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Bohra men must speak up to save their daughters from female circumcision

Name: Yusuf
Country: India

 The fatwa given during the Zikra majlis by Syedna Mufaddal Saifuddin in favor of female genital cutting dug up the wound that exists in my heart which makes me write this post.

 Looking at parts from the audio clip leaked from the majlis, at one point, Syedna Mufaddal Saifuddin says what translates to English as:

 “It must be done. If it is a man, it can be done openly and if it is a woman it must be discreet. But the act must be done. Do you understand what I am saying? Let people say what they want.”

 The Syedna made no direct mention of the word “khatna” or “khafz”, but asks that the act be done discreetly for girls so that the community does not get tangled in any legal trouble. He cryptically says, “Do you understand what I am saying?” It was a clear reference to female genital mutilation (FGM). It is obvious that this was in response to the raging debate on FGM that has occurred in public after three Bohras were convicted in Australia for practicing khatna on two minor girls. No one from the clergy has come forward to participate in this debate, and the Syedna in his fatwa said, “We are not willing to talk to anyone on this issue”.

 The reason this issue dug up a wound in my heart is that a couple of years ago my daughter was made to undergo this barbaric ritual, against my wishes, under pressure from family elders and the ladies in particular.

 A year before my daughter turned seven, my wife told me that when our daughter turns seven we have to do her khatna. Unlike most men in the community, I was aware of what khatna or FGM is and I told her that I will not allow this. I told her this practice was started centuries ago by Bohras who wanted to curb the sexual desire of their women, as they frequently travelled for business.

 I told her that there is no scientific/medical basis for khatna or FGM. There is no mention of it in the Quran and that other Muslim sects do not practice it. I even told her that it is illegal in the western world and has been declared a violation of human rights by the United Nations.

 What I also did was initiate a discussion within my close Bohra friends group. I raised the issue as to why a girl who doesn’t understand what is going on or what’s being done to her has to go through this, especially when the ones taking her for the cut are people she trusts.

 One reply I received from a female friend in the group is etched in my memory. She said, “Would you want your daughter to have multiple sex partners and have extra marital affairs?”

 I was taken aback by the reply, particularly as this friend is a well-educated person otherwise! It left me in despair on realizing the extent of falsehoods that have been propagated within the community, with people being brainwashed into believing something as barbaric as khatna, which has no scientific basis and is a violation of human rights. Forcibly doing something that is thought to curb sexual desire is in itself a violation of human rights. If educated young women of the community think in this manner, what to say of the elders who still dominate decision making in the majority of Bohra households?

 My wife agreed with me and was reluctant to put our daughter through the horror. She told my mom and her mom that I was against the decision. She was told by both that there would be no argument and that this centuries-old practice has to continue just like how they went through it.

 I being the only son, live with my parents. My wife was torn between me on one side and my mother and her mother on the other. Talking to my parents did not help and ended with the usual invocation that it’s a “religious obligation”, Moula, tears, emotions etc.

 My wife and I left the matter there hoping that when the time came, we could fake it. But, when my daughter turned seven, my mom said she would accompany us to take our daughter to get her khatna. She wouldn’t let us go alone. She made sure the appointment with a Bohra gynecologist (sigh!) was made.

 My daughter was put under the blade. The fault is mine. Maybe I wasn’t strong enough or forceful enough then to prevent that atrocity on my daughter. But, now that there is a perfidious attitude where on one hand there is this fatwa in favor of the practice, while on the other hand, jamaats in Western countries have issued letters telling citizens to refrain from the practice, I thought it is time we men from the community spoke out against it. It is time for Bohra men to be informed about this evil practice and come out against it to save their daughters.

 As it is well-known that the consequences of openly raising your voice against the Syedna has dire consequences, it is going to be difficult to get rid of this practice by mobilizing support from within the community. Some people may be against it, but they don’t say it openly.

 In my opinion, building support in the larger civil society and legal recourse is the best way to end the practice. Maybe a public interest litigation (PIL) in India will get positive result. There is already a raging debate in India over triple talaq after a lady filed a PIL against it, and it has got larger public attention and support.

 I commend the members of Sahiyo who are fighting against FGM. This post is my small contribution in support of their effort for a common good.

 ~ Written by Yusuf, a guilt-ridden and remorseful father belonging to the Dawoodi Bohra community

 

Respected Syedna, we are all disappointed by your views on female circumcision

Syedna Mufaddal Saifuddin’s recent wa’az (sermon) in Mumbai has come as a disappointment. For almost three months now, Dawoodi Bohras who wish to see an end to female circumcision (khatna) had been hopeful. Starting with Sydney in February, many Bohra jamaats in different cities around the world have issued letters to their members, asking them to stop practicing khatna because it is against the law in those countries. (Read more about the jamaat letters here.)

The jamaats issuing these letters – be it in Australia, USA, UK or Sweden – are all trusts that function with the sanction of the central Bohra leadership, whose headquarters are at Badri Mahal in Mumbai. The jamaat letters gave hope to Bohras across the world, even in countries like India and Pakistan where there are no laws against female genital cutting, that the Bohra leadership would eventually ask the whole community to stop practicing khatna.

After all, in a community that is so close-knit and centralised, why should girls in some parts of the world be spared from circumcision, while girls in other countries continue to be cut? If Dawoodi Bohras are one community, how can there be different rules based on geography?

In this light, the Syedna’s recent public sermon on April 25 has left large sections of Bohras surprised and disheartened. His speech, given at Mumbai’s Saifee Masjid on the occasion of the death anniversary of 51st Syedna Taher Saifuddin, made an indirect but fairly clear reference to khatna.

A four-minute audio clip of that section of the sermon has been circulating among Bohra social media groups all week, and several concerned community members wrote to Sahiyo to tell us that they had attended the wa’az and were shocked by the Syedna’s statements. On April 29, The Times of India wrote a report about these statements, which can be read here.

In the sermon, delivered in the Lisan-ul-Dawat language, Syedna Mufaddal Saifuddin can be heard saying the following:

Whatever the world says, we should be strong and firm…whatever they say, it does not make a difference to us, we are not willing to accept [what they say]…we are not willing to talk to them. What are they telling us? That what we are doing is wrong?…who are they to teach us?

The Syedna then makes a reference to other vices that people have, such as drugs or cigarettes, asking, “Why don’t they tell those people [that they are wrong]?”

A clearer reference to khatna comes with the following words in the speech:

It must be done. If it is a man, it can be done openly and if it is a woman it must be discreet. But the act must be done. Do you understand what I am saying? Let people say what they want…but Rasoolullah [Prophet Mohammed] has said it…Rasoolullah will never say anything against humanity. He has only spoken [of] what is beneficial…from the perspective [“haisiyat”] of the body and the soul. What do they say?…that this is harmful? Let them say it, we are not scared of anyone.”

The Syedna’s sermon is significant for many reasons. This is the first time that he has made such a clear reference to khatna in public without explicitly spelling it out. All through the recent Australia case hearings as well as the anti-khatna campaigns by Sahiyo, Speak Out on FGM and other Bohras, the community was eagerly awaiting a word on the subject directly from the Syedna.

But his declaration that Bohras must continue the act, irrespective of opposition from various quarters, indicates that Bohra authorities were not being sincere when they issued various jamaat letters around the world. The implication of his speech is that the jamaat letters asking people to stop khatna are insignificant – a mere formality to save Bohras from facing criminal consequences in countries where female genital cutting is illegal.

Were the jamaat letters a mere pretence to hoodwink international governments? His speech says “the act” must be done openly for men and discretely for women. Why?

The Syedna says that the “the act” must be practiced because the Prophet recommended as something beneficial. But according to the jamaat letters issued with the sanction of the Syedna, the Prophet also preached the value of “hibbul watan minal imam” – love and loyalty for the laws of one’s country. So which teachings of the Prophet must Bohras in those countries follow?

Most significantly, we would like to point out one thing: the Syedna’s speech dismisses and rejects all opposition from “them”, from all those saying that khatna is harmful and must not be practiced. The “they” he is referring to, however, are not just governments of countries like Australia or the USA.

The strongest form of opposition to khatna is now coming from within the community – from Bohra women who have either undergone khatna or have seen their loved ones go through it, and from Bohra men who are horrified that their daughters, sisters, mothers and friends have to go through the cut. These are Bohras of all hues – staunch believers, regular masjid attendees, occasional attendees, sceptics, liberals, traditionalists, reformists – but they are Bohras, and they no longer want the practice of khatna to continue. By alienating these women and men as “they”, as outsiders, the opposition cannot be wished away.Those opposed to the practice have strong reasons for their views, and we urge the Syedna and all Bohras to engage in meaningful debates and discussions on the issue, rather than trying to shut out opposition.

Lastly, the Times of India report quotes a source close to the Bohra authorities, claiming that this speech was not about khatna and has been misinterpreted. However, hundreds of Bohras have interpreted his speech as a reference to khatna and circulated the audio clip widely. If the leadership believes that all of these people misinterpreted the speech, we urge the Syedna to publicly clarify this, and make his stance on khatna clear.

 

Sahiyo Speaks at United Nations for Commission on the Status of Women Annual Conference

On March 21st, Mariya Taher spoke at a Commission on the Status of Women (CSW) side event entitled: Empowering Muslim Women through Storytelling: A Roundtable Discussion. Sponsored by the Permanent Mission of the United States of America to the United Nations Permanent Observer Mission of Organization of Islamic Cooperation to the United Nations, the event sought to showcase how storytelling can inspire social change and focused specifically on how storytelling platforms can be used to amplify the voices of Muslim women worldwide, particularly with the rise of Islamaphobia.

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The panel highlighted storytelling collectives like the Muslim Women’s Story Lab and Hijabi Monologues, organizations that have created platforms for Muslim women to reclaim their own narratives, whether discussing issues of women’s leadership and mosque access to rising anti-Muslim sentiment and questions around race and solidarity with broader social justice movements. Mainstream storytelling initiatives, such as StoryCorps, were also part of the panel as they have sought to engage diverse communities, including Muslim women, through community-based outreach. Lastly, Breakthrough’s the G word and Sahiyo’s new FGM/C storytelling initiative were asked to speak as part of this panel as these organizations aim to spark discussion on gender identity and gender-based violence through interactive digital platforms.

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 Speakers included:

    • Women in Islam, Inc. founder, Aisha al Adawiyah
    • StoryCorps producer, Cailey Cron
    • Muslim Women’s Story Lab Aisha al Adawiyah, Maha Marouan, and Tamara Issak.
    • Hijabi Monologues founder, Sahar Ullah
    • Breakthrough’s the G word, Ishita Srivastava
    • UN Women’s Mohamed Naciri

To read more about the event, click here. To learn more about work that Sahiyo is doing, visit our website at www.sahiyo.org.

Human Rights Day panel at New England School of Law

On March 10, 2016, Sahiyo Co-founder Mariya spoke at the New England School of Law for the event: Human Rights Day Panel: A Poignant Discussion on Female Genital Mutilation. Prior to the beginning of the event, the panel organizers played the Hindustani Times news report FGM: India’s Dark Secret to provide context that FGM/C is more global issue than previously acknowledged. In acknowledging the global nature of FGC, currently, the state of Massachusetts in the United States is in the process of passing legislation criminalizing all forms of FGC with the bill – “An Act Establishing Civil and Criminal Penalties for Female Genital Mutilation” (House Bill H1530; Senate S1116).

 Other speakers on the panel included members of the Massachusetts FGM Task Force who have been diligently working on the FGC issue for number of years. These members included Katie Donahue Cintolo, Women’s Bar Association and Susan McLucas, director of Sin Saunuman (Health Tomorrow) organization. Professor Dina Francesca Haynes, a human rights lawyer and professor at the New England School of Law who has worked on hundred of FGC cases also spoke.The event was presented by the International Law Society and sponsored by the Immigration Law Association, the Charles Hamilton Houston Enrichment Program, and the Center for International Law and Policy.

 

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Read Sahiyo co-founder Insia Dariwala’s Women’s Day speech

This speech was delivered by Sahiyo co-founder Insia Dariwala on March 8, 2016, on the occasion of International Women’s Day. The speech was part of a unique women’s rally called ‘Breaking Barriers, Claiming Spaces – Women Unite to Demand Equal Rights Within Religion’. The rally, held at Azad Maidan in Mumbai, was co-organised (among others) by the Bharatiya Muslim Mahila Andolan and the Bhumata Ranragini Brigade, who are fighting for women’s rights to enter dargahs, mosques and temples in India. (To view a video interview of the event, click here.)

The speech is in Hindi, transliterated in Roman:

“Hum ne hamarey organization ka naam Sahiyo  rakha hai. Sahiyo ka matlab hai saheli… kyunki hum maante hai ki samaaj mein sudhaar dosti hi laa sakti hai, dushmani nahi.

Aaj yahan jitni bhi aurtein hai, sab ki ek hi ladai hai: samaanta ki ladaai…sabhi chahti hai ki samaaj mein aurton aur mardon ka barabari ka darja ho, unke saath ek jaisa vyavhaar ho…mai bhi iss baat se sehmat hoon. Magar Sahiyo ki ladai samaanta ki ladai nahi hai. Voh iss liye, kyunki mudda hi kuch aisa hai.

Mudda hai khatna ka. Shayad aapko pata na ho, par Bohra Muslim samudaay mein ladkiyon par bhi khatna kiya jaata hai. Ladkiyaan jab saat saal ki ho jaati hai toh unke yoni ke upar ke hisse ko – jisse English mein clitoral hood kehte hai – khatna ke naam par kaafi dardnaak tareeke se kaata jaata hai. Yeh riwaaz kai sadiyon se chali aa rahi hai…ladkiyon ko bina bataye, un par yeh atyachaar kiya jaata hai.

Iss hisse ko hum maaya ang ke naam se jaante hai…aur voh usse haraam ki boti kehte hai, usse bura maante hai. Kehte hai ki ek aurat ko behkaane vale iss hisse ko kaat hi dena chahiye. Bade buzurg log yeh bhi maante hai ki aisa karne se uss hisse ki tahaarat/safai bani rehti hai.

Lekin hum poochhte hai ki aisi safai kis kaam ki, jo ek masoom bachchi ko shaareerik hi nahi, balki zindagi bhar ke liye maansik ghaav de de?

Dukh ki baat toh yeh hai ki Muslim qaum mein hamaare samudaay ko kaafi progressive maana jaata hai. Aurton ki izzat karna, unhe padhaana –likhaana, career banaana, unhe har kshetra mein aage badhna …sab allowed hai. Toh phir itne acche vichaar rakhne ke bavajood hum yeh pichhdi soch kaise rakh sakte hai? 

Agar baat sirf safai ya hygiene ki hai toh kyun na hum unn bacchiyon ko safai ki seekh de?

Hum aaj yeh khul ke kehna chahte hai ki humaari kisi se koi dushmani nahi hai. Hum kisi dharam ke khilaaf nahi…hum kisi dharam ko chalaane waale ke khilaaf nahi…hum khilaaf hai toh sirf unn pracheen traditions ke jo ek ladki ke andar ki aurat ko paida hone se pehle hi maar deta hai. Agar kisi ko yeh lagta hai ki hum Bohra samaaj ko badnaam kar rahe hai, toh yeh soch bilkul galat hai.

Kyunki badnaami agar hui hai toh voh Australia mein hui giraftaari ki vajah se hui hai. Wahaan rehne waale ek Bohra parivaar par sting operation kar ke unhe khatna jaise human rights violation ke liye giraftaar kiya gaya. Unn mein bachchiyon ki maa bhi shaamil thi, aur yeh bade hi dukh ki baat hai. Kyunki sadiyon se chali aayi parampara ki sazaa uss maa ko kyun milni chahiye? Khaas karke kyunki barson pehle, voh bhi iss parampara ka shikaar thi.

Toh hum poochna chahte hai ki aisi sunnat kis kaam ki, jo ek maa ko apni hi bachchiyon se alag kar de, jaise ki Australia case mein hua hai?

Kai cases mein toh yeh bhi hua hai ki iss practice ki vajah se biwi aur shohar mein dooriyaan aa gayi hai. Aur yeh hum apne mann se nahi bol rahe hai. Yeh khud unn mardon ne hame bataaya hai.

Toh agar ik parivvar ki aahooti sirf bachchi ko saaf ya hygienic rakhne ke liye dee jaa rahi hai, toh mai itna hi kahoongi ki hum aaj ikkeesvi sadi mein hai, jahan na saabun ki kami hai aur na hi paani ki. Phir kya fayda aise riwaaz ka jis se shayad poore pariwaar ko dukh ho?  Kya fayda aise riwaaz ka jahan bachchiyon ko saaf banne ke liye apne hi khoon se nahaane ki zaroorat padey?

Hum inn sab sawaalon ka jawaab chahte hai. Kyunki hum yahan par aaj sirf apne liye nahi aaye hai. Hum aaye hai unn tamaam aurton ke liye jinko bachpan mein kaata gaya tha. Hum aaye unn auraton ke liye jinko apne shareer par koi haq nahi…jinhe bachpan se hi kaha jaata hai, “tum sirf ek aurat ho, aadmi se alag ho…”

Jaate jaate mai yahi kahoongi, ki haan hum alag hai, par kamzor nahi. Haan hum alag hai, par majboor nahi.

Meri media se yeh guzaarish hai ki aaj humne yaha par jo bhi kaha hai, usse sirf sansani paida karne ke liye use naa kare, kyunki hum inn shabdon se communication chahte hai, miscommunication nahin.

 

 

 

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Before sharing your khatna story, consider your country's own legislation against FGC

Recently, a Sahiyo Volunteer asked us a very important question regarding sharing your khatna story and potential legal ramifications against a family. We always find it tremendously encouraging and inspiring for all those who do share their khatna story with us, but at Sahiyo we want those who share their stories to be made aware of any potential legal ramifications for sharing your story publicly.

This information is in no way given to discourage you from sharing your story, and you should alway consult with a lawyer to gain more specific legal advice on this issue. However, at Sahiyo, our organization does seek to be transparent and honest with all those who connect with us.

Could identifying as a Bohri who has been cut thru social media or media potentially lead to legal ramifications for family or friends who live in a country where FGC has been outlawed, and that country suddenly decides to crack down on it?

ALL COUNTRIES:

For more information on Female Genital Mutilation/Cutting Resources listed by Country where it is known to be an indigenous practice or by populations of refugees/immigrants  – See more at http://www.refugeelegalaidinformation.org/female-genital-mutilation-grounds-seeking-asylum#countrylist

CANADA:

For more information, please refer to Dilshad Tavawalla’s blog post on Female Genital Mutilation or Khafd/Khafz or Khatna and Canadian Laws.

You can also visit Ontario Human Rights Commission – FGM in Canada

UNITED STATES:

This is not a simple question. It will depend on

1) If a person was cut in 1995, then it was not a crime in the U.S. or any state because the federal law against FGM/C was passed and went into effect in 1996.

2) If the person was cut in 1997, but outside the U.S., the federal law was in effect, but only for FGM/C committed in the United States. Very few states had laws that early on to bring an FGM/C case.

3) If the person was transported from  U.S. soil for the purposes of being cut and was cut abroad on or after November 2013, then the vacation cutting provision applies.

4) There is also the issue of statute of limitations. How long after the cutting can a criminal or civil case be brought under federal or state law? Is the Statute of Limitation “tolled” (put on hold or frozen) until the 18th birthday and then starts running? If yes, how long after the 18th birthday does the person or prosecutors have?

5) The federal law applies to both children and adults within its jurisdiction. The person who underwent FGM/C or someone legally allowed to act on their behalf would have to bring the charge or bring it to the attention of authorities who would bring the charge. That legal person could be a parent, guardian or court-appointed advocate.

If you are concerned, ask the participants when and where the cutting took place to see if it was illegal in the United States. That’s a start. For more information, please refer to Equality Now’s Fact Sheet – Female Genital Mutilation in the United States.

Disclaimer: No Legal Advice Intended.

This blog includes general information and may reference topics on legal issues and developments in the law. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and must not be taken, as legal advice or legal opinion on any particular set of facts or circumstances. You need to contact a lawyer licensed in your jurisdiction for advice on specific legal issues problems.

 

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