Female Genital Mutilation (FGM) in Islam: Impacts, Legal Frameworks, and Asylum Relief in the USA

By Esther Claudette Gittens | Editorial credit: Ms Jane Campbell / shutterstock.com 

Female Genital Mutilation (FGM), sometimes referred to as female circumcision, is a deeply controversial practice with cultural, religious, and social implications. It is practiced in various Muslim-majority countries, but it is not an Islamic requirement. Rather, it is rooted in cultural traditions that predate Islam. This paper critically examines FGM, particularly in Muslim communities, the impact on women who reject the practice, the physical and emotional consequences, its legal status in different countries, and the possibility of asylum relief in the United States for those fleeing FGM.

Section 1: Understanding FGM in Islamic Communities

What is Female Genital Mutilation?

Female Genital Mutilation (FGM) refers to procedures that intentionally alter or cause injury to female genital organs for non-medical reasons. The World Health Organization (WHO) classifies FGM into four major types:

1. Type I (Clitoridectomy): Partial or total removal of the clitoris.
2. Type II (Excision): Removal of the clitoris and labia minora.
3. Type III (Infibulation): Narrowing of the vaginal opening by creating a seal.
4. Type IV: All other harmful procedures, including pricking, piercing, and cauterization.

While FGM is commonly associated with Islamic communities, it is not explicitly prescribed in the Quran or Hadith. Instead, its practice is tied to cultural traditions in some regions where Islam is dominant.

Religious and Cultural Justifications

• Some Islamic scholars argue that FGM is a religious obligation (Sunnah), while others reject it as unnecessary and harmful.
• In certain communities, FGM is seen as a rite of passage and a means of preserving female chastity.
• Countries like Egypt, Somalia, and Sudan have high rates of FGM due to long-standing cultural traditions rather than explicit Islamic commandments.

Countries Where FGM is Prevalent in Muslim Communities

FGM is practiced in more than 30 countries worldwide, predominantly in Africa, the Middle East, and parts of Asia. Some of the countries with high prevalence rates include:

• Somalia: Over 98% of women undergo FGM.
• Sudan: Despite legal bans, FGM remains widespread.
• Egypt: A large number of Muslim women undergo FGM despite efforts to combat the practice.
• Indonesia: Some regions continue FGM under religious justifications.
• Yemen: A significant number of women undergo FGM, particularly in rural areas.

While some countries have banned FGM, enforcement remains weak due to cultural resistance and lack of education.

Section 2: Impact on Women Who Reject FGM

Social Consequences

Women who refuse FGM often face:

• Social Stigma: They may be labeled as impure or unfit for marriage.
• Family Rejection: Parents and extended family members may disown them.
• Community Isolation: Women who do not conform may be ostracized or ridiculed.
• Forced Procedures: Some women are circumcised against their will, sometimes forcibly restrained.

Legal Consequences in Some Countries

• In some countries, FGM is mandatory or strongly enforced by community elders. Women who reject it may face legal repercussions, including denial of inheritance rights or divorce by husbands.
• In places like Sudan and Somalia, a woman’s refusal to undergo FGM can lead to expulsion from her home or community.

Health Consequences of FGM

The rejection of FGM does not only bring social pressure but also comes with an inherent understanding of the risks involved with the procedure. Women who reject FGM often do so to avoid:

• Infections: Increased risk of HIV and other infections due to unsanitary cutting tools.
• Complications in Childbirth: Prolonged labor, hemorrhage, and high maternal mortality rates.
• Loss of Sexual Function: Reduced pleasure, pain during intercourse, and psychological trauma.
• Menstrual and Urinary Complications: Painful menstruation, recurrent urinary tract infections, and difficulty urinating.

Section 3: Physical and Emotional Impact of FGM

Physical Consequences

The physical impact of FGM varies depending on the type performed but generally includes:

• Severe Pain and Shock: Many girls undergo the procedure without anesthesia.
• Excessive Bleeding: Can lead to death if not properly managed.
• Infections and Septicemia: Due to unsterilized cutting tools.
• Long-Term Complications: Chronic pain, difficulty in childbirth, infertility.

Emotional and Psychological Consequences

FGM has profound psychological effects on women:

• Post-Traumatic Stress Disorder (PTSD): Many survivors suffer from PTSD, anxiety, and depression.
• Loss of Sexual Autonomy: Women may feel violated and disconnected from their bodies.
• Fear and Guilt: Some women feel guilty for breaking tradition, while others live in fear of repercussions.
• Suicidal Thoughts: In extreme cases, survivors may develop suicidal ideation due to the trauma.

Section 4: Legal Status of FGM in Different Countries

Countries Where FGM is Banned

• Egypt: Illegal since 2008, with increased penalties in 2016.
• Sudan: Criminalized in 2020, though enforcement remains weak.
• Kenya: Banned in 2011, but still practiced illegally.
• Indonesia: Officially banned in 2006, but the practice continues.

Countries Where FGM is Still Legal or Practiced Widely

• Somalia: No strict enforcement against FGM.
• Mali: No official laws banning FGM.
• Sierra Leone: Legal and widely practiced.

Despite legal bans, enforcement is often weak due to cultural resistance.

Section 5: Relief Through Asylum in the USA

Legal Framework for Asylum Based on FGM

The United States recognizes FGM as a form of persecution. Women fleeing FGM may apply for asylum under:

• The Refugee Act of 1980, which protects individuals facing persecution.
• Matter of Kasinga (1996): A landmark asylum case where a woman from Togo was granted asylum based on FGM persecution.

Eligibility for Asylum

To qualify, an applicant must prove:

• A well-founded fear of persecution.
• That persecution is due to race, religion, nationality, membership in a particular social group, or political opinion.
• That the government in their home country is unable or unwilling to protect them.

Challenges in Seeking Asylum

• Proving personal risk can be difficult, especially if FGM is not state-mandated.
• Women may struggle with language barriers and cultural stigma in discussing FGM-related trauma.
• Legal representation is crucial, as asylum applications are complex and require detailed documentation.

Section 6: Global Efforts to Eradicate FGM

Given the harmful consequences of FGM, numerous global organizations, governments, and activists have been working to eliminate the practice. These efforts involve legal actions, awareness campaigns, community engagement, and providing support for survivors.

International Organizations Fighting FGM

Several global organizations have played a crucial role in combating FGM:

1. World Health Organization (WHO) – Provides medical research on the health risks of FGM and works with governments to implement anti-FGM policies.
2. United Nations (UN) – The UN has declared FGM a human rights violation and works to eliminate the practice through the Sustainable Development Goals (SDGs), particularly Goal 5 (Gender Equality).
3. United Nations Children’s Fund (UNICEF) – Works with local communities to change attitudes toward FGM and supports victims.
4. United Nations Population Fund (UNFPA) – Runs programs in Africa and Asia to educate people about the dangers of FGM.
5. Equality Now – A global organization advocating for the enforcement of laws against FGM.

Legislative Actions Against FGM

• The Maputo Protocol (2005): A legal framework adopted by the African Union that explicitly bans FGM.
• The Istanbul Convention (2011): A European treaty that calls for criminalizing FGM.
• FGM Act (UK, 2003): Criminalizes FGM and punishes those who assist in carrying it out, including parents.
• France’s Strict Anti-FGM Laws: France prosecutes FGM perpetrators, even for cases where the procedure was performed abroad.

Despite these efforts, implementation remains a challenge in many regions due to deeply ingrained cultural traditions and lack of law enforcement.

Section 7: The Role of Education and Awareness

Community-Based Approaches

Changing cultural norms requires grassroots engagement. Some of the most successful efforts to reduce FGM involve working directly with local communities.

• Alternative Rites of Passage: In Kenya and Uganda, NGOs have introduced coming-of-age ceremonies for girls that do not involve FGM.
• Engaging Religious Leaders: Many imams and Islamic scholars now advocate against FGM, clarifying that it is not an Islamic requirement.
• Empowering Women: Educating girls and women about their rights and the dangers of FGM has led to increasing resistance against the practice.

Media and Social Campaigns

• Social Media Awareness: Activists have used platforms like Twitter, Facebook, and Instagram to share survivor stories and educate people about the dangers of FGM.
• Documentaries and Films: Productions like The Cut and Jaha’s Promise have brought global attention to the issue.
• Influencers and Celebrities: High-profile figures, such as Waris Dirie (Somali model and FGM survivor), Malala Yousafzai, and Michelle Obama, have spoken against FGM.

Section 8: Support and Rehabilitation for FGM Survivors

Women who have undergone FGM often require medical, psychological, and legal assistance. Various programs exist to help survivors reclaim their lives.

Medical Interventions

• Reconstructive Surgery: Some clinics offer surgery to restore parts of the removed genital tissue and improve sexual function.
• Obstetric Care: Specialized services help FGM survivors manage complications during childbirth.
• Pain Management and Therapy: Medical professionals help survivors cope with chronic pain and infections.

Psychological Support

• Trauma Counseling: Many survivors suffer from PTSD, anxiety, and depression, requiring therapy to heal emotionally.
• Support Groups: Connecting with other survivors helps women cope with their experiences.

Legal and Financial Support

• Legal Aid: Many organizations provide legal assistance to survivors seeking justice.
• Vocational Training: Economic empowerment programs help women who have been ostracized from their communities regain financial independence.

Section 9: Challenges in Eradicating FGM

Resistance from Traditional Practitioners

Many traditional midwives and cutters rely on FGM as a source of income. Efforts to eliminate the practice must include providing alternative livelihoods for these practitioners.

Weak Law Enforcement

Even in countries where FGM is illegal, authorities often fail to enforce the law due to cultural pressure or corruption.

Secrecy and Hidden Practices

• Some families perform FGM in secret, making it difficult to monitor.
• Some communities have medicalized the practice, having doctors perform FGM to make it appear safer, despite it being illegal.

Migration and Diaspora Communities

FGM is not limited to Africa and the Middle East. Some diaspora communities in Europe, North America, and Australia continue the practice, sometimes even taking girls back to their home countries for the procedure (a practice known as “vacation cutting”).

Section 10: The Future of FGM Eradication

Strengthening Laws and Enforcement

Governments must take stronger action to enforce anti-FGM laws, increase penalties, and protect at-risk girls.

Greater Collaboration Between Nations

International cooperation is crucial in addressing cross-border FGM cases and providing protection for asylum seekers.

Investing in Education and Economic Empowerment

• Providing education for girls is one of the most effective ways to reduce FGM rates.
• Economic opportunities for women help them resist social pressures to conform to harmful traditions.

Changing Perceptions from Within Communities

Ending FGM requires community-driven change. When elders, religious leaders, and families reject the practice, FGM will decline.

A Human Rights Issue

FGM remains a pressing human rights issue, disproportionately affecting women in Muslim-majority and African countries. While cultural traditions sustain the practice, the harmful physical and psychological effects of FGM demand urgent action. Women who reject FGM face social stigma, forced procedures, and legal challenges. However, global efforts—including legal bans, education, asylum protections, and medical support—are making progress in reducing FGM rates.

For survivors seeking refuge, the United States and other Western nations provide asylum based on gender-based persecution, though legal challenges remain. A multi-pronged approach, involving legal reforms, community engagement, and education, is essential to eradicate FGM globally.

Only by addressing the root causes—misconceptions, cultural norms, and economic dependence—can we fully eliminate this practice and protect the rights and dignity of women worldwide.