practice than a matter of Islamic teachings. the hadîth (sayings of prophet Mohammad pbuh) which refer to the practice are all weak. The presence of that practice in Egypt an Nubia up to this day is just a continuation of a practice that has been around since the time of the Pharaohs. It is often hard for people to give up deeply ingrained customs and cultural practiced. They continue to be passed down from generation to generation.
Another example of the tenacity of
custom is the practice among Indian Muslims where the woman pays a dowry to the husband. This is a pre- Islamic Indian custom that Islam declares false. Islam requires the husband to pay a dowry to the wife. Nevertheless, this custom persists among Muslims in both India and Pakistan, even though the history of Islam in India goes back for many long centuries.
Likewise, Islam put an end to many
pre-Islamic customs that marginalized women and denied them their rights. It put an end to people condemning each other’s lineages. It put an end to the practice of wailing at a person’s burial. Nonetheless, these practices can still be seen in some Muslim societies and are often regarded by the people of those societies to be part and parcel of Islamic Law.
The Shâfi`î school of law has been the
prevalent legal school in Egypt since its formative years. It may be that the scholars of the Shâfi`î school who promoted the view that female circumcision is obligatory had been influenced by the prevailing culture of the region.
There is no evidence that this practice
was widespread among the Pious Predecessors. Moreover, the practice has never been prevalent in the regions where Islam originated – Mecca and Madinah and the surrounding areas of Arabia. It is extremely rare. If female circumcision had truly been endorsed by Islamic Law, it would certainly have been practiced and perpetuated in those regions. Only male circumcision is practiced, due to the authentic evidence in the Sunnah that it is part of the natural way (fitrah).
We conclude that female circumcision is
merely a cultural practice that has no prescribed Islamic ruling for it and that is supported by no decisive ****ual evidence. It is simply a regional custom in the places where it is practiced. We must then take into consideration that many medical professionals consider it to have detrimental affects for the girls who undergo the operation. On that basis, it would be impermissible to allow this custom to continue. In Islamic Law, preservation of the person – the life and bodily soundness of the person – is a legal necessity. Anything that compromises this legal necessity by bringing harm to the person is unlawful.
Initiatives For Dialogue and Empowerment Through Alternative Legal Services, Inc. (IDEALS, INC.) vs. Power Sector Assets and Liabilities Management Corporation (PSALM) 682 SCRA 602