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India: Lawyer argues that female genital mutilation “is an essential aspect of Islam”

Aug 1, 2018 6:02 pm By Robert Spencer

This is routinely denied in establishment media treatments of female genital mutilation, but actually FGM is mandated in Islamic law: “Circumcision is obligatory (for every male and female) (by cutting off the piece of skin on the glans of the penis of the male, but circumcision of the female is by cutting out the bazr ‘clitoris’ [this is called khufaadh ‘female circumcision’]).” — Umdat al-Salik e4.3, translated by Mark Durie, The Third Choice, p. 64

Why is it obligatory? Because Muhammad is held to have said so: “Abu al- Malih ibn Usama’s father relates that the Prophet said: ‘Circumcision is a law for men and a preservation of honour for women.’” — Ahmad Ibn Hanbal 5:75

“Narrated Umm Atiyyah al-Ansariyyah: A woman used to perform circumcision in Medina. The Prophet (peace be upon him) said to her: ‘Do not cut severely as that is better for a woman and more desirable for a husband.’” — Abu Dawud 41:5251

That hadith is classified as weak, but this one is classified as sahih (reliable): “Aishah narrated: ‘When the circumcised meets the circumcised, then indeed Ghusl is required. Myself and Allah’s Messenger did that, so we performed Ghusl.’” — Jami` at-Tirmidhi 108

If Muhammad had the genitals of his favorite wife, Aisha, mutilated, that is a strong endorsement of the practice from the man who is an “excellent example” (Qur’an 33:21) for Muslims.

“FGM essential part of Islam, can’t be subjected to judicial scrutiny, SC told,” by J Venkatesan, The Asian Age, July 31, 2018 (thanks to the Geller Report):

New Delhi: Senior counsel Abhishek Manu Singhvi, who appeared for Dawoodi Bohra community, justified in the Supreme Court on Tuesday the female genital mutilation (FGM) and called it an integral aspect of religious practice.

Making this submission before a three-judge bench comprising Chief Justice Dipak Misra and justices A M Khanwilkar and D Y Chandrachud hearing petitions from advocate Sunita Tihar and others challenging the practice of FGM, Dr Singhvi contended that it has the sanction of religious texts.

He said, “It is an essential aspect of Islam and cannot be subjected to judicial scrutiny. Quoting from religious texts, he demonstrated that this practice has been followed for centuries.

FGM or ‘khatna’ is a practice prevalent among the Dawoodi Bohra religious community of Shia sect though it is a crime and punishable offence. This practice is an age-old tradition in this community to mark the arrival of womanhood. The court had already orally expressed its disapproval to this practice.

The Centre had supported the petitioners stating that the FGM is a crime with a punishment of seven years of imprisonment “under the existing laws” and that the court can further clarify on the matter and issue guidelines. It also pointed out that the United Nations has deprecated this practice and FGM has been banned in the US, UK, Australia, Canada and 27 African countries and it should not be allowed to continue.

The petitioners have described the practice as “inhuman” and “violative” of girl’s rights under the Constitution’s Article 14 (Right to Equality) and Article 21 (Right to Life). They sought a direction to declare it illegal and unconstitutional, non-compoundable and a non-bailable offence….

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Filed Under: Featured, female genital mutilation, India Tagged With: Abhishek Manu Singhvi, Dawoodi Bohra


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Comments

  1. IanB says

    Aug 1, 2018 at 6:22 pm

    FGM is barbaric mutilation of women. That is all that needs to be said.

    • Mary says

      Aug 1, 2018 at 6:31 pm

      Agreed

      • mortimer says

        Aug 1, 2018 at 10:39 pm

        Dozens of aspects of Islam are *ILLEGAL* according to human rights codes.

        If Islam is so INCOMPATIBLE with SCIENCE and MODERNITY and HUMAN RIGHTS, then why be a Muslim?

        More than HALF of Islam CANNOT be practiced in the modern world.

        • Susan B says

          Aug 1, 2018 at 10:59 pm

          Great point Mortimer. So the question is why is islam allowed in the civilized world?

    • David butler says

      Aug 2, 2018 at 11:35 am

      It’s a 3rd world cultural tradition that belongs in the 3rd world. The only reason we’re talking about it now is because all these 3rd worlders are being allowed to immigrate to the west. FGM should be declared illegal through out the west and these assholes should go to prison if they do it here.

      • StellaSaidSo says

        Aug 2, 2018 at 11:44 am

        FGM is already illegal throughout the West. Making something illegal does not stop it from happening. Effective policing and serious consequences for offenders are essential if we are to reduce the incidence of this barbarism. Of course, not letting the savages enter our societies in the first place would have been the best solution.

        • gravenimage says

          Aug 2, 2018 at 9:40 pm

          Spot on, Stella.

    • J D S says

      Aug 2, 2018 at 9:40 pm

      There is plenty of stupidness in Islam to go around but this barbaric act really rings the bell.
      Every day I dee more and more reasons that Islam needs to be eradicated by passing laws against it…but Noooooooo Islam is a religion like Christianity…ugh.

  2. elee says

    Aug 1, 2018 at 6:49 pm

    Have any American jurisdictions actually investigated and prosecuted this crime? I heard about one prosecution in Michigan a while ago, maybe it was in a Federal court……??? Let’s get serious about some Islamic crimes we can actually prosecute. Women who are babies now may thank us in a few decades. They should not be outside our protection.

    • gravenimage says

      Aug 1, 2018 at 7:34 pm

      And a few years ago Jihad Watch poster CGW–who used to post here quite frequently–got a repulsive advocate for FGM fired from the Mayo Clinic:

      “Mayo Clinic fires doctor who said female genital mutilation is an “honor” for women”

      https://www.jihadwatch.org/2012/05/mayo-clinic-fires-doctor-who-said-female-genital-mutilation-is-an-honor-for-women

  3. PATRICIA FRANCES KOENIG says

    Aug 1, 2018 at 6:53 pm

    I am worried the US Supreme Court might rule that FMG is a right of religious freedom. The US Supreme Court is that stupid and that corrupt. And it is controlled by made up “rights.” This is more evidence that FMG is part and parcel of Islam…it is not just a regional thing.

    • gravenimage says

      Aug 1, 2018 at 7:38 pm

      I don’t think you have to worry about that–we have a pretty sane Supreme Court now.

      • Norger says

        Aug 2, 2018 at 1:01 am

        Yes. And I think that the Islamic advocacy groups (e.g. CAIR) are smart enough to know that it would not be a good look for Islam to try to advance this argument in the US courts. They are too busy arguing that FGM has nothing to do with Islam.

  4. Goutam says

    Aug 1, 2018 at 6:55 pm

    For those who don’t know a few inner details, Senior counsel Abhishek Manu Singhvi (representing the barbaric Islamic malpractice) is also a leader of the Indian National Congress party, which is the principal opposition and possibly the most egregious corrupt institution in the world.

    It is a cruel irony that the Congress was at the forefront of India’s freedom struggle during the British colonial era. Today it is headed by a semi-literate, ill mannered, fickle minded, 5th generation dynast called Rahul Gandhi who has shown remarkable consistency in ranking among the topmost idiots in the entire political class worldwide.

    Under the leadership of the idiocy personified Rahul Gandhi, the Congress party doesn’t fight to win elections anymore, it fights to survive, by hook or crook, for the next day. The latest attempt to defend the satanic practice of FGM is just another desperate step to preserve their Islamic hardliner vote bank.

    • Jaladhi says

      Aug 1, 2018 at 7:15 pm

      The Congress party politics in India is essentially is similar that of Democratic party politics here. Congress leaders are against Modi and Democratic party is against Trump!

    • sidney penny says

      Aug 1, 2018 at 8:05 pm

      The Congress Party in India wants to show their Muslim voters that we are fighting for Islam.

    • Hosamane Prabhakara says

      Aug 1, 2018 at 9:11 pm

      agreed

    • Rarely says

      Aug 1, 2018 at 9:36 pm

      Goutam.
      May I assume you didn’t vote Congress last election?
      P.S. Thanks for the info.

    • Chand says

      Aug 2, 2018 at 6:18 am

      “It is a cruel irony that the Congress was at the forefront of India’s freedom struggle during the British colonial era.”

      Yes, Goutam. And the Hindu ancestors of the ruling Hindu Party of today hardly played any role in the anti colonial struggles.

  5. gravenimage says

    Aug 1, 2018 at 7:12 pm

    India: Lawyer argues that female genital mutilation “is an essential aspect of Islam”
    ……………………..

    Appalling–but who can be surprised?

  6. Jaladhi says

    Aug 1, 2018 at 7:12 pm

    Next this stupid counsel will claim “murder is an essential part of Islam” – how dare you question their religious practices!

    • sidney penny says

      Aug 1, 2018 at 8:43 pm

      Not murder

      “violence is an essential part of Islam”

      • Susan B says

        Aug 1, 2018 at 9:03 pm

        Sidney, rape and murder are all essential parts of the death cult.

      • Coonie says

        Aug 2, 2018 at 8:20 pm

        Well said!!

  7. Japetto Danatelli says

    Aug 1, 2018 at 7:36 pm

    …female genital mutilation “is an essential aspect of Islam”

    True, but so is murder and terror and honor killings an essential part of islam, but that doesn’t make it good and moral. Death and money laundering are an “essential aspect” of the illegal drug trade, but that doesn’t justify drug addiction or the sale of such drugs.

    “It is an essential aspect of Islam and cannot be subjected to judicial scrutiny.

    This seems to be the prevailing attitude among muslims, that their laws and religion take precedence over everybody else’s. It’s this muslim arrogance backed up with the threat of violence that is at the root of all our problems with islam, I say. And we know where their imperiousness comes from, the teachings of the muslim religion and their cultural prejudices. Muslim activist Linda Sarsour said muslims in the U.S should not assimilate into American society, instead their top priority “is to please Allah and only Allah.” Frighteningly that makes perfect sense to muslims, that they should value the delusional ramblings of an illiterate goat-f*cking warlord as superior to the world’s greatest democracies and human rights. Well that’s bad for all of us because allah clearly wants “infidels” to be forcefully converted or put to death, as islam’s religious texts make clear. Dr. Singvhi’s defense is reportedly that FGM is sanctioned in their religious texts and has been “followed for centuries.” He must have been gesticulating wildly when he said that to compensate for his lack of good moral sense, his words are no defense of FGM. I don’t care whose religion says that sexually mutilating girls is acceptable or how long they’ve been doing it, it’s a human rights violation with potentially serious health risks including death. Muslims have also been murdering and discriminating for their religion, but no sane and moral person would say it’s okay merely because they’ve been doing it “for centuries.” Sexual mutilation of girls for any religion is wrong just as murder for religion is wrong. And the fact there are so many muslims that don’t understand this explains why our two cultures are so incompatible, and they always will be as long as muslims continue to live for bigoted and violent ideas born of 7th century ignorance.

    • James Lincoln says

      Aug 1, 2018 at 9:31 pm

      “Muslim arrogance backed up with the threat of violence”!

      Sounds a lot like the Mafia…

      • Rarely says

        Aug 1, 2018 at 9:39 pm

        Yup. Just like the Mafia — “you leave, you die”.

    • Rarely says

      Aug 1, 2018 at 9:45 pm

      Well stated Japetto.
      It is precisely those “essential parts of islam” that make it incompatible with civilization. The “unessential parts” we could probably overlook.

  8. David M says

    Aug 1, 2018 at 9:14 pm

    Could this guy please have a talk with English politicians like Theresa May & David Cameron about this matter? They seem to ignore matters like this about Islam.

  9. sidney penny says

    Aug 1, 2018 at 9:31 pm

    The same thing happened in India. The argument was, it does not matter what it says. It is a religious book and you cannot ban it even though what it says is against the law.

    http://voiceofdharma.org/books/tcqp/

    Read about this important legal case and the historical background including the history of jihad in India which Robert Spencer also covers in his new book.

    The purpose of the litigation was to show Muslims who use the law to ban books that the same can to them.
    http://indiafacts.org/revisiting-a-classic-the-calcutta-quran-petition-book-review/

    On 29 March 1985, one Chandmal Chopra filed a writ petition in the Calcutta High Court seeking a ban on the Quran under Sections 153A and 295A of the Indian Penal Code

    because it “incites violence, disturbs public tranquillity, promotes, on the ground of religion, feelings of enmity, hatred and ill-will between different religious communities, and insults other religions or religious beliefs of other religious communities of India.”

    The Calcutta High Court disallowed the petition, but the issues raised by it remain relevant, especially now when the need to understand the causes of terror in the name of Islam is greater than ever.

  10. D3F1ANT says

    Aug 1, 2018 at 11:21 pm

    LOL! I mean…they’re little more than animals.

    • Susan B says

      Aug 1, 2018 at 11:35 pm

      D3F1ANT actually less than animals. Animals are more humane that islam.

      • Susan B says

        Aug 1, 2018 at 11:36 pm

        Sorry than not that.

  11. Krishna says

    Aug 2, 2018 at 3:07 am

    The sick Bohra only constitute 1% of indian muslim population thank God most Indian Muslim don’t practice this barbarism

    • Susan B says

      Aug 2, 2018 at 5:01 am

      Krishna, if muslims practice any part of the koran they are breaking the law in most civilized countries. That is why islam needs to be banned.

  12. duh swami says

    Aug 2, 2018 at 5:05 am

    All Islamic practices deemed valid, are based on the assumption
    that Islam is a valid religion…but is it?
    Back up a step…do you believe that Gabriel actually appeared to Mohammad over a 22 year span?
    If you believe that, you will believe most anything, you really are a slave to Allah…

    • tlb says

      Aug 2, 2018 at 2:14 pm

      The real issue here is there is no Allah. He is only a made up character, given a name and the hope of some equal status with God. There is only one God and he is God. People talk about false gods. How can there be a false god when there is only one God.

      I believe history is clear there was a Mohammad and he can claim he saw a god, but not God. Just a man’s desire to deflect his own desire to try to raise him up, somehow.

  13. Indiana Tom says

    Aug 2, 2018 at 5:36 am

    FGM essential part of Islam, can’t be subjected to judicial scrutiny,
    You could not make this stuff up….and FemaNazis with Pink Pussyhats protest against the Muslims being oppressed. Wonder if Linda Sarsour underwent the treatment?

  14. OldFatBaldSociallyIneptRon says

    Aug 2, 2018 at 8:41 am

    Presumably the Quran is literally the word of god therefore not one word of it may be altered, changed or omitted, if we were created by that same god in the image and likeness of himself did god make an error in his original design that man feels obligated to correct? Why isn’t vandalism of gods “own image” as impermissible as changing his written word? Circumcision seems to be desecration of gods devine design.

  15. pemba says

    Aug 2, 2018 at 10:56 pm

    This lawyer must be from Bhora Community. – Narrow minded, Living in 8th century while existing in
    21st century. It is their religious leader who is misguiding whole community, The followers like all other Islamic/ Muslims victim of blind faith. This Spiritual Leaders of small Islamic sects known as IMAMS descendant of Prophet Mohammed are being considered as Allah, Followers are sure that their Imams have knowledge of what is going to happen in future. Some Immams have number as 12th,20th, 24th, 32nd 48th rtc, generation since Mohammed. Couple of Imams in 1947 bought to create Pakistan, after creation of Pakistan, followers of imams were banned or got killed in Pakistan. Imams reside in the West,

    • gravenimage says

      Aug 2, 2018 at 11:02 pm

      The lawyer’s name sounds Hindu. I think this is just the sort of disgusting defense of Muslim savagery you often find from dhimmis.

  16. IndianTiger says

    Aug 3, 2018 at 9:38 am

    So, FGM is part of islam? Looks like so is humping donkeys and goats. Several cases have come to light, perpetrated by pious islamists, the most recent being the gang rape of a pregnant goat by 8 muslims.

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