FGM/C Law in The Gambia Under Debate in Gambian Parliament
- Christopher Hyde
- Jul 7, 2024
- 8 min read
The law banning Female Genital Mutilation/Cutting (FGM/C) in the Gambia currently under debate in the Gambian parliament following an appeal from influential Muslim clerics. If the ban is lifted, the Gambia will become the first instance of a country repealing anti FGM/C laws.
Who can say how this will ripple through other countries throughout Africa and the Middle East. It could cause a wave of countries to repeal FGM/C laws, instigating a shocking attack on women's rights on a global scale.
We are directly appealing to the Gambian parliament to prevent these laws begin repealed. Below is a copy of our most recent open appeal to the government, highlighting why from a scientific, religious and ethical perspective, FGM/C is abhorrent and should not be re-instated. This document was written by our chairperson and Gambian, Abdoulie Baldeh. We hope you will take it into consideration.
Addressing controversies over female genital mutilation or cutting: the need to prevent the repealing of the legislature in the Gambia.
Introduction
This policy brief is built on previously established evidence and a review of key policies tailored to the Gambian setting. Following the presentation of a bill at the national assembly to repeal the legislation that prohibits the practice of female genital mutilation or cutting (FGM/C) in the Gambia, the phenomenon has caused widespread controversies. FGM/C is characterized as a harmful practice and rights violation is a deeply rooted cultural practice often performed by traditional practitioners within our respective communities. The procedure as defined by the World Health Organization involves partial or total removal of the external female genitalia or other injuries to the female genital organ for non-medical reasons. The practice has no health benefits but varying harmful consequences. An estimated 200 million girls and women globally, the majority emergent from Africa have been subjected to the practice (Idoko et al., 2022). FGM/C is widely recognized as a violation of the human rights of women and girls, including their sexual and reproductive health and extreme forms of gender-based violence (Sariyah et al., 2023, Idoko et al., 2022).
It’s a known fact that FGM/C predates Islam. Whilst some Muslim scholars had reservations
about the practice, others argued that all types of mutilation (FGM/C) cannot be legitimate
under Islamic law (Munir, 2014). The principle “do no harm” approved by Islam supersedes
cultural and traditional practices, cogently eliminating the phenomena from obtaining any
endorsement by the Islamic religion.(Rouzi, 2013). While some believed the practice to be a
‘Sunnah’ others attribute the practice to culture and tradition. A Sunnah is believed to cause no health problems and is often rewarded for practicing but no sin or consequence is attached for not performing (Rouzi, 2013).
FGM/C is primarily practiced among the various ethnic groups in The Gambia. The traditional practice has proven remarkably persistent despite the ban. The developments of the community consultative meetings undertaken by parliamentarians in different mediums are particularly challenging. In addition, the dangers of disagreements among religious leaders, health professionals and local people to a certain degree may lead to the drawing of ’hard and fast’ conclusions. Among the important issues discussed extensively is a lack of understanding and agreement on the types of FGM/C performed in the Gambia. A multicenter observational study 2 conducted by Idoko et al., (2022) found postpartum haemorrhage to be the primary consequence of FGM/C with unpleasant secondary outcomes such as caesarean section, increased perineal tears, increased risk of neonatal resuscitation and prenatal death. Therefore, the consequences of repealing the secured legal framework extend beyond individual health outcomes to broader
societal implications. Hence, the aim is to dispel misconceptions using facts to clarify issues
surrounding FGM/C to influence policy decisions.
Religious Perspective of FGM/C
Islam instructs us to respect and glorify knowledge and culture but does not mean it embraces harmful practices. There is an ongoing controversy as to whether FGM/C is a cultural or religious practice or requirement. On one side are activists whose primary objective is to crusade against FGM/C, considering it as a child and human rights abuse. On the other side are the traditionalists attributing the practice to religious and cultural beliefs (Berg and Denison, 2013).
To determine the veracity of Islamic stands as far as FGM/C is concerned is to conduct research in the Quran and the Sunnah (the words or actions of the Prophet Muhammad (PBUH)). The Quran according to different scholars makes no reference, clear-cut ruling or analogy about FGM/C that can be implemented (Munir, 2014). As for the Sunnah, there are doubts about the credibility of the hadiths linked to Prophet Muhammad towards FGM/C. The truth is that no proof of these narratives' authenticity is used as a basis for a legal justification for such a fatal and remorseful practice (Dara, 2015). Although the practice is not mentioned in the Quran, a hadith stating the life of the Prophet Muhammad (PBUH) conveys a discussion between a woman (Um Habiba), a known circumciser and Prophet Muhammad. Having seen her, the Prophet asked if she kept practicing FGM/C, and she answered “yes” adding “unless forbidden and you order me to stop”. The Prophet responded, “Yes, it's allowed. Come closer I can teach you: if you cut, do not overdo it because it brings more radiance to the face and is more pleasant for the husband” (Dara, 2015). Some scholars rely on this hadith to justify its practice. Many studies have revealed that this Sunnah is weak and cannot be used as a religious requirement (Dara, 2015).
Dara, (2015) further argued that abnegates the Islamic licitness of FGM/C since there is no
indication or evidence to which shows that the Prophet had any of his wives or daughters cut. The prophet would have been the first to practice the procedure if the practice was an Islamic requirement. Hence, the Sunnah does not contain substantial evidence to support the legitimacy 3 of FGM/C (Dara, 2015). Thus, the hadith's quotes supporting the cutting are weak and do not constitute a basis for a legal Islamic ruling (Munir, 2014).
FGM/C is not only practiced by Muslims but also includes Christians and a minority group of
Ethiopian Jews. However, the procedure is neither mentioned in the Gospels nor the Torah.
Both religions therefore condemned bodily mutilations (FGM/C) (El-Damanhoury, 2013). In
fact, the practice is a combination of mainly social and cultural factors that may tremendously exert pressure on the members of their respective communities (El-Damanhoury, 2013, Biglu et al., 2016).
Issues around the practice of FGM/C in The Gambia
Although updated data is not readily available for information on the various types of FGM/C performed, earlier studies suggested that all forms of FGM/C are practiced throughout the Gambia. Since details about who decides on the procedure and type are not well known, there are suggestions that women make decisions related to FGM/C with the belief that ‘males have no hand in it’. Even though some men and boys prefer uncut women for sustainable relationships, the practice persists. Mothers are believed to push their children to have the procedure performed on their daughters, but studies conducted in other countries carry the contrary. A survey conducted in Somalia in 2019 revealed that mothers preferred their daughters to undergo the FGM/C and not necessarily grandparents.
The reasons provided for FGM/C, including religion and cultural beliefs discussed in detail
above, have no basis in science. Whilst some claim prevention of promiscuity in females’ others argue the enhancement of male sexual performance. Other reasons include the maintenance of cleanliness of the female genitalia, enhancement of fertility, anaesthetic reasons, improving a woman’s marital prospects and so on (Idoko et al., 2022). However, FGM/C has many adverse health consequences, and as it is often performed by local practitioners, the health risks increase. Idoko et al., (2022) found an increased risk for neonatal resuscitation and perinatal death. The results further revealed an association with poor neonatal and obstetric outcomes in the Gambia, the degree of risk correlated to the severity of FGM/C. Another study conducted by (Kaplan et al., 2013) reveals that FGM/C is associated with a variety of long-term health consequences. The finding further highlighted that women with FGM/C are four times more likely to experience complications during childbirth and the baby is also four times more likely to suffer health complications. Currently, a bill is presented to the Gambia’s National Assembly to reverse a groundbreaking 2015 ban on FGM/C that threatens to jeopardize the rights of
women and girls, according to Human Rights Watch. The Gambia is among ten (10) countries 4 with the highest level of FGM/C, it further states. If the bill is repealed (reversed) by the Gambian parliamentary, Gambia would be the first country in the world to overturn the FGM ban. Therefore, the consideration of reversing this landmark achievement will pose deep problems for women’s rights.
Conclusion and Recommendation
FGM/C is associated with severe neonatal and maternal complications which need urgent
attention as corroborated in earlier studies. Although the practice is banned, it is still carried out unofficially. Thus, more efforts are required to access hard-to-reach areas to counter this
practice. The need to build the necessary networks and infrastructure to bring widespread
accurate information on the subject cannot be over-emphasized. The impact and consequences of all forms of FGM/C must be highlighted with clear statements such as “harmful to women and girls” and “STOP” since it has no health benefit but abuse and rights violation. Therefore, more support and funding are required to reach out to influential and religious leaders, traditional practitioners, community members, and collaborate with other CSOs, NGOs, etc in building the network to end FGM/C. We further recommend that:
Studies are required to confirm the upward trend (prevalence).
The government should prioritize and provide funding for research to identify the different types of FGM/C, with the identification of the most severe forms.
More robust qualitative studies are required to investigate/explore the male preference (cut or uncut women).
There is a need to explore the person(s) who makes the decisions on when, where, how and who performs the FGM/C, and the reasons for it.
More sensitizations/advocacies (awareness raising) using radio, television, and social media platforms to enhance change and end the practice are necessary.
More community dialogue is necessary.
References
BERG, R. C. & DENISON, E. 2013. A tradition in transition: factors perpetuating and hindering the continuance of female genital mutilation/cutting (FGM/C) summarized in a systematic review. Health care for women international, 34, 837-859.
BIGLU, M.-H., FARNAM, A., ABOTALEBI, P., BIGLU, S. & GHAVAMI, M. 2016. Effect of female genital mutilation/cutting on sexual functions. Sexual & Reproductive Healthcare, 10, 3-8.
EL-DAMANHOURY, I. 2013. The Jewish and Christian view on female genital mutilation. African Journal of Urology, 19, 127-129.
IDOKO, P., ARMITAGE, A., NYASSI, M. T., JATTA, L., BAH, N., JAH, A., JABBIE, D. & BITTAYE, M. 2022. Obstetric outcome of female genital mutilation in the Gambia–an observational study. African Health Sciences, 22, 386-395.
KAPLAN, A., FORBES, M., BONHOURE, I., UTZET, M., MARTÍN, M., MANNEH, M. & CEESAY, H. 2013. Female genital mutilation/cutting in The Gambia: long-term health consequences and complications during delivery and for the newborn. International journal of women's health, 323-331.
MUNIR, M. 2014. Dissecting the claims of legitimization for the ritual of female circumcision or female genital mutilation (FGM). International Review of Law, 2014, 6.
ROUZI, A. A. 2013. Facts and controversies on female genital mutilation and Islam. The European Journal of Contraception & Reproductive Health Care, 18, 10-14.
SARIYAH, N., AZIZ, A., ASPANDI, A. & ANIQ, A. F. 2023. Female Genital Mutilation/Cutting (FGM/C) for The Harmony of Sexual Relationship by Islamic Law Perspective. Tribakti: Jurnal Pemikiran Keislaman, 34, 33-46.
As always, we hope for the best and plan for the worst. Your support helps us make a difference. We believe in a positive future for the Gambia, led by Gambians. We believe in a society free of prejudice, that cannot exist if FGM/C laws are re-instated.
Thank you again for your continued support.
Christopher Hyde
Vice Chairperson
Njaboute Foundation
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