By Omar Bah
The Gambia Supreme Islamic Council (SIC) Fatwa and Moon Sighting Committee has issued a fatwa to all Gambian Muslims defending the legality of female circumcision. A fatwa is a legal opinion, decree or ruling issued by an Islamic jurist or jurists.
The SIC committee’s fatwa came as a curious coalition of Islamic clerics and parliamentarians are leading a spirited charge to get the practice of female genital mutilation decriminalised in The Gambia.
A fortnight ago, SIC issued a statement recommending that the National Assembly repeal the law banning the practice of female genital mutilation in The Gambia.
The latest statement from the council’s fatwa committee shared with The Standard reads: “The committee would like to clarify that female circumcision is not just a merely inherited custom as falsely claimed by those who are not conversant with the Islamic law. Rather, it is one of the virtues of Islam, and among the sunnah practices approved by the Messenger of Allah, peace and blessings be upon him, who said, ‘Five practices are characteristics of the Fitra’, of which he mentioned circumcision.”
The committee said the legitimacy of female circumcision has been proven in several authentic ahadith of Prophet Muhammad.
“Therefore, Muslim jurists agreed on its legality. Some jurists have even argued that female circumcision is obligatory, whereas others have considered it a recommended act of Sunnah. However, it was not reported by any of the reliable Muslim scholars denying the legality of female circumcision in the manner prescribed by the Messenger of Allah, peace be upon him, because the noble Shari’ah does not acknowledge anything at all that causes harm to people, be it health or physical, for it’s free from that!
“The committee wishes to point out that the legal form of female circumcision in Islam is the cutting off of only a tiny upper part of the clitoris without removing it or touching any part of the labia, which is contrary to what is known as ‘female genital mutilation’ and does not entail the removal of the genital organ, or what is known as Pharaonic circumcision. Muslim jurists have agreed that this type (FGM) is illegal in Islam because of the harm it inflicts on women,” it added.
The committee calls on the government to reconsider the law prohibiting female circumcision, which stipulates the arrest or prosecution of anyone who practices it, “given that we are Muslims and the most precious thing we have in this life is our true religion.”
“The committee issued this fatwa to clarify to the people the position of the Shari’ah of Allah in female circumcision and acquits itself regarding this matter before Allah on the Day of Resurrection. In the same vein, the committee also strongly condemns entities and individuals who denounce the practice of female circumcision and call on the authorities to arrest or prosecute anyone who practices it,” the statement signed by the committee chairman, Dr Mbye Kebba Kah, concluded.
