in Paradise, and save me from Fir'aun and his work, and save me from the people who are Zālimūn


                            There is no nobility in anyone who lacks faith.

                            The wise man knows that the only fitting price for his soul is a place in Paradise.

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                            • Re: Muslim scholars speak out against female genital mutilation in rare conference

                              Originally posted by Al-Irhaab View Post
                              bro from your OWN SOURCES... Subahanallah I didnt even need to provid anything U posted it in your OWN SOURCES

                              ...

                              this proves what!!! at worst the ulema consider it an honourable thing at most obligation and the middle consider it a sunnah !!!

                              from your own sources bro the madhaib are clear on the issue what more proof do you want me to give??
                              of course from my own sources - because you have so far failed to bring anything at all. at the same time it is you who supressed the first paragraph of the chapter which you quoted from my post.

                              i am asking you brother al-irhaab: could it be that the four madhaabs are not infallible and that they made the same mistake as you by relying on or not recognizing WEAK and UNRELIABLE sources such as the ahadeeth mentioned? or do you have something else to support their views?

                              even the source (abu dawud) of the hadeeth you quoted states and acknowledges its weakness and unreliability.

                              what about your statement that hajar, the wife of ibraheem was circumcised? where does it come from? is it saheeh?

                              what about your claim that the majority of scholars support female circumcison? what is your source? which scholars are those? what do they say? it is easy to say the majority says this and that without bringing evidence.


                              may Allah save us all from ignorance and blindness and show us the right way - ameen.
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                              • Re: Muslim scholars speak out against female genital mutilation in rare conference

                                Originally posted by abdulhakeem View Post
                                of course from my own sources - because you have so far failed to bring anything at all. at the same time it is you who supressed the first paragraph of the chapter which you quoted from my post.

                                i am asking you brother al-irhaab: could it be that the four madhaabs are not infallible and that they made the same mistake as you by relying on or not recognizing WEAK and UNRELIABLE sources such as the ahadeeth mentioned? or do you have something else to support their views?

                                even the source (abu dawud) of the hadeeth you quoted states and acknowledges its weakness and unreliability.

                                what about your statement that hajar, the wife of ibraheem was circumcised? where does it come from? is it saheeh?

                                what about your claim that the majority of scholars support female circumcison? what is your source? which scholars are those? what do they say? it is easy to say the majority says this and that without bringing evidence.


                                may Allah save us all from ignorance and blindness and show us the right way - ameen.
                                subhanallah bro i dont know what more to say to you... youve already presented an ijmah from all of the madhaibs that at worst it is honourable and at most it is obligation and the midde path is that it is sunnah....

                                the ahadith that you have said are dhaif you even missed the point that one is sahih and based upon this the defects in the other can be overlooked... but i dont really want to go into usul e hadith with you... i mean you reject the ijmah of the madhaib and even the ruling of the salafi ulema like sheikh salih that you posted yourself.... what more can i say to you...

                                you follow whatever alim you want but anyone who says there is not ikhtilaf on the issue and that the majority of the ulema (who coincidentally do follow the fiqh rulings of the madhaib) do not believe it is honourable to do female circumcision is a liar.....

                                mashallah female circumcision if one chooses to do it is honourable and if one chooses not to do it then there is no problem and if one says it is haram then he is a liar
                                And Allāh has set forth an example for those who believe, the wife of Fir'aun when she said: "My Lord! Build for me a home with You in Paradise, and save me from Fir'aun and his work, and save me from the people who are Zālimūn


                                There is no nobility in anyone who lacks faith.

                                The wise man knows that the only fitting price for his soul is a place in Paradise.

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