Fighting Female Genital Mutilation in Africa
In spite of laws against mutilation of females, this ill-treatment continues in many parts of Africa. Different organisations working against the practice, stress the need of thorough information on the damage this tradition generates on women. The practice tends to go underground when its only limitation rests on the law.
Female circumcision is frequently described as an "age-old Muslim ritual," when in fact it predates Islam and is even believed to be pre-Judaic. There is no mention of it in the Koran, and only a brief mention in the authentic hadiths, which states: "A woman used to perform circumcision in Medina. The Prophet said to her: 'Do not cut severely, as that is better for a woman and more desirable for a husband.'
Because of this still debated hadz'th, some scholars of the Shari school of Islam, found mostly in East Africa, consider female circumcision obligatory. 'I'he Hanafi and most other schools maintain it is merely recommended, not essential.
In the nineteenth century, women in the United States and Europe were sometimes circumcised because it was believed to relieve epilepsy, hysteria, and insanity. In Africa, FGM practises are mostly not related to Islam itself, although its prevalence is higher in predominatly Muslim countries. While FGM is not practised in Muslim Morocco, it is widespread in Sierra Leone (among Muslims and followers of traditional religions) and it is equally practised by Orthodox Christians and Muslims in Ethiopia.
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Female genital mutilation is prohibited by legal or administrative measures in at least 18 countries worldwide, Ms. Rahman continues. In Africa alone, nine out of 28 countries have enacted laws criminalizing female circumcision. That includes a decree by the Egyptian Ministry of Health which declares female circumcisions unlawful. That decree has been later backed by a court decision. In most cases penalties for female genital mutilation range from six months to life in prison. The earliest example of a law against female genital mutilation was in 1965, when Guinea passed a law against that practice.
While laws alone can not achieve that change, they are an important tool, says Ms. Rahman. The book, which provides a description of the legal status of laws on female circumcisions - also known as female genital mutilation - is unique in that it addresses the practice of female genital mutilation as a human rights issue. Ms. Rahman says 41 countries have addressed the issue of female genital mutilation in their laws and policies.
The book, which are the result of two years of collaboration between the Center for Reproductive Law and Policy and the Network, is one more tool to educate the public about female genital mutilation
Seven industrialized nations have enacted laws criminalizing the practice of female genital mutilation, she says. One of those nations is Australia, where six out of its eight states have criminalized the practice. In the United States, 15 of its states have criminal laws against female genital mutilation. There is also a federal law prohibiting the practice in the United States.
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