Egypt constitutional court rules in favour of criminalising

[DJKeefy]

Egypt's High Constitutional Court on Sunday rejected a lawsuit challenging the illegality of the practice of Female Genital Mutilation (FGM) in Egypt.

The lawsuit, first filed in 2008 by a number of Islamists lawyers, challenges a 2007 health ministry decision criminalising FGM and prohibiting doctors from practicing it, according to Al-Ahram's Arabic-language news website.

A counter-suit was later filed – by lawyers for the Egyptian Centre for Economic and Social Rights, labour lawyer Khaled Ali and doctors' syndicate head Hamdy El-Sayed – against calls to legalise the controversial practise.

"FGM is a crime against our daughters; it is an African custom that is not practised in any Arab country except Egypt, Somalia, Sudan and Djibouti," Ali declared via Twitter.

In 1997, FGM was formally outlawed by Egypt's health ministry. Yet, according to ministry figures, at least 94.6 per cent of married women in Egypt have been subject to the practise.

While being historically rooted in Ancient Egyptian culture, the FGM issue – and its ostensible permissibility within an Islamic context – has led to divisions between Egyptian religious clerics.

In 2006, the grand mufti of Al-Azhar signed a document denouncing the practice, asserting that it was "not necessary" according to Islamic tenets.

Other clerics, however, argue that the criminalisation of FGM would hinder the implementation of Islamic Law, arguing that FGM is an Islamic practice.

In 1997, Youssef El-Badry filed a lawsuit against the banning of FGM, asserting that it was an Islamic custom the prohibition of which would constitute a violation of Islamic Law.

Source: http://english.ahram.org.eg/News/63946.aspx

[LovelyLadyLux]

Oman and Yemen can be added to the countries who practice FGM.

[Hafiz]

The key phrase might be a 2007 health ministry decision criminalising FGM and prohibiting doctors from practicing it,

If it is not a general crime applying to all this may mean that those who could previously afford a doctor will now, probably, go to some back street abattoir. Those who always had it done by a senior women would continue.

Maybe someone knows, is FMG is a crime in Egypt, whoever performs it? If it is a general crime, has anyone ever heard of a prosecution?

I think that its been mentioned in other posts and is confirmed by Western documentaries, the advocates of FMG are generally women/mothers/grandmothers and those who perform it, in its backstreet version, are always women. Stopping or prosecuting them would be hard.

Passing a law is a lazy form of government. Changing practice would require a lot more effort including advertising using teachers and the medical profession, prosecutions, the use of the Imams (and priests if this practice is more widespread) and maybe financial incentives. There are probably lots of other tools which could be used depending on public opinion and I have no evidence on public opinion on this. If opinion is split this would explain the passing of a law and minimal prosecution.

It is frequently alleged that FMG is highest in Upper Egypt although how evidence for this could be got escapes me.

[LovelyLadyLux]

My sense is that FGM is primarily preformed by medically unskilled senior women who are not using surgical equipment.

I have a friend from Sudan. This was done to her and she basically views it as just something that happens to girls. She isn't horrified that it happened to her it was just part of life and growing up. If you're a girl in her village in Sudan this is just something that is expected and her sense is that it happens to all girls - otherwise HOW would she have gotten husband? Who her family arranged for her to marry, sight unseen. I'm sure if she was back living in Sudan given the extreme family pressures if she had a daughter she would allow this for her daughter. I'm actually not sure she'd be able to stop her family from doing this even if she wanted to.

I somehow don't think her attitude is untypical. It will take lots of education all round to stop this practice.

[dsaxelby]

As I understand it an Egyptian girl would have problems finding a husband if it was not done.