Hi!
Thought this might be interesting. It is From "To Mutilate in the Name of Jehovah or Allah:Legitimization of Male and Female Circumcision" by Sami A. ALDEEB ABU-SAHLIEH Enjoy.
Buharry.
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I. RELIGIOUS ARGUMENTS IN FAVOUR OF CIRCUMCISION
1. The sources of Muslim law
Muslim law has two main sources: the Koran and the Sunnah (tradition: words and actions) of Mohammed, to which one must add the igtihad, tenets of the schools of Muslim law through the centuries.
Nowadays a specific part of igtihad is getting more and more important: namely the fatwas (opinions of Muslim religious scholars), which are often worded in a language accessible to the masses, defining which behaviour conforms to the Divine Will 33. Though juridically non binding, the fatwas are nonetheless morally obligatory for the believer and at times the first step toward the promulgation or the modification of laws. They are given in writing or orally and are often published and sold on a wide scale34. Many pertain to male and female circumcision.
We confine our study here to the works and anthologies of modern fatwas, mostly Egyptian ones, referring to classical books of Muslim law. This choice is justified by the fact that the public at large seldom has access to the classical books.
2. The Koran
The Koran mentions neither male nor female circumcision. An extensive interpretation of verse 2:124 shows some barely traceable indication of it:
When Abraham was put to the test by his Lord, through certain commandments, he carried them out. God then said: "I am appointing you a guide for the people".
One of the commands given to Abraham, as a test, was circumcision, as mentioned in some of the sayings of Mohammed. Abraham is a model for the Muslim faithful by virtue of verse 16:123:
Then we inspired you (Mohammed) to follow the religion (millat) of Abraham, a true believer...35.
It is relevant to note the rule of the Muslim law according to which norms that were revealed to the prophets prior to Mohammed are valid until unmistakably nullified. Thus the Bible, by a process of referral, becomes a source of law for the Muslims. One can read:
God told Abraham: "...Here is our alliance which shall be observed between me and you, i.e. thy race after thee, may all your males be circumcised. You shall have the flesh of your foreskin cut off and it shall be a sign of alliance between me and you...When they reach their 8th day all your males shall be circumcised from generation to generation... My alliance shall be branded in your flesh as a perpetual alliance. The uncircumcised, the male whose foreskin has not been cut off, this very life shall be cut off. He violated my alliance" 36.
Circumcision as a sign of alliance can only be found in two other passages of the Bible 37. Elsewhere, it is more narrative: King Saul demanded one hundred Philistine foreskins from David, before he gave his consent to David marrying his daughter Mikal: "David... thought it was a good deal in order to become the king's son in law... He went to war...He killed 200 Philistine men, brought back their foreskins, counted them in front of the king....So Saul... had to admit that Jehovah was on David's side" 38.
This interpretation of the Koranic verses with reference to the Bible is considered abusive by Imam Mahmud Shaltut (israf fil-istidlal) 39. What is more, this textual argument based on Jewish law concerns male circumcision only, not female circumcision that the Bible does not mention and that the Jews do not practice (Falachas excepted). Al-Sukkari answers that, according to Ibn Hagar, the Jews used to circumcise both sexes, which is why he rejects male and female circumcision on the 7th day, so as not to look like them. Even the authentic Bible - today's one is considered falsified - does not contain any text related to female circumcision. Nonetheless, the Muslims must practice it, if the Muslim law makes provision for it 40.
3. The Sunnah
We will try here to glean, from the works of contemporary Arab authors, the different sayings of Mohammed related to male and female circumcision.
- The most often mentioned narration reports a debate between Mohammed and Um Habibah (or Um 'Atiyyah). This woman, known as an exciser of female slaves, was one of a group of women who had immigrated with Mohammed. Having seen her, Mohammed asked her if she kept practicing her profession. She answered affirmatively adding: "unless it is forbidden and you order me to stop doing it". Mohammed replied: "Yes, it is allowed. Come closer so I can teach you: if you cut, do not overdo it (la tanhaki), because it brings more radiance to the face (ashraq) and it is more pleasant (ahza) for the husband". According to others, he said: "Cut slightly and do not overdo it (ashimmi wa-la tanhaki), because it is more pleasant (ahza) for the woman and better (ahab, from other sources abha) for the husband". We shall hereinafter refer to this narration as the exciser's narration.
- Mohammed said: "Circumcision is a sunnah for the men and makrumah for the women". The term sunnah here means that it is conform to the tradition of Mohammed himself, or simply a custom at the time of Mohammed. The term makrumah is far from clear but we can translate it into a honorable deed.
- Speaking to the Ansars' wives, Mohammed said: "Cut slightly without exaggeration (ikhtafidna wa-la tanhikna), because it is more pleasant (ahza) for your husbands".
- Someone came to Mohammed and became a convert before him. Mohammed told him: "Shave off your unbeliever's hair and be circumcised".
- Mohammed said: "Let him who becomes a Muslim be circumcised, even if he is old".
- One asked Mohammed if an uncircumcised man could go to pilgrimage. He answered: "Not as long as he is not circumcised".
- Mohammed said: "Five norms define fitrah: shaving of the pubis, circumcision, moustache trimming, armpit depilation and nail clipping". Other narrations name ten norms amongst which circumcision is always mentioned. The norms of fitrah are believed to be those taught by God to His creation. The man in pursuit of perfection must conform to those norms. They are not compulsory, but simply advisable (mandubah), except for circumcision which is mandatory. Based on these premises, Al-Sukkari believes Adam to have been the first circumcised man. His descendants having neglected their obligation, it was reconfirmed to Abraham and his descendants. Thus circumcision would be the sign which would differentiate the believer from the non-believer. Therefore, circumcision is the sign of Islam 41.
- Mohammed has stipulated: "If both circumcised parts (khitanan) meet or if they touch each other, it is necessary to wash before prayer". From this, it may be deduced that men and women were circumcised in Mohammed's time.
The Shiites add a narration by Imam Al-Sadiq stating: "Female circumcision is a makrumah, and is there anything better than a makrumah?" They cite Al-Sadiq as the reporter of the exciser's narration 42.
The supporters of circumcision themselves (male or female) acknowledge that those narrations attributed to Mohammed offer little credibility 43. Mahmud Shaltut states that they are neither clear nor authentic44. Sheikh Abbas, Rector of the Muslim Institute at the Mosque of Paris, is even more adamant:
If circumcision for the man (though not compulsory) has an aesthetic and hygienic purpose, there is no existing religious Islamic text of value to be considered in favour of female excision, as proven by the fact that this practice is totally non-existent in most of the Islamic countries. And if unfortunately some people keep practicing excision, to the great prejudice of women, it is probably due to customs practised prior to the conversion of these people to Islam 45.
4. Custom and silence of the law
Female circumcision having fragile foundations in the Koran and the Sunnah, Al-Sukkari tries to strengthen those foundations in calling upon custom, which constitutes a source of Muslim law. For him, female circumcision has become the norm in as much as it is general, it has been practiced for a long time and it is not contrary to any text of religious law.
He refers to the rule according to which what is not forbidden is allowed. Thus female circumcision, not being expressly forbidden, remains permitted46. Even if narrations related to female circumcision are not credible, none has shown up to forbid it or declare it blameworthy. One of the principles of Muslim law is that it is better to apply the norm that to give it up 47.
However, this author forgets that the Muslim law allows a custom based on ignorance to be abolished. In effect, the Koran states:
When they are told: "Come to what God has revealed and to the Messenger". they say: "Sufficient for us is what we found our parents doing". What if their parents lacked the knowledge? And the guidance? (5:104).
Indeed, he reverses the rule. Instead of supporting physical integrity, indirectly he speaks in favour of the principle of mutilation.
II. RELIGIOUS ARGUMENTS AGAINST CIRCUMCISION
1. God does not mutilate
This argument can be summed up as follows: Can we imagine a God who demands that his believers be mutilated and branded on their genitals the same as cattle? Doctor Nawal El-Saadawi, an Egyptian woman, herself excised, writes:
If religion comes from God, how can it order man to cut off an organ created by Him as long as that organ is not deceased or deformed? God does not create the organs of the body haphazardly without a plan. It is not possible that He should have created the clitoris in a woman's body only in order that it be cut off at an early stage in life. This is a contradiction into which neither true religion nor the Creator could possibly fall. If God has created the clitoris as a sexually sensitive organ, whose sole function seems to be the procurement of sexual pleasure for women, it follows that He also considers such pleasure for women as normal and legitimate, and therefore as an integral part of mental health 48.
It has very often been proclaimed that Islam is at the root of female circumcision, and is also responsible for the under-privileged and backward situation of women in Egypt and the Arab countries. Such a contention is not true... Religion, if authentic in the principles it stands for, aims at truth, equality, justice, love and a healthy wholesome life for all people, whether men or women. There can be no true religion that aims at disease, mutilation of the bodies of female children, and amputation of an essential part of their reproductive organs 49.
Renée Saurel goes over the argument again. She writes:
The Koran, contrary to Christianism and Judaism, permits and recommends that the woman be given physical and psychological pleasure, pleasure found by both partners during the act of love. Forcibly split, torn, and severed tissues are neither conducive to sensuality nor to the blessed feeling given and shared when participating in the quest for pleasure and the escape from pain 50
Both sources mentioned above refer to religion, Islam, Christianity and Judaism. Those abs tract notions contain the most conflicting components. It is better to refer to written sources than to abstract notions. It must also be pointed out that this argument is as valid against male cir cumcision as it is against female circumcision. However, both authors use it against female cir cumcision only.
2. Banning alteration of the human being
It is not difficult to find support for the above argument in the Koran itself. Indeed, verse 4:119 does not allow man to change God's creature:
[The devil said]: "I will mislead them, and I will create in them false desires; I will order them to slit the ears of cattles, and to deface the fair nature created by God".
This verse appears to condemn any change of God's creation. It is referred to by Islamists to oppose permanent birth control, be it by measures affecting the man or the woman 51. Oddly, male and female circumcision enthusiasts forget this verse completely. They also forget the following one: "He perfected everything He created" (32:7). Aziza Kamel, adversary of female circumcision, refers to this verse and adds: "Excision is a distortion of what God created because God is satisfied with His creation" 52.
3. Man knows best
Mohammed had told some farmers not to pollinate their date trees. That very year, the trees did not bear any dates. Having returned to Mohammed for explanations, they were told: "You know your worldly business better [than I do]".
The last passage of the narration was quoted by Sheikh Hassan Ahmed Abu-Sabib from Sudan in his presentation to the Seminar on Traditional Practices having consequences on the Health of Women and Children (affecting Women's and Children's Health) in Africa (Dakar, Feb. 6-10, 1984). Strengthened by this narration, he comes to the conclusion that female circumcision must be banned because medical science has proved it to be harmful. Then, he says, the Koran forbids man to harm himself by virtue of verse 2:195: "Do not throw yourselves with your own hands into disaster". Elsewhere, Mohammed said: "Who harms a believer, harms me and who harms me, harms God".
This Sudanese Sheikh did not pursue his reasoning to its end. In the narration about the date trees, Mohammed did not want to consider himself as infallible in botany and so admitted that the farmers knew more than he did on the subject in spite of his quality as a prophet. By analogy with female and male circumcision, this narration means that Mohammed indeed could not be infallible on the subject and could be contradicted by medical science. Our Sheikh does not go so far. He separates Mohammed's answer from the whole narration about the date trees and just states that Mohammed's narrations on female circumcision are not reliable, calling on the authority of his counterpart, Imam Shaltut. He concludes that the issue of male and female circumcision must be judged according to its disadvantages and advantages 53.
In spite of this minor inconsistency, his advice against female circumcision is the most explicit known to us on the part of a contemporary religious Muslim leader.
4. The Al-Mahdawi case
All of the aforementioned religious arguments are written solely and exclusively against female circumcision. Though they could very well be used against male circumcision, their authors never do so and not without purpose.
Indeed, the only Muslim author to have cast doubts on male circumcision has had legal action brought against him and might be sentenced to death for apostasy. I am speaking of (retired) Judge Mustafa Kamal Al-Mahdawi, a personal friend of mine, who is today under a ferocious attack lead by Libyan religious circles in the mosques as well in the press. The preacher of the Mosque of the Prophet, in Medina, Saudi Arabia, published in July 1992 a pamphlet handed out free of charge in Libya. In this pamphlet, he asks the Muslim Arab League and the Islamic Conference to set up a collective fatwa of all Muslim scholars against this judge and to execute him as an apostate if he does not retract. As for his book, the preacher asks that it be removed from the shelves, burned and forbidden to any reader. He blames the judge for having, among other things, denied that male circumcision is compulsory when there is unanimity in favour of it and when Mohammed was Himself circumcised 54.
In fact, this Libyan judge insists that male circumcision is a Jewish custom; the Jews believe that God would only see them if they had distinctive marks such as circumcision or blood stained doors. He refers here to God's command given to the Jews that the blood from sacrificed cattle be put on jambs and lintel of houses at the time of Passover because He intended to kill all firstborn in Egypt. God said to Moses and Aaron: "The blood shall be a sign on the houses where you live. Seeing this sign, I shall pass over those doorways and you shall escape the destructive calamity when I strike down the people of Egypt" 55. The Libyan judge adds that the Koran does not mention this "peculiar logic". For him, God does not devote Himself to such banter no more than He created the foreskin as a superfluous object destined only to be cut off56. He quotes verse 3:191 which states:
Our Lord, You did not create all this in vain! Glory be to You! So spare us the agony of hell 57.
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