U.S. Muslim Jurists Association Sanctions FGM

ACT for America sent an email highlighting an Andrew Bostom post about the recognized problem of female genital mutilation. The same problem that the Council on American-Islamic Relations (CAIR) has been using Legal Jihad (aka Lawfare) methods to prevent the Honor Diaries to be shown on College Campuses across the American nation AND even has exerted its Legal Jihad muscles to prevent one of the producers (Ayaan Hirsi Ali) of the Honor Diaries from receiving an honorary degree from Brandeis University and prevent from speaking at the same University’s graduation commencement.

VIDEO: Honor Diaries Trailer

JRH 4/16/14

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U.S. Muslim Jurists Association Sanctions FGM

Sent by ACT for America

Sent: 4/15/2014 8:20 AM

Mainstream U.S. Muslim Jurists Association Sanctions Female Genital Mutilation

According to the World Health Organization, more than 125 million girls and women alive today have been subjected to Female Genital Mutilation (FGM).

The African Women’s Health Center of the Brigham and Women’s Hospital, report that approximately 228,000 women and girls in the U.S. have either suffered the procedure or are at risk of having it done to them. Many of these young girls are subjected to FGM when they vacation in a country that sanctions the practice. In other cases, circumcisers are brought into the U.S. – even though FGM is illegal in this country.

ACT! for America has been working diligently at the state level to see legislation passed so that no girl ever suffers the horrors of FGM – either on U.S. soil or elsewhere.

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Mainstream U.S. Muslim Jurists Association Sanctions Female Genital Mutilation

By Andrew Bostom

http://www.andrewbostom.org/blog/2014/04/10/mainstream-u-s-muslim-jurists-association-sanctions-female-genital-mutilation/

The Assembly of Muslim Jurists of America’s (AMJA ^[1]’s) mission statement maintains the organization was,

…founded to provide guidance for Muslims living in North America…AMJA is a religious organization that does not exploit religion to achieve any political ends, but instead provides practical solutions within the guidelines of Islam and the nation’s laws to the various challenges experienced by Muslim communities…

A report in The Muslim Observer ^[2] published October 21, 2010 highlighting AMJA’s “seventh annual American conference of imams,” confirmed that the organization is accepted ^[2] as such by the mainstream American Muslim community. AMJA and its “training” conference for American imams were described ^[2] in these banal terms:

The organization AMJA (Assembly of Muslim Jurists of America) has a list of scholars associated with it which stretches from Al-Azhar University to Virginia’s Open University, and back across the ocean to the professors at Saudi universities. Its website, amjaonline.com, provides fatawa on many issues and promises 24-hour access to scholars who can give legal opinions on the issues people face. AMJA focuses on providing fatwas to Americans, and believes it is able to provide culturally appropriate fatwas although many of their scholars are not American–because they have some American scholars and because of the technological ties that bind AMJA’s American scholars with those abroad. AMJA just had, in Houston, its seventh annual American conference of imams, and two local Michigan imams attended, namely Imam Musa of Bloomfield’s Muslim Unity Center, and Imam Ali of MCWS. Mr. Sadiqul Hassan of AMJA explained that “the event was the 7th annual imam workshop…” Mr. Hassan said that AMJA is “a fiqh council basically,” with “scholars who live abroad and inside the US; we have experts in different fields to educate about life in the US–fatawa are based on life in the US.”

AMJA rulings also support the practice of female genital mutilation (FGM), which the United Nations has called ^[3] “a dangerous and potentially life-threatening procedure that causes unspeakable pain and suffering.” Fatwa #1639 ^[4] from Dr. Hatem al-Haj justified the horrific practice, by citing the canonical hadith ^[5] in which Islam’s prophet Muhammad endorsed its practice, stating:

[…] Some extremists from the west and their devout followers in the Muslim world like to brand all circumcision as female genital mutilation (FGM). For those, we say, why is male circumcision not MGM? Male circumcision is widely practiced in the west. Yet it would be considered by the Chinese MGM (Male Genital Mutilation).

The benefits of male circumcision are beginning to be more recognized in the medical societies, even though still contested by a few. Fifty years ago, no one knew that male circumcision has medical benefits. The same could be true with female circumcision. They may figure out the benefits of the practice in fifty or five hundred years. […]

Al-Haj then went on to implicitly sanction ^[4] the practice of taking a Muslim female outside of her American milieu to have the procedure performed—in violation of the US “TRANSPORT FOR FEMALE GENITAL MUTILATION ^[6]” act.

The question is not to ban female circumcision because of the position of certain nations, but How do we regulate it as Muslims? What should we -western Muslims- do? For Muslims who live in the west, since it is not mandatory and it is at the same time illegal in the west, and would bring about harm to the people who practice it, I wouldn't advise having it done, as long as you are a resident/citizen of the west. We however should never doubt anything in our religion because of the bad publicity the media creates about it.

A concordant fatwa ^[7] issued in Arabic (translation by Al-Mutarjim ^[8]) on the website ^[9] of the Secretary-General of AMJA and the chief member of its Resident Fatwa Committee, Dr. Salah Al-Sawy, declares that FGM is “an honor” for women, Al-Sawy also acknowledges that the procedure—in accord with a continuum of Islamic rationale ^[5] from al-Jahiz in the mid-9^th century, to former Muslim Papal equivalent, i.e., Al-Azhar University Grand Imam Jad al-Haq through 1996—is explicitly implemented to reduce a woman’s otherwise unbridled “concupiscence,” i.e., lust:

But for the woman, the purpose [of circumcision] is the benefit that it has in lessening her lust, which is a wholesome request. There is no harm in removing it. In short, female circumcision is an honor (which) does not rise to the level of a duty, in clear language. Stated another way, it is neither forbidden nor required.

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AMJA Senior Committee Member: Female Genital Mutilation Is 'an Honor' per Islam

So you think some of the honor junk is a regional cultural problem and not a product of Islam? Check out this translated post from the Google Group Translating Jihad. The Assembly of Muslim Jurists of America (AMJA) is not exactly your Moderate Islamic organization yet is billed as a prominent Islamic Cleric organization for dispensing Islamic theology.

JRH 5/1/12

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[Translating Jihad] AMJA Senior Committee Member: Female Genital Mutilation Is 'an Honor' per Islam

Posted by Translating Jihad

4/27/2012 06:48:00 AM

A couple of weeks ago I posted a translation of a paper by Association of Muslim Jurists of America (AMJA) senior committee member Dr. Hatem al-Haj, PhD, MD, in which he warned American Muslims against working in law enforcement in our 'infidel' nation (see here for more details). Now in my latest translation, Dr. al-Haj explains why female circumcision is recommended and even 'an honor' for women. This is the same practice which is popularly known as female genital mutilation (FGM) due to the pain it causes women. The World Health Organization (WHO) asserts that "the procedure has no health benefits for women," and causes a range of health problems including "severe bleeding and problems urinating, and later cysts, infections, infertility as well as complications in childbirth."

Yet Dr. al-Haj, a medical doctor and fellow at the American Academy of Pediatrics, ignores FGM's detrimental effects on women's health, and instead argues that it is 'an honor' for women. He justifies this position by referring repeatedly to the words of classical Islamic scholars from the four schools of mainstream Sunni Islamic thought, all of which attest to FGM's legitimacy under Islam. He also refers to the words of the Prophet Muhammad himself, who reportedly counselled people in his day on how to perform FGM in a way that would be "more beautiful to behold and better for [the woman's] husband."

Thanks again to the Center for Security Policy for their assistance and expertise on AMJA.

Below is my excerpted translation of the 41-page Arabic-language paper by Dr. Hatem al-Haj entitled "Circumcision of Girls: Jurisprudence and Medicine" (see the original here and here):

The ruling on circumcision: Scholars have differed on the ruling on circumcision. They have agreed on its legitimacy for both sexes, but beyond that they have differed. Some--most famously the Shafi’ites--believe that it is obligatory for both sexes. Some believe it is obligatory for men only, and some believe it is recommended for both. At the very least it can be said that for women it is an honor, and for men it is sunnah [i.e. it is in accord with the tradition of Muhammad].

There are many hadiths on circumcision, some of which will be presented here along with the commentary of some scholars:

From Abi-Hurayra, who attributed it to the Prophet: “Five (acts of) al-fitrah [Islamic law or way of nature] are circumcision, shaving pubic hair, plucking armpit hair, trimming fingernails, and clipping the mustache.” Also from Abi-Hurayra: “The Messenger of Allah said, ‘Abraham was circumcised when he was 80 years old’.”’ Allah said: “So We have taught thee the inspired (Message), Follow the ways of Abraham the True in Faith” [Qur’an 16:123]. Also recorded in a hadith is the saying of (Muhammad) to a man who converted to Islam: “Remove your infidel hair and be circumcised.”

Muhammad also said regarding circumcision: “If you touch the two circumcisions, you must wash.” Here is evidence that women were circumcised, and therefore any of the hadiths on circumcision which do not specify men or women, can be assumed to apply to both.

From Sa’id bin Jabir: “Ibn ‘Abbas was asked, “How old were you when the Prophet (PBUH) died?" He replied, "At that time I had been circumcised. People (in those days) did not circumcise men until they reached puberty.” From the hadith of Umm ‘Atiyah--who used to circumcise girls--the Messenger of Allah said to her, “Reduce it, but do not remove too much, because it is more beautiful to behold and better for her husband.” This is the most explicit evidence in the hadiths of Muhammad for female circumcision being legitimate and even recommended. From Ibn ‘Abbas, attributing it to the Prophet: “Circumcision is sunnah for men and an honor for women.” This was narrated by al-Bayhaqi, and its attribution is weak.

Ibn al-Mundhir narrated from Abi-Barza: “We asked the Messenger of Allah (PBUH) about an uncircumcised man making pilgrimage to the Ka’aba. He replied, ‘No, not until he’s circumcised’.” This was considered a weak hadith by Ibn al-Mundhir and others.

There’s no doubt that among these hadiths there are those which are sound but do not explicitly command or urge women to become circumcised. There are also those which are met with disagreement by scholars, and these hadiths are more explicit in confirming the legitimacy of female circumcision. But the hadiths on the laws of al-fitrah which mention circumcision--and these are sound--do not mean that it is done on men only and not women. It is certain that circumcision includes both men and women, as is clearly stated in the hadith about touching the two circumcisions.

Below are words from scholars on the ruling on circumcision:

The Hanafis: Al-Zayla’i said: “The general ruling is that circumcision is sunnah, and is one of the trademarks of Islam. In fact, if the people of Egypt or some land decided to abandon its practice, the Imam would make war against them, for it cannot be abandoned except by necessity... Female circumcision is not sunnah, but it is an honor for men because it is more pleasing during sex” [ellipses in original].

The Malikites: From al-Kharshi’s brief summary of Khalil: “Its ruling (i.e. circumcision) is that it is sunnah for men, and it cuts off the foreskin. It is recommended for women, and is called khifad [reduction].”

The Shafi’ites: From [Asna al-Mutalib]: “Circumcision is obligatory (at puberty). The reasoning for this is the saying of the Almighty: “So We have taught thee the inspired (Message), Follow the ways of Abraham the True in Faith” [Qur’an 16:123]. In Abraham’s religion, circumcision was present. Also in the two Sahihs: “He was circumcised when he was eighty years old.” In Sahih Ibn Hibban, and in al-Hakim it was said 120 years, and it was also said 70 years. Also it was narrated by Abu-Dawud: “(The Prophet) (PBUH) ordered a man who converted to Islam to be circumcised.” They said that since he cut off a member which could not be replaced, it had to be obligatory like cutting off the hand. Since the man was injured during the process, he feared it. If it were not obligatory for him, then it would not have been permissible. This is unlike the circumcision of little boys, crazy people, and those who cannot endure it, because the first are too young to be required to do anything, and the last are harmed by it.” Al-Nawawi said in al-Majmu’: “Circumcision is obligatory for our men and women. This was stated by many of the salaf, as al-Khatabi relates. Ahmad was one of those who said it was obligatory. Malik and Abu-Hanifa said that it was sunnah for everyone. This was related by al-Rafi’i. He also related that (circumcision) is obligatory for men and sunnah for women. These were the two approaches of Shadhan, and of the sound and famous school of thought which was penned by al-Shafi’i, in which the multitude of scholars declared that circumcision is obligatory for men and women.”

The Hanbalis: From Ibn Muflih’s Furu’ [body of rules and regulations for man’s behavior]: “(According to Ahmad), circumcision is obligatory on all but women, for whom it is recommended. Our Shaykh said, ‘It is obligatory because cleanliness and prayer are obligatory’.” Ibn Qudama said: “Circumcision is a duty for men, and for women it is an honor, but it is not obligatory. This has been stated by many scholars.” Ahmad said: “The man is more difficult, because if the man is not circumcised, then the skin dangles over the [penis] and cannot be cleaned. But the woman is easier.”

The al-Mawsu’a al-Fiqhia (“The Encyclopedia of Jurisprudence”) summarizes scholars’ opinions on circumcision as follows:

“The ruling on circumcision: Scholars differ on circumcision as follows: First, the Hanafis and Malikites--and very rarely the Shafi’ites--hold to the opinion of what Ahmad said, that circumcision is sunnah for men but not a duty. It is one of the acts of al-fitrah, and one of the rituals of Islam. If the people of a particular land decided together to abandon its practice, the Imam would make war against them, just like if they abandoned the call to prayer. This also represents what the Malikites think about circumcision of women. Hanafis and Hanbalis consider female circumcision to be an honor and not sunnah. It is said by some Hanafis that it is also sunnah for [women], and some say that it is recommended. … Second, the Shafi’ites and Hanbalis, as is also stated by Sahnoun from the Malikites, believe that circumcision is a duty for both men and women. … Third, this is written by Ibn Qudama in al-Mughni, that circumcision is a duty for men, and for women it is an honor but not a duty” [ellipses in original].

Assessment

It appears that for male circumcision the most correct view is that it is obligatory, owing to the saying of Muhammad to the man who converted to Islam: “Remove your infidel hair and be circumcised.” This was obligatory--there was no alternative.

Regarding women, perhaps the most correct view is that it is recommended, however there is consensus that it is (at least) legitimate. Muhammad also endorsed it, as was narrated in the hadith of Umm ‘Atiyah, who used to circumcise girls. He said to her: “Reduce it, but do not remove too much, because it is more beautiful to behold and better for her husband.” He also said, “If you touch the two circumcisions, you must wash.” This shows that female circumcision was prevalent during his day, and he did not repudiate it. Nor did he stipulate anything else regarding female circumcision.

Perhaps the saying that it is (only) recommended is due to the pain women must go through to carry out the acts of al-fitrah, such as circumcision, as stated in the sound hadith. But as we mentioned, this is not evidence of it being confined only to men. The term circumcision was used for both men and women during Muhammad’s time. But it is clear that performing circumcision must be preferable to not performing it, especially when one considers that circumcision includes both pain and revealing one’s nakedness. Thus if there was no benefit to it, the Messenger of Allah would not have agreed to it. However there is still no evidence for making it obligatory. The fact that the Messenger of Allah agreed to it despite the pain and discovering one’s nakedness is not evidence for making it obligatory. Instead, this is evidence for preferring the action over not doing it, as we stated. (Muhammad’s) command to Umm ‘Atiyah is not a command to all women to (be circumcised), but rather he was regulating its practice. He was not telling her not to do it, he was telling her not to go too far and injure the women.

His command to the man who converted to Islam does not apply to women. Even though the principle is that “women are men’s sisters”, and women are often included when addressing men and vice versa, that only applies when there is no reason to differentiate between them. Here the issue is different for men and women. The man’s foreskin could trap urine at the end of it and affect his cleanliness. The issue is not the same for women. Therefore it is appropriate for this to be stressed more for men, and this is apparent in the words of scholars and the works of the ummah.

I have summed up the words of Muhammad and of scholars to show that circumcision is legitimate, and that the principal issue in the study is the limits of circumcision.

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