Note: While extensive jurisprudential discussions and analyses regarding male circumcision have been conducted and its dimensions explored in jurisprudential texts, female circumcision has rarely been addressed with serious jurisprudential scrutiny. Perhaps the modesty and decorum expected of girls have also influenced discussions of this jurisprudential ruling. This has resulted in diverse opinions within the Islamic world regarding female circumcision; in some Islamic countries, this practice is prohibited, while in others, it continues to be observed as a commendable tradition. Dr. Sayyedeh Maryam Borqei, head of the Research Institute of Jurisprudence and Legal Foundations at the Islamic Studies Research Institute of Jami‘at al-Zahra, examines the jurisprudential dimensions of female circumcision and the relevant narrations in this exclusive article.

Attention to issues concerning women and family in the Islamic world paves the way for discussing subsidiary matters such as female circumcision. Despite differences among jurisprudential schools regarding male circumcision, the ruling on female circumcision in Imami jurisprudence has been subject to varying interpretations due to differences in the wording of narrations. The affirmation of the tradition of male circumcision and its negation for females in many narrations, alongside the attribution of honor (makrama) to it in some narrations, calls for deeper reflection on the meaning of the terminology: “Circumcision is an obligatory tradition for men and an honor for women.” [1]

Some scholars, such as the author of Hada’iq, have interpreted the term “tradition” (sunnah) as indicating recommendation, thus favoring the recommendation of circumcision even for men. [2] Others, contrary to later scholars, do not view “tradition” as opposed to obligation and have referred to the practical conduct of the Prophet Muhammad (peace be upon him), whether obligatory or recommended, as a tradition. [3] The author of Jawahir, however, has interpreted the term “tradition” in these narrations as meaning recommendation, as opposed to obligation. [4]

Based on the narrations, particularly those explicitly stating the non-obligatory nature of female circumcision, the initial distinction between men and women in circumcision (its non-obligation for women) is established. The prevalent scholarly opinion and the principle of exemption (bara’ah) further support the view that it is not obligatory. In narrations that reach the level of widespread transmission, a distinction is made between the ruling on circumcision for men and women, [5] and some narrations indicate that the questioner assumed prohibition, to which the Prophet (peace be upon him) clarified its permissibility, providing only certain guidelines regarding its manner. Some narrations even suggest that accepting an invitation to a feast or male circumcision is recommended, but accepting an invitation for “khafd al-jawari” (female circumcision) is not recommended:

Muhammad ibn Ya‘qub, from Ali ibn Ibrahim, from his father, from al-Nawfali, from al-Sakuni, from Abu Abdillah (peace be upon him), who said: “Accept invitations for feasts and male circumcision, but do not accept invitations for the circumcision of women.” [6]

Ruling on Circumcision Based on the Term “Makrama” in Narrations

It is first necessary to note that the evidence for the obligation to preserve life and honor does not distinguish between oneself and others. While the obligation to preserve life and prevent harm and humiliation is evident, honoring individuals is inherently recommended, and facilitating its conditions is desirable. This is supported not only by reason but also by the disposition of the Lawgiver. Therefore, ruling that female circumcision is recommended is not without basis.

Social Transformations and Emphasis on Customs and Traditions

Since some subjects of rulings are derived from Sharia and others are left to custom, social transformations, scientific advancements, and various other factors cause changes in subjects, making it incumbent upon the jurist to discern the Lawgiver’s intent regarding the relationship between the ruling and the subject from primary evidence and to apply the fixed elements to new ones. Changes in rulings due to changes in subjects can occur in several ways: sometimes the absence of a condition changes the ruling; in other cases, changes in customs and traditions affect the ruling. On the other hand, many issues, such as organ transplantation and artificial insemination, are purely emerging matters that did not exist at the time of the Sharia. What is certain is that female circumcision existed at the time the narrations were issued.

Changes in the human body over time do not lead to a change in rulings, and even if significant changes are acknowledged, changes in women’s bodies do not alter rulings such as circumcision, ritual purification after menstruation, and so forth. This is because men’s bodies today also differ from those of men 1400 years ago, yet the ruling on male circumcision has not changed. In other words, if natural changes in beings were considered a cause for changing rulings, nearly all rulings would require revision, leading to the dissolution of Islamic Sharia and the emergence of a new religion. However, it is well-established that “what Muhammad declared lawful remains lawful until the Day of Judgment, and what he declared forbidden remains forbidden until the Day of Judgment.” [7] Therefore, the presumption of continuity applies to the previous ruling of the recommendation of female circumcision, and unless there is certainty of a change in the subject, the ruling remains.

[1] Amili, Hurr, Muhammad ibn Hasan, Wasa’il al-Shi‘a, 30 vols., vol. 21, p. 437.

[2] Bahrani, Al-Usfur, Yusuf ibn Ahmad ibn Ibrahim, Al-Hada’iq al-Nadirah fi Ahkam al-‘Itra al-Tahirah, vol. 25, p. 54.

[3] Zanjani, Sayyid Musa Shubayri, Kitab Nikah (Zanjani), vol. 25, p. 7885.

[4] Najafi, Sahib al-Jawahir, Muhammad Hasan, Jawahir al-Kalam fi Sharh Shara’i‘ al-Islam, vol. 31, p. 261.

[5] Chapter on Female Circumcision. Kulayni, Abu Ja‘far, Muhammad ibn Ya‘qub, Al-Kafi (Islamic Edition), vol. 6, pp. 37-38; Chapter on the Obligation of Male Circumcision and the Non-Obligation of Female Circumcision, Amili, Hurr, Muhammad ibn Hasan, Wasa’il al-Shi‘a, vol. 21, pp. 440-443.

[6] Amili, Hurr, Muhammad ibn Hasan, Wasa’il al-Shi‘a, vol. 24, p. 271.

[7] Amili, Hurr, Muhammad ibn Hasan, Wasa’il al-Shi‘a, vol. 30, p. 196.