1 See Fath al-bari (The creator’s inspiration), X, 340 and 349; XI, 88 (published by Al-Salafiyah Press in Egypt). Also see No. 257 in the Chapter on Qualities of Sound Nature, the Book on Purification, Muslim’s anthology of authentic hadith.
2 See Muslim’s anthology of authentic hadith, the Istanbul Edition, I, 187; Ibn Majah, No 608; Al-Albani, Al-Tirmithi’s Sahih, I, items 94 & 95. The reference of the Prophet to the "two circumcision organs" does not, as some people claim, stand as evidence that female circumcision is obligatory, because it is an Arabic usage of the dual form of one of two words, denoting two items to refer to both of them, for example, "the two fathers", referring to the father and mother; "the two moons", referring to the sun and moon; "the two Marwahs", referring to the two hills of As-Safa and Al-Marwah. Arabic linguists sometimes call such a usage "dual case extension". It follows no set rule and it is determined by common usage. (See Al-Ghalayini, A comprehensive collection of Arabic lessons, II, 9.) Some linguists accept the usage of such dual forms by analogy when the context gives a clear meaning with no ambiguity. (See Abbas Hassan, Comprehensive grammar, I, 74.)
3 D.H. Spach, et al., Journal of the American Medical Association, 267 (1992), pp. 679-81; Linda Cook, et al., American journal of public health, 84 (1994), pp. 197-201; J.L. Mark, Science, 245 (1989), pp. 470–71; S. Moses, et al., International journal of epidemiology, 19 (1990), pp. 693–97.
4 See Fath al-Bari, VI, 388, and Muslim’s anthology of authentic hadith, IV, item 2370.
5 See Ahmad’s anthology of hadith, III, 415; Abu Dawood’s Sunan, I, 148 item 356; Ibn Adi, Al-kamel, I, 223. As-sunan al-kubra, I, 172. The hadith is quoted after Abd al-Razzak, who says, "Ibn Juraij told us that he had been told by Uthaim Ibn Kulaib, quoting his father, who in turn quotes his own father that he went to the Prophet and said, "I have become a Muslim".
Kulaib’s father says the Prophet answered with the above-quoted words. The hadith is extremely lacking in authenticity on account of the fact that the one who reported it to Ibn Juraij and both Uthaim and his father are unknown. Ibn Hajar in A summary of Al-Habir, IV, 82, says the hadith is also cited by "Al-Tabarani, Ibn Adi and Al-Baihaqi, all quoting Ibn Juraij as saying: ‘Uthaim was quoted to me as saying…’. According to Ibn al-Qattan, there is a gap in the narration, and both Uthaim and his father are unknown. Abdan, however, says: "He is Uthaim ibn Kathir ibn Kulaib. Kulaib is a Companion of the Prophet, and Uthaim is identified by his grandfather in citing the source of the hadith"."
Ibn Adi quotes this hadith in the biographical sketch for Ibrahim ibn Muhammad ibn Abu Yahya al-Aslami. Ibn Adi quotes Malik ibn Anas as saying, "Ibrahim ibn Abu Yahya is a liar, and it is he who quotes Ibn Juraij. Al-Albani rates the hadith as fair, because it has two different sources. See Irwaa al-ghalil, I, 120, item 79; Abu Dawood’s authentic sunan, I, 72 item 343; and Al-jamie al-saghir of authentic hadith, 1251. It is God who knows best.
7 He is referring here to God’s statement in the Quran, 2:124, "When his Lord tried Abraham by His commandments, which he fulfilled ". See Al-Sayooti, Al-durr al-manthoor, I, 111 ff.
9 The hadith, with this particular chain of transmission, is lacking in authenticity, as there is a gap between Ulai ibn Rabah, who died after the year 110 AH, and the Prophet. His son Musa is described by hadith scholar Ibn Hajar in Al-taqrib, 552, as a person who "tells the truth, but occasionally he may be mistaken". The hadith is listed by Al-Baihaqi in The major sunan, VIII, 326, and Ibn al-Qayyem in Tuhfat al-mawdood, 155.
Ibn Hajar’s comments are in Fath al-bari, X, 342. In volume VI, 390, he mentions that this story was documented by Abu Yala.
10 Fath al-bari, X, 342. Ibn Hajar mentions in volume VI, 390, that this story was related by Abu Yala.
11 Fath al-bari, X, 342. Ibn Hajar mentions in volume VI, 390, that this story was related by Abu Yala.
14 It seems that both views are attributed to the Imam Malik, but his school of thought holds that it is a confirmed sunna, as maintained by Ibn Jazzi in Al-qawanin al-fiqhiya, p. 129, where he says: "As for male circumcision, it is a confirmed sunna in the opinion of Malik and Abu Hanifa, the same as the other qualities of sound human nature, with which it is mentioned. Scholars agree that these are not obligatory".
15 And that is what the Hanafi school of thought call an obligation.
19 Ibn Abdin, Al-hashiya, V, 478. Also see Tuhfat al-mawdood, where Ibn Al-Qayyem mentions more than once in the section he devotes to the question of circumcision, that it is one of Islam’s rituals (see pp. 165, 166, 168, 171, 174, & 177). He quotes many scholars on the point.
21 Ibn Hajar says in Al-talkhis, IV, 83, that: "It is related by Al-Hakim and Al-Baihaqi on Aisha’s authority, and also by Al-Baihaqi on Jaber’s authority quoting the Prophet".
I add here: Al-Baihaqi also relates it in As-sunan al-kubra, VIII, 324, with a chain of transmission including Muhammad ibn al-Mukandar, Zuhair ibn Muhammad al-Makki, and Al-Walid ibn Muslim who quotes Jaber saying, "God’s Messenger e sacrificed sheep at the birth of Hassan and Hussein and had them circumcised when they were seven days old". Of Zuhair ibn Muhammad al-Makki, Abu Hatem says that he tells the truth but has a somewhat bad
memory. Because of this bad memory, the hadith he quoted in Syria are worse than those in Iraq. When he related from memory, he made mistakes, but when he quoted from what he had written, that was good. He died in 162 AH. See Al-Mazzi, Al-tahthib, IX, 417.
27 Abu Dawood’s sunan, item 5271, IV, 497.
28 As quoted by Abu Dawood, in the above citation, has the following chain of transmission: Sulaiman ibn Abd al-Rahman al-Dimashqi and Abd al-Wahab Ibn Abd al-Rahim al-Ashja’i, both quoting Marwan ibn Muawiyah, after Muhammad ibn Hassaan al-Kufi, after Abd al-Malik ibn Umair, after Umm Attia herself.
• Al-Baihaqi, in Al-sunan al-kubra, VIII, 324, relates it quoting Hisham ibn Ammar, after Marwan, after Muhammad ibn Hassaan, after Abd al-Malik ibn Umair, after Umm Attia, as, "He ordered a woman performing female circumcision, saying, ‘When you perform circumcision, do not overstrain’." This citation involves Muhammad ibn Hassaan, whom Abu Dawood describes as unknown and comments that the hadith is poor in authenticity.
• Ibn Hajar in Al-talkhis, IV, 83, says, "Both Ibn Adi, VI, 2223, and Al-Baihaqi, VIII, 324, follow Abu Dawood in saying that the man is unknown. Abd al-Ghani ibn Said has a different opinion; he says, "He is the crucified Muhammad ibn Said." It is mentioned in Al-taqrib: "He is the crucified Muhammad ibn Said ibn Hassaan ibn Qais al-Asadi of the Shafie school of thought. Sometimes he is mentioned after his grandfather. It is said that his name is given a hundred forms to disguise him, and he is regarded as a liar. Ahmad ibn Saleh says that this man ‘has fabricated four thousand hadith’. Ahmad adds: ‘Al-Mansour sentenced him to death as an atheist and had him crucified’."
• Al-Hakim, II, 525, relates it as transmitted by Ubaidellah ibn Amr, after Zaid ibn Abu Anisa, after Abd al-Malik ibn Umair, after Al-Dhahhak ibn Qais, as: "There was a woman in Medina called Umm Attia, who practised female circumcision, and the Prophet told her…". In regards to Abd al-Malik ibn Umair, there are two different versions, one of which is the above which attributes the text of the hadith as quoted from him directly. The other version has him quoting Attia al-Qurathi, who is supposed to have said, "There was a woman in Medina…".
• Al-Baihaqi, VIII, 324, relates it quoting Ubaidellah ibn Amr as saying, "A man from Kufa mentioned to me that Abd al-Malik ibn Umair quoted Al-Dhahhak ibn Qais as saying, ‘There was a woman called Umm Attia". This hadith is poor in authenticity, since the man from Kufa is unidentified.
Yahya ibn Ma’in says: "This is not the same Al-Dhahhak ibn Qais as Al-Fihri". He does not identify the man. Al-Dhahhak ibn Qais al-Fihri is a well-known prince called Abu Anis. He was a young Companion of the Prophet and was killed in the battle of Marj Rahet in the year 64 AH.
In Al-talkhis, IV, 83, Ibn Hajar says, "There are question marks concerning Abd al-Malik ibn Umair."
• It is also cited as item 122 in Al-Tabarani’s Al-jamie as-saghir, who quotes Muhammad ibn Sallam al-Jumahi, after Zaida ibn Abu al-Raqqad, after Thabet, after Anas. It is also related by Al-Baihaqi, VIII, 324, quoting Muhammad ibn Sallam, after Zaida, after Thabet, after Anas who quotes it as a statement by the Prophet.
Ibn Adi, III, 1083, says: "Thabit is quoted here by Zaida ibn Abu al-Raqqad, and I am not aware of anybody else quoting the same." But this Zaida is ‘weak’. It is mentioned in Al-mizan, II, 65, "Zaida ibn Abu al-Raqqad is weak. Al-Bukhari describes the hadith he reports as highly suspect. He is from Basra and quotes Thabit and others".
• Al-Bazzar relates (item 1227, I, 669, in Mukhtassar zawaid musnad al-bazzar by Ibn Hajar) a similar hadith with a chain of transmission that includes Mandal ibn Ali after Abu Juraij, after Ismail ibn Umayya, and Nafie who quotes Abdullah ibn Omar as saying, "A group of women of al-ansar (the original inhabitants of Medina who supported the Prophet) came to the Prophet, and he said to them: Ansar women, apply henna profusely, be circumcised, but do not overstrain. (This way) it is more pleasant for your husbands, Beware of ingratitude to those who are kindly". Mandal is weak.
This shows that the hadith is lacking in authenticity. Its various transmitters are all weak, which makes it even poorer evidence. The truth, however, is known to God alone.
29 A summary of Al-Habir, IV, 83.
30 Al-mughni ‘an haml al-asfaar, I, 148. In my own opinion, the hadith that says, "Circumcision is a sunna for men and a sign of respect for women", is poor in authenticity. It is attributed to four of the Companions of the Prophet:
– It is quoted on the authority of Usama ibn Umair al-Huthali, Abu al-Malih’s father:
• Al-musnad, V, 75, "Abdullah says, my father told me that he learnt from Suraij after Abbad, after Al-Hajjaj, after Abu al-Malih ibn Usama who reports his father quoting the Prophet as saying, "Circumcision is a sunna for men and a sign of respect for women". Al-Hajjaj ibn Artaa, however, often confuses his authorities, and hadith narrated by him cannot be
admitted as evidence. He was a judge with a suspect reputation, and he was too haughty for a scholar. Al-mizan, I, 458–460.
• It is also related by Al-Baihaqi in Al-sunan al-kubra, VIII, 324–25, with a chain of transmission including Al-Hajjaj, who quotes Abu al-Malih ibn Usama as quoting his father. Al-Baihaqi says: "Al-Hajjaj is not trusted".
– It is also quoted after Abu Ayyoub:
• It is related by Al-Baihaqi, VIII, 324, with a chain of transmission including Al-Hajjaj, who quotes Makhoul, after Abu Ayyoub who quotes the Prophet as saying the same words. Ibn Hajar, in Al-talkhis, IV, 82, says that Al-Hajjaj ibn Artaa "is not consistent. Once he reports it this way, in another version he adds Shaddad ibn Aws after Abu al-Malih’s father, and in a third version, related by Ahmad, he quotes Makhoul after Abu Ayyoub. Abu Hatem lists it in Al-ilal, a book devoted to explaining weaknesses in hadith reporting. He quotes his father as saying that there is a mistake on the part of Al-Hajjaj or on the part of the man quoting him, Abd al-Wahed ibn Ziad. Al-Baihaqi says, ‘It is lacking in authenticity, with a gap in its transmission’.
– It is also quoted after Shaddad ibn Aws:
• It is related by Ibn Abu Shaiba in Al-musannaf, IX, 58, as item 6519, with a chain of transmission that includes "Al-Hajjaj, after a man, after Abu al-Malih, after Shaddad ibn Aws, who quotes the Prophet". It is poor in authenticity as the chain includes Al-Hajjaj who, as has been mentioned, confuses his authorities, and because of the gap represented by the unidentified reporter.
• It is also related by Al-Tabarani in Al-kabir, VII, 273–74, items 7112 and 7113, with two chains of transmission. The first includes Muhammad ibn Fudhail, Al-Hajjaj, Abu Mulaih, his father, and Shaddad ibn Aws, who quotes the Prophet. The second quotes Hafs ibn Ghiyath, instead of Muhammad ibn Fudhail, but the rest is the same.
– The hadith is also attributed to Ibn Abbas:
• Al-Baihaqi cites it in Al-sunan al-kubra, VIII, 324–25, with a chain of transmission including Al-Walid ibn al-Walid who quotes Ibn Thuban, after Muhammad ibn Ajlan, after Ikrimah, after Ibn Abbas, who quotes the Prophet. Al-Baihaqi says, "This is a weak chain of transmission, and the text is not a direct quotation of the Prophet". My own comment is that even this indirect quotation is also poor in authenticity. In addition, there is a controversy over Al-Walid ibn al-Walid, and while Abu Hatem describes him as honest, Al-Daraqutni and others say his reports should be abandoned. The hadith is also listed as attributed to Ibn Abbas, with a chain of transmission that includes Said ibn Bashir, quoting Qatadah, after Jaber ibn Zaid, after Ibn Abbas. Said ibn Bashir is judged as weak. In Al-kabir, XII, 182, item 12828, Al-Tabarni relates this hadith, where it is also attributed to Said ibn Bashir. Another version is also related in Al-kabir, XI, 359, item 12009, and attributed to Abd al-Ghafour, quoting Abu Hashem, after Ikrimah, after Ibn Abbas. Abd al-Ghafour is accused of inventing hadith. See Al-mizan, II, 641, and Ibn Hibban, Al-majruhoun, II, 148. This shows that the hadith is poor in authenticity, and its various versions, which are all poor, make it even more markedly lacking in this respect. The truth, however, is known to God alone.
31 See Rawdhat al-talibin, X, 180
33 Ibid. My old and close friend, Dr Muhammad Haytham al-Khayyat makes the following comment:
In anatomy, this fold of skin is called the prepuce of the clitoris. If it is the target of cutting, and overstraining is forbidden, then cutting off even the slightest part of the clitoris itself is included in the prohibition and a person who performs it commits a sin. It is obvious that cutting does not mean removal, for, as Al-Mawardi accurately says, even the small fold of skin itself is not to be removed; only a part of it may be cut off. Consider what Al-Nawawi says: "It is cutting off its lowest part of the fold of skin". I wonder what plastic surgeon can perform this?
35 See Amin Dawood, Infibulation as viewed by medicine and by Islamic law. Dr Dawood gave me a copy of his treatise when I recently went to Sudan as a visiting professor at Omdurman Islamic University. Because it is a valuable paper, I have appended it to this treatise of mine. I take the opportunity to thank him and pray God to reward him.
36 Dr Khayyat says: These health hazards are real, particularly since AIDS started to spread. Studies have established that it is more common among females who have been subjected to infibulation for two reasons. One is the employment of unsterilized instruments, and the second is that violence has to be resorted to in order for a man to have sexual intercourse with a woman who has been infibulated. As a consequence she may bleed and, whether the bleeding is light or heavy, it is a factor in transmitting the infection.
37 This is quoted from Sayyidati magazine.
38 Ibn Majah’s Sunan, II, 784, item 2340; Malik’s Al-muwatta, II, 745; Al-Baihaqi’s Al-sunan al-kubra, XI, 69; Al-Hakim, Al-mustadrak, II, 28: Al-Daraqutni’s Sunan, IX, 227; Mujamma al-zawaed, IX, 110.
39 See Sheikh Ahmad al-Zarqa, Sharh al-qawa’id al-fiqhiya, p. 113.
40 This is how Ibn Hajar phrases the point in Fath al-bari, X, 340. But in Al-madkhal, the phrasing is a little different. It says:
There is a controversy concerning women, whether circumcision is to be applied in general or a distinction should be made between peoples of the east and the west. People of the east are ordered to have it performed because at birth they have the extra fold of skin, while those of the west are not because it does not exist in their case. This is justified by the example of a boy who is naturally circumcised. The two cases are similar (III, 310–11).
41 This would be a surgical operation, like any other that is performed in the case of an oversized organ. It is a question for physicians to decide.