To Mutilate in the Name of Jehovah or Allah

Legitimization of Male and Female Circumcision

by Sami A. ALDEEB ABU-SAHLIEH

    1. INTRODUCTION
    2. CHAPTER I. DEFINITIONS AND DISTINCTIONS
      1. I. TERMINOLOGY
      2. II. MALE AND FEMALE CIRCUMCISION
      3. III. PRACTICE OF MALE AND FEMALE CIRCUMCISION
    3. CHAPTER II. RELIGIOUS ARGUMENTS
      1. I. RELIGIOUS ARGUMENTS IN FAVOUR OF CIRCUMCISION
        1. 1. The sources of Muslim law
        2. 2. The Koran
        3. 3. The Sunnah
        4. 4. Custom and silence of the law
      2. II. RELIGIOUS ARGUMENTS AGAINST CIRCUMCISION
        1. 1. God does not mutilate
        2. 2. Banning alteration of the human being
        3. 3. Man knows best
        4. 4. The Al-Mahdawi case
      3. III. QUALIFICATION OF CIRCUMCISION IN MUSLIM LAW
        1. 1. Mandatory for boys and girls
        2. 2. Sunnah for both sexes
        3. 3. Compulsory for the boys, sunnah or makrumah for the girls
        4. 4. Motives for the difference between boy and girl
        5. 5. Consequences of the qualification
      4. IV. MODALITY OF CIRCUMCISION ACCORDING TO MUSLIM LAW
        1. 1. Male circumcision
        2. 2. Female circumcision
        3. 3. Circumcision of the hermaphrodite
        4. 4. Age for male and female circumcision
    4. CHAPTER III. REASON IN AID OF RELIGION
      1. I. MALE CIRCUMCISION
        1. 1. Advantages of male circumcision
        2. 2. Disadvantages of male circumcision
      2. II. FEMALE CIRCUMCISION
        1. 1. Advantages of female circumcision in compliance with the sunnah
          1. A) It maintains cleanliness
          2. B) It prevents diseases
          3. C) It brings calm and gives radiance to the face
          4. D) It keeps the couple together and prevents drug use
          5. E) It prevents her falling into what is forbidden
        2. 2. Disastrous consequences of any kind of female circumcision
          1. A) Physical and mental damage
          2. B) Drug use
          3. C) Familial problems
          4. D) Ineffectiveness in preventing diseases
      3. III. MITIGATED POSITION OF RELIGIOUS CIRCLES CONFRONTED WITH REASON
        1. 1. To apply the norm for the norm's sake
        2. 2. The norm has benefits unknown to reason
        3. 3. Neither misdeed nor interdiction
        4. 4. To maintain the custom in the absence of misdeeds
        5. 5. Permitted but soon to be forbidden because of adverse consequences
        6. 6. It must be forbidden
    5. CHAPTER IV. LEGAL PROHIBITION OF FEMALE CIRCUMCISION
      1. I. TO JUDGE OTHERS' CUSTOMS
      2. II. RIGHT TO DIFFERENCE OR INDIFFERENCE
      3. III. DISTINCTION BETWEEN DIFFERENT FORMS OF CIRCUMCISION
      4. IV. TEMPORARY AND PREVENTIVE MEASURES
        1. 1. Provision of medical care
        2. 2. Comprehension
        3. 3. Education
    6. CHAPTER V. THE THIRD INTERNATIONAL SYMPOSIUM ON CIRCUMCISION
      1. I. ORGANIZERS AND PARTICIPANTS
      2. II. REASONS OF THE SYMPOSIUM
      3. III. COMBATING MALE CIRCUMCISION BY IDENTIFYING THE RESPONSIBLE PARTIES
        1. 1. The doctors
        2. 2. The nurses
        3. 3. The insurance companies
        4. 4. The religions
        5. 5. International organizations
        6. 6. National legislature: Towards a criminalization of Male circumcision
      4. IV. HOW TO RESTORE THE FORESKIN
      5. V. DEMONSTRATION IN WASHINGTON
    7. CONCLUSION



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