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Fundamentals
What is a fatwa?
Fatwa Al Azhar
Fatwa Sheikh Al-Qaradawi
Appeal Sheikh Al-Qaradawi
Fatwa Sheikh Al-Buti
The fatwas against female genital mutilation - TARGET's greatest success
TARGET's 2006 Cairo Scholars Conference ended with landmark result
At the "International Conference of Islamic Scholars against Female Genital Mutilation" organized by TARGET on 22 and 23 November 2006 the highest international Islamic scholars and medical scientists discussed the sensitive issue of female genital mutilation and Islam's position on the practice at the Azhar in Cairo. Among the scholars were the Grand Sheikh of Azhar - Prof. Dr. Tantawi, the Grand Mufti of Egypt - Prof. Dr. Ali Gom'a, the Egyptian Minister of Religious Affairs - Prof. Dr. Zakzouk and Sheikh Qaradawi from Qatar as well as Islamic scholars from Europe, Asia and Africa. Other participants included Ms. Moushira Chattab, the envoy of President Mubarak's wife, as well as Rüdiger Nehberg and Annette Weber for TARGET as initiators of the conference. Grand Mufti Prof. Dr. Ali Gom'a, the highest authority on Islamic legal issues in Egypt, was the patron of the event. The sensational result: "Female genital mutilation violates the highest values of Islam and is therefore a punishable crime." In other words:
Genital mutilation of girls and women is forbidden in Islam!
The Grand Mufti suggested the location and participants. They could not have been better chosen. The Azhar is regarded as the "Mecca of scholars". It is both the oldest and largest university in the world. The Grand Mufti is the highest authority for issuing binding legal opinions. His rulings are regarded as trend-setting for Muslims worldwide. At the two-day conference, the main focus was on clarifying the question: "Is there a binding command from the Prophet in the Holy Scriptures to mutilate girls?" The scholars answered this question. There is a Hadith (tradition of what the Prophet said, did or tolerated - written down after his death), from which a Sunnah (exemplary behavior based on the Prophet) has been derived. According to it, the "light" circumcision of women was a desirable practice. The hadiths are divided into strong, i.e. absolutely credible, less strong and weak (i.e. less reliably transmitted) scriptures.
The discussion was surprisingly open. The theologians soon agreed that the hadith in question should be classified as "weak", i.e. not very credible. The question remained as to whether the "slight" mutilation should actually be assessed as bodily harm. It is generally trivialized and compared to male circumcision. "In case of doubt," the Koran commands, "ask the scientists!" That is why five doctors were invited, experts from Egypt, Ethiopia and Germany. Prof. Dr. Kentenich from the DRK hospital spoke from Berlin. The patron Prof. Dr. Ali Gom'a and Sheikh Qaradawi from Qatar attached particular importance to the doctors' assessments. For many Muslims, the man from the Gulf state is regarded as the "Changing Reference Book of Islam".
TARGET's breakthrough: Islam outlaws female genital mutilation!
Dr. Lukman, a gynaecologist and surgeon from Addis Ababa, compared the removal of the clitoris to the cutting off of a man's glans and Pharaonic mutilation to the chopping off of the entire penis. Prof. Kentenich from Berlin listed the unspeakable side effects of mutilation. There was talk of lifelong pain and trauma, death from bleeding to death and shock. The Egyptian doctors spoke of the robbery of the female emotional center, the soul and dignity of the woman. TARGET showed a two-minute film that provides acoustic and visual evidence of the horror of the crime. There has never been a comparably open discussion of this theological dimension.
Imam Tarafa Baghajati from Austria clearly explained the right of Muslim women to unrestricted sexuality. "Even more than the man, because she has to bear the consequences, namely pregnancy." Moushira Khatab called for "a clear statement from Azhar" and spoke from the heart. After two days of discussions, the delegates retired for consultation. For Rüdiger and Annette Nehberg from TARGET, this was an almost unbearable wait. On November 23 at 4:12 p.m. local time, Prof. Dr. Muhammad Shama, confidant of the Grand Mufti, announced the decision. It has the value of a fatwa, a binding legal opinion, and is tantamount to a theological sensation.
Excerpts:
"Female circumcision is an inherited bad habit (...) with no basis in the Quran or an authentic tradition of the Prophet. (...) Therefore, the practice must be stopped in accordance with one of the highest values of Islam, namely not to harm people without reason. (...) Rather, this is considered a punishable aggression against the human race. (...) devastating consequences for society. (...) Legislative bodies are called upon to declare this cruel bad habit a crime."
Prof. Dr. Ali Gom'a, Grand Mufti of Egypt
This outlaws mutilation in Islam! We can hardly believe the scale of this conference result. Now we have to take the decision to the people. Even more than the Azhar Conference, for which we introduced the 36-hour day, this will be our mission for the next few years and until the end of female genital mutilation. We are ready!
Delegate comments after the conference:
Sheikh Abkar from Chad:
"I am not ashamed to admit that I was unaware of the extent of the crime. I will oppose the custom with everything I have. TARGET has found its strongest ally in me. The conference was a 200% success."
Imam Diallo from Mali reports that he was even removed from his position as Grand Mufti when he dared to speak out against this tradition a few years ago. He had to be placed under police protection for two weeks. "Help me to announce this decision in my country. I invite the religious leaders from all twenty West African countries to attend."
Surgeon Dr. Lukman from Ethiopia:
"The success of this conference has given my life the highest fulfillment."
Prof. Dr. Kentenich from Berlin:
"How did you manage to organize this conference? I am very impressed and happy to have been part of it."
What is a fatwa
?
A fatwa is the Arabic term for a religious opinion issued by a mufti (religious scholar) to clarify religious-legal issues that are not clearly regulated by the sharia (Islamic law). Any Muslim can ask for such an expert opinion (nowadays also via the internet) if they are looking for an answer to questions about their faith. Those seeking advice trust that the answers are in line with the content of the Quran, Islamic tradition or Sharia law.
The degree of influence of a fatwa is based on the personal authority of the author, which means that - unlike in Sharia - the legal opinion represented in the fatwa is only binding for those who recognize this authority. Thus, the fatwas of Al-Azhar are particularly respected by the Sunnites. In countries with Islamic law, fatwas are usually discussed and approved by the national scholars before publication. They are often hardly contradictory to Sharia law and have the status of a law. If two fatwas contradict each other, a compromise is usually reached between the muftis in order to form a legally effective fatwa.
A fatwa usually consists of two parts:
- Statement of the facts, with the basic question of the person seeking advice .
- Answer from the mufti, which may consist of an agreement or disagreement. For more complex questions, the answer is justified by the mufti by referring to supporting sources. A mere discussion or statement is not sufficient.
Fatwa Al Azhar
24.11.2006
Prof. Dr. Ali Gom'a
In the name of Allah the Merciful, the All-Merciful The International Conference of Scholars regarding the Prohibition of Abuse of the Female Body was held on the 1st and 2nd of Dhul-Qi'da 1427 after the Hijdra, corresponding to November 22 and 23, 2006, in the conference premises of Al-Azhar University. A number of research papers were presented. After listening to scholars and Islamic scholars as well as experts and activists from civil society organizations from Egypt, Europe and Africa, the following recommendations are announced:
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Allah has endowed man with dignity. In the Quran, Allah says: "We have dignified the children of Adam". Therefore, any harm inflicted on people is forbidden by Allah, regardless of social status and gender.
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Female circumcision is an inherited custom that is practiced in some societies and has been imitated by some Muslims in several countries. This has no textual basis in the Quran or an authentic tradition of the Prophet.
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Female circumcision practiced today causes physical and psychological harm to women. Therefore, these practices must be stopped, in line with one of the highest values of Islam, namely not to harm people - in accordance with the saying of the Prophet Mohammad, peace and blessings of Allah be upon him: "Do no harm and do no harm to others". Rather, this is considered punishable aggression.
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The conference appeals to Muslims to stop this bad habit in accordance with the teachings of Islam, which forbid harming people in any way.
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The conference participants also call on international and regional institutions and bodies to focus their efforts on educating and informing the population. This applies in particular to the basic hygienic and medical rules that must be observed with regard to women so that this bad habit is no longer practised.
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The conference reminds educational institutions and the media that they have an absolute duty to raise awareness of the harms of this vice and its devastating consequences for society in order to contribute to its elimination.
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The Conference calls on the legislative bodies to pass a law prohibiting the practitioners of this harmful custom of female circumcision and declaring it a crime, regardless of whether the practitioners are perpetrators or initiators.
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Furthermore, the conference calls on international institutions and organizations to provide assistance in all regions where this vice is practiced in order to contribute to its elimination.
Signature:
Prof. Dr. Ali Gom'a
Grand Mufti of Egypt
24.11.2006
Read the fatwa in the original:
Fatwa Sheikh Al-Qaradawi
02.03.2009 (5th Rabi al-awwal 1430)
Prof. Dr. Yusuf Al-Qaradawi
Some brothers and sisters who are concerned with the issue of female circumcision in the Islamic world have asked me to prepare a summarized fatwa to clarify our theological position. Below is the fatwa and may success have stood by our side.
Praise be to Allah, peace and blessings be upon his Prophet, his companions and those who follow him.
All theological opinions in Islam are subject to the four sources of law mentioned by the scholars: Qur'an, Sunnah, consensus and analogy. The majority of scholars in the Islamic world community have agreed on the application of these main sources of law. These sources are followed by others such as considerations, the common good and others.
When looking at these sources regarding female circumcision, one does not find a single passage that prescribes or recommends female circumcision. All that the scholars have found is that this act is an authorized custom determined by tradition or general utility. Therefore, we found that some Islamic countries practice female circumcision, while many Islamic countries do not circumcise their girls, with no objection from the jurists there.
In most Islamic countries, circumcision is left to uneducated women who do not meet the minimum medical requirements and who do not follow the necessary instructions. This has caused considerable harm.
There is no doubt that we have found no reference to prescribing or recommending female circumcision in the legal sources of Quran, Sunnah, consensus and analogy. Nor have we found any evidence in the sources that prohibits circumcision or declares it abhorrent. Scholars say that circumcision is either obligatory, recommended or a respected custom. This is an indication that there is general agreement on its permissibility.
In Islamic jurisprudence, however, it is known that permissible actions can be prohibited in whole or in part if it is proven that harm or mischief will result from them. Allah has permitted people what makes their lives easier and eases their circumstances. Allah says: "Allah will grant you ease. Man is weak by nature" (Sura 4, verse 28).
Islamic teachings stipulate that even permitted actions can be prohibited or even forbidden if they cause harm or mischief. Here the decision lies with the experts and specialists.
Since the professional investigation by neutral experts and specialists, who do not follow their own interests or the desires of others, has proven that female circumcision in its existing forms causes physical and psychological harm to women and severely affects the marital life of women, it is obligatory to stop this act in order to end causes of harm and damage. Thus, it is right to contradict our predecessor scholars, as their times could not provide the information and estimates that we have now. It is true that a fatwa changes with the change of time, place and circumstances. If the scholars before us had known what we know today, they would have changed their position, they always followed the law.
Based on the above explanation, we hold that the female circumcision now practiced without any justifiable reason is an unlawful, even Islamically forbidden act. It is to be considered a "modification of Allah's creation", which is a work of the devil forbidden by Allah. There is no permission from God in this regard.
Those who wish to delve deeper into this topic can read our detailed fatwas in the book (Contemporary Fatwas, Volume 4).
The humble servant of Allah,
Gez. Youssef al-Qaradawi
Read the fatwa in the original:
Appeal Sheikh Al-Qaradawi
10.04.2012
Prof. Dr. Yusuf Al-Qaradawi
In the name of Allah, the Gracious and Merciful!
All praise is due to Allah, the Lord of the Worlds. May Allah's blessings and peace be upon Our Lord, the Prophet who was sent only out of mercy for all the worlds, to recite His verses to people, to purify them and to teach them the Scripture and wisdom, even though they were previously in manifest error.
I warmly welcome all Muslims around the world and anyone who is interested in learning about Islamic jurisprudence, observing it and practicing it so that one can experience joy in this world and in the Hereafter. In this way, man satisfies his God, himself and those around him. Moreover, these people will be rewarded in this life and in the hereafter.
From here, I would like to point out to my brothers and sisters around the world an important thing that people have become accustomed to practicing. It is female circumcision.
I would like to explain one thing to my brothers and sisters. We have no textual basis - neither in the Quran nor in the authentic Sunnah is there any obligation to perform female circumcision, neither the analogy, the consensus, the for betterment (Istihsan), the general interest (Maslaha Mursala) nor the customary law (Urf) contain statements that these practices are obligatory or desirable for the Muslim woman.
We have found that this tradition is not practiced in many Islamic countries. For example, this situation does not exist in the Arab Gulf countries where we live, as an example I mention Saudi Arabia, the country where Islam was born and where the Quran was revealed. This is where the Prophet (blessings and peace be upon him) proclaimed the message of Islam. This includes neighboring countries such as Qatar, Kuwait, United Emirates, Oman, etc. As in these countries, female circumcision is not practiced in Maghreb countries such as Libya, Tunisia, Algeria and Morocco. Likewise, the custom does not exist in many countries of the Eastern Mediterranean.
If female circumcision were religiously obligatory in these countries, the scholars would have fought against the loss of this practice. Normally we would have seen fights and clashes because the Sunnah of the Prophet (blessings and peace upon him) is not followed. We have not witnessed fights over female circumcision in the Gulf, Maghreb and Eastern Mediterranean countries. There has never been a call for women to circumcise their daughters. No one has called that abandoning this tradition is an impermissible addition that contradicts Islam. We are confident that Muslims will refuse to practice this tradition.
We know that in many countries this act is performed in a primitive manner. The consequences are dramatic and painful for the girls. Among other things, the excision of female genitalia deprives women of their right to have a satisfying and complete sex life. In this context, husbands use Islamically illicit things such as drugs, etc.
We believe that Islam has brought to people only that which makes them happy in this world and the hereafter. simplicity is the key to happiness in life. Allah said: (Allah wants to make it easy for you, He does not want to make it difficult for you) (Sura 2, verse 185)
(Allah wants to lighten your burden, for man is created weak.) (Sura 4, verse 28)
The Prophet (blessings and peace upon him) said: "You have been sent to make things easier not more difficult"
This is what the Qur'an and Sunnah proclaim. And exactly what the followers of the Prophet (blessings and peace upon him) said. Likewise, the Companions, followers of the Prophet who experienced him, confirmed the same statements. The same opinion was held by the followers of the Companions, who did not experience him themselves, but at least one Companion did. The content of the aforementioned Quranic verses and hadiths are of great importance for the Islamic world community and for all Muslims.
We appeal to all Muslims all over the world, in Africa, Asia, Europe, America and Australia, who still believe in this ancient tradition and often falsely justify it with religion. We tell them that religion does not want female circumcision. Religion will never hold on to things that harm people. Religion pays special attention to actions that are beneficial to people. Religion will never allow suffering and evil for boys and girls, neither for families nor for societies.
We appeal to all Muslims everywhere to choose the path of guidance, the path that all scholars, reformers and righteous people around the world have advocated.
I attended the International Scholars Conference in Cairo. Among the participants were high-ranking scholars, the Grand Mufti of Azhar and the Egyptian Minister of Religion. I have also participated in several conferences in different countries in this regard. All the participating scholars are calling on Muslims to abolish female circumcision, which has no benefits and causes suffering and harm. This custom is a restrictive act for parents and for their daughters, both in their lives and in their faith.
We appeal to all Muslims around the world, fear Allah and do not have your little daughters circumcised. Little girls cannot yet decide for themselves. Their parents, their brothers, their sisters and their relatives control them in carrying out an act that is the work of the devil. Satan makes people perform these medical operations, causing suffering and evil. People change the creation of Allah according to Satan's command. (...) I will command them, and they will change Allah's creation) (Surah 4 verse 119). Allah has not commanded people to change creation.
I appeal to my Muslim brothers and sisters, to my Muslim daughters, to reason and to all those who believe in Allah and in His Messenger, who grasp the message of the Qur'an and Sunnah, who understand Islamic knowledge and culture: Please be merciful to your daughters.
This tradition has no meaning and is not necessary. Those who do not do it will do good for themselves, for the girl, for their faith and for the world community.
May God guide the community the right path to goodness. May Allah's blessings and peace be upon Our Lord, the Prophet sent. Blessings and peace be upon all His family and companions.
Assalmu Aleikum Warahmatu Allah
Prof. Dr. Yusuf Al-Qaradawi
Fatwa Sheikh Al-Buti
February 2011
Sheikh Prof. Dr. Muhammad Said Ramadan Al-Buti
How is female circumcision judged in Islamic law?
Legally binding rulings in Islamic law are made either on the basis of the Qur'an, the authentic Sunnah of the Prophet Muhammad; peace be upon him and God grant him salvation; or according to the consensus of the honorable, righteous ancestors. As for female circumcision, there is no evidence for this practice in the Qur'an, the Sunnah, or the consensus of the Prophet's companions or their successors to suggest that it is obligatory or desirable.
The Prophet's saying (hadith) "Five things belong to the natural disposition of man [...]", in which circumcision is mentioned, refers to male circumcision. The proof of this lies in the fact that the Prophet did not call for the circumcision of any of his daughters. Moreover, this act had not spread among the Prophet's companions and their successors, nor had it become established as a custom among them. If the practice of female circumcision were obligatory or desirable, the Prophet (peace be upon him and God grant him salvation) would have set an example for us and commanded us to have our daughters circumcised. Thus, female circumcision was a custom in the Arabian Peninsula that existed at the time the Prophet (peace be upon him and God bless him) was sent. The Prophet did not comment on this custom. Therefore, it can be stated that an Islamic judgment in this case is based on a certain necessity or a certain harm. However, medical specialists have already agreed that circumcision of the female genitalia, in contrast to circumcision of the male member, has no benefit whatsoever. Rather, it causes dangerous harm to the woman and violates her natural right to a sexually satisfying and fulfilling married life in an immense way.
Prof. Dr. Muhammad Said Ramadan Al-Buti