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STUDI KOMPARATIF FATWA MAJELIS ULAMA INDONESIA DAN FATWA DARUL IFTA’ MESIR TENTANG KHITAN PEREMPUAN
Female circumcision has been a long-standing tradition throughout the world, especially among Muslims. However, with the advancement of medical science, experts have studied various types of female circumcision (FGM/C) (female genital mutilation and cutting). These experts have come to the conclusion that FGM/C is harmful to the women who undergo it. Currently, some contemporary scholars are re-examining the ruling on female circumcision and its istinbath. Among their analyses are criticisms of the validity of the hadith evidence that underpins the ruling on female circumcision, as well as considerations of its benefits and harms. Consequently, there are differences of opinion among contemporary scholars regarding the ruling on female circumcision. The fatwa of the Indonesian Ulema Council (MUI) and the Fatwa of the Egyptian Dar al-Ifta' (Islamic Jurisprudence Council) on female circumcision can be better understood by using the theory of Ḍawābiṭ al-maṣlaḥah. This theory is part of the usul fiqh (Islamic jurisprudence) that examines the principles of maslahat (goodness or benefit) in establishing Islamic law. Ḍawābiṭ al- maṣlaḥah focuses on how to assess and determine maslahat in a legal context. This study uses a descriptive comparative analysis research type, namely research that aims to describe clearly, in detail and systematically the Law of Female Circumcision. Then analyze and compare the views of the two fatwa institutions that have been mentioned. In the context of female circumcision, a 2008 fatwa from the Indonesian Ulema Council (MUI) stated that female circumcision is sunnah (recommended), but not obligatory. This fatwa recommended that female circumcision be performed in accordance with health principles and not cause harm to the woman. In general, the fatwa from Egypt's Dar al-Ifta' stated that female circumcision is not obligatory and may even be considered inconsistent with modern health and humanitarian principles. They argued that female circumcision often has no clear medical benefit and can pose significant health risks. In this context, the principle of Ḍawābiṭ al-maṣlaḥah, which emphasizes the need to consider benefits and prevent harm, supports the view that female circumcision may bring more harm than benefit.
FAKULTAS SYARIAH DAN HUKUM, UIN SUNAN KALIJAGA YOGYAKARTA
STUDI KOMPARATIF FATWA MAJELIS ULAMA INDONESIA DAN FATWA DARUL IFTA’ MESIR TENTANG KHITAN PEREMPUAN (Text)
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