Open AccessFGM in light of law and human rights: an Islamic vision
Author(s) -
Ardawan MUstafa Esmail,
Edris Qadr Hamadamin
Publication year - 2021
Publication title -
twejêr
Language(s) - English
Resource type - Journals
eISSN - 2617-0752
pISSN - 2617-0744
DOI - 10.31918/twejer.2142.19
Subject(s) - statutory law , law , harm , imprisonment , legislation , legislature , political science , position (finance) , compensation (psychology) , sharia , islam , business , psychology , history , social psychology , archaeology , finance
This paper sought to elucidate the most prominent international and regional conventions and treatis regarding female circumcision. Then, it clarified the position of positive laws on female circumcision and made clear that statutory legislation criminalized female circumcision within the penal code. Statutory laws have defined various penalties for performing FGM, including financial (compensation), and deprivation of liberty, with imprisonment for a period of time. As for Islamic law, it did not specify a specific penalty for one who performs female circumcision, but rather included it among the discretionary penalties that are determined by the legislative or judicial authority according to the circumstances of the circumcised. When you meditate on the verses of the Noble Quran you find that they preceded those treaties and laws in the prohibition of all that was more harm than benefit.