Since Pharaonic circumcision is closely related to personal and family matters, entailing great harm for both wife and husband, and since scholars all agree on the necessity of stopping excuses and measures that lead to corruption, I hope a law will be passed by which female circumcision, whether the Pharaonic form (infibulation) or any other form, is utterly banned. I also hope that this law will stipulate that it is for the judges of religious courts to review any case related to female circumcision, when somebody violates the ban, because it has a close relationship with the personal and family laws.
The public know well that a judge in a religious court passes his judgements according to Islamic law. Therefore, if such a judge is in charge of a sensitive issue like this one, people are more likely to accept the matter and to observe his rulings. But no, by your Lord, they do not truly believe unless they seek your arbitration in all their disputes, have no qualms about accepting your verdicts, and entirely submit (4:65).
Since Pharaonic circumcision is a major crime in Islamic law, it entails the payment of the full amount of blood money. Scholars say: "Full blood money is required when a woman’s labia are removed; otherwise, a verdict". This means that if the labia are not completely removed, and only part of them is cut off, a verdict imposing the punishment he finds most appropriate should be passed by a judge, according to his discretion, so that it may serve as a deterrent against this savage practice.
When a judge has determined that what was performed is indeed infibulation, he should order the person who performed it to be arrested and placed in prison if he wishes, until she pays the full amount of blood money to the victim. This woman is the one responsible, having not been forced to perform the savage act. Scholars are unanimous in the view that the clansmen do not have to pay collectively the blood money for an intentional act, and that the criminal alone should be made to pay.
The judge should then invite the parents to appear before him and to discipline them as he deems proper, for the hadith quoted in Al-Bukhari’s and Muslim’s authentic anthologies regards them as accomplices of the woman who commits the crime.
This woman should also pay, in addition to the blood money, compensation for the defect of atresia, that is narrowness of vagina, that she has caused to the girl. This is one of the four defects which, scholars agree, give a husband the right to reject a marriage even if he consummates it, when he has not been informed of it beforehand.
All of us should take a vow that we will never allow female circumcision to be performed on our daughters, since it is not something ordained by God and, from the point of view of Islamic law, there is nothing to prevent it being abandoned. In addition to observing Islamic law, let us help in promoting better awareness among people through all legitimate media, such as radio and television. Let speakers at mosques advise parents and explain to them how Islam views Pharaonic circumcision, pointing out that it is an abomination and a cardinal sin, entailing the payment of full blood money. Let them make it clear that a person who performs it is damned and that such a person, as well as those who order it and who know of it and do not speak up, is required to repent his crimes. Let people fear God in dealing with their little daughters. Muslim people continue to be safe as long as they recommend good deeds to each other and discourage each other from abominable acts. I hope many wise people, who listen to things that are said and follow the best, will respond to this invitation. God guides whomever He wishes to the right path.