Lead Author: JABEEN Ansari Zartab
Co-Author(s): AHMAD Nehal, SIDDIQUI Lubna J.
Published by: Legal Transformation in Muslim Societies
Year published: 2025
This article offers a comprehensive, jurisprudentially grounded analysis of Female Genital Mutilation (FGM), challenging its perceived religious legitimacy and advocating for its eradication through culturally sensitive, rights-based frameworks. Drawing on classical Islamic legal sources, empirical data from Gambia, and comparative legal case studies across multiple jurisdictions, the article demonstrates that FGM lacks authoritative sanction in Islamic law and instead reflects entrenched cultural practices erroneously attributed religious significance. The article critically examines the medicalisation of FGM, its historical evolution, and its persistence across diverse religious and ethnic communities. It juxtaposes global human rights instruments, particularly UN resolutions, with Islamic ethical principles such as harm prevention (la darar), public interest (maslaha), and bodily integrity (ḥifẓ al-nafs), revealing a convergence that supports the abolition of FGM. Through doctrinal analysis, statistical testing, and jurisprudential review, the article argues that effective eradication of FGM requires not only legal prohibition but also theological clarity, community engagement, and the mobilisation of religious leadership to dismantle myths and foster normative transformation.
