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Grand Mufti: No Proof Needed For Virginity


By G. Willow Wilson
Posted on Wed Feb 21, 2007 at 09:24:08 AM EST
Tags: Ali Gomaa, Egypt, Azhar, fatwa, women, law (all tags)

In a move that will stun the Muslim world, Sheikh Ali Gomaa, the Grand Mufti of Egypt and one of the highest-ranking Sunni authorities, has said that hymen reconstruction surgery for women who have lost their virginity before marriage is halal (permissible) and that a man has no right to demand proof of a woman's virginity if he cannot provide proof of his own. In addition, the fatwa states that a woman who has had sex before marriage but has sincerely repented is under no obligation to inform her husband of her sexual status. 

The Daily Star has the full story.

This is brilliant: "It is not rational for us to think that God has placed a sign to indicate the virginity of women without having a similar sign to indicate the virginity of men," Gomaa says. (My emphasis.) For those who claim that logic is out of vogue in the corridors of Muslim power, prepare to revise. As far as I know, this is the first fatwa from a sheikh of this rank that declares the hymen an illegitimate 'sign' of virginity. Since the hymen of an active girl is often worn away by the time she reaches a marriageable age, this bodes well for millions of Muslim women around the world. Finally, reality-based physiology from the clerical class. 

The fatwa has been seconded by Azharite scholar Sheikh Khaled El Gindy, who, when challenged about 'traditional beliefs' which hold that a woman's virginity is sacrosanct while a man's is not, said "Islam does not care for the feelings of ignorant people, just as the law does not protect the idiots."

What is remarkable about this fatwa is that while it accepts the underground hymen-surgery racket, it does not endorse it; it considers the practice acceptable only because it protects a woman from potential violence. The real meat of the fatwa is in its de-emphasis of the need for proof of virginity--and in a region of the world where a woman is not considered a virgin unless she bleeds on her wedding night, this is a serious blow to entrenched un-Islamic misogynistic cultural practices.

In an interesting side-note, the hymen is mentioned nowhere in the Qur'an or the two commonly accepted books of hadith. Not once. The word for 'virgin' in Arabic--bikr--means simply 'unmarried woman'.  

Today is a very good day for women's rights in Islam. Alfa shokran, Sheikh Gomaa and Sheikh Gindy. 

Related: Azhar outlaws female circumcision

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Tags: Ali Gomaa, Egypt, Azhar, fatwa, women, law, men, femininity, masculinity, feminism (all tags)
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love it!(none / 0) (#1)
by Maleeha on Wed Feb 21, 2007 at 09:36:54 AM EST

"Islam does not care for the feelings of ignorant people, just as the law does not protect the idiots."

This is a great statement. I think I'm going to make it my email signature. Ha.

Thanks so much for telling us about this. After the news yesterday of the murder of the lady politician in Pakistan, I was feeling like hell. This makes me feel so much better.



I was excited too(none / 0) (#2)
by G. Willow Wilson on Wed Feb 21, 2007 at 09:56:57 AM EST
Now all we have to do is go to bat for Gomaa when he gets slammed by the fundies.

[ Parent ]




I don't think so..(none / 0) (#3)
by Samaha on Wed Feb 21, 2007 at 09:59:12 AM EST

It's one thing to say that a man must not ask for proof of virginity or stress that the hymen is not an indicator of virginity and quite another to promote a practice of reconstructing the hymen.

Personally, I see THAT as promoting lying - even if the woman has sincerely repented and is under no obligation to inform her husband.  It's just promoting lying. 

Not only that, but it allows piety (because let's face it that is what it is about) to those who are capable of paying for it, while those underprivelaged girls whose hymen seriously wore away due to physical activity or possibly even worse were raped can't afford piety.

I think it is sad.



I disagree(none / 0) (#4)
by G. Willow Wilson on Wed Feb 21, 2007 at 10:05:53 AM EST

I think it's a pragmatist move. These ideas aren't going to disappear overnight--why should a girl face violence or even death in the meantime? It's a big step forward from "No, you shouldn't have surgery, you should just face the music and accept the punishment that Allah has meted out for you."

You can't cling to that detail and overlook the fact that it says a man has no right to demand proof of a woman's virginity. You have to admit, that's a huge dent in the empire of Y-chromosome worship. 



[ Parent ]
Unfortunately, quite the opposite may now happen(none / 0) (#6)
by Samaha on Wed Feb 21, 2007 at 10:19:08 AM EST

you face the possiblity of virginity not being the factor of y-chromosome worship.

Will a visit to the reconstruction surgeon prior to the wedding become the norm? 

Now you may find more women behind niqab or forced to stay within the house.  Something else will be used to measure her honor.

Not to mention that it is promoting lying or misleading at the very least.

I guess it is just too much to ask to the sheiks to promote education within the subject.

 



[ Parent ]






Wonderful!(none / 0) (#5)
by AnonyMouse on Wed Feb 21, 2007 at 10:16:59 AM EST

I've always wondered what it is about a "girl's virginity" that was so 'sacred' as opposed to a guy's. Both men and women are supposed to be chaste in Islam, with no emphasis put on just one gender.

Anyway, this is a great sign, al-Hamdulillaah! :)


Musings of a Muslim Mousehttp://www.muslimmouse.blogspot.com
Not(none / 0) (#7)
by paranoun on Wed Feb 21, 2007 at 11:46:44 AM EST

 

<div>

it is not due to Islam that virginity is celebrated, I do not believe!!.  It is a tribal requirement for lineage purity.  Semites (Arabs) look at women as vessels for carrying the future 'unadulterated' generations; vessels have to be 'clean'!  Furthermore, Semites (Arabs) put much emphasis on lineage (males only count!) which could be corrupted by sexual activity if a virgin (vessel is not clean) or that alien elements got into the male line if the woman is married.  A pending divorce case is being talked about in Saudi due to status differences of husband and wife.  Social relationships, ie, social opportunities, hinge on sexual purity, real or imagined of the female.  The social prerequisites take precedence over the Book. 

It is comforting to remember that : while Allah ghafoorun raheem, (tribal) society is not; it is vengeful.  

 

</div>

[ Parent ]




fatwa on the hymen/virginity(none / 0) (#8)
by mohammadfadel on Wed Feb 21, 2007 at 12:07:52 PM EST

Salam alaikum,

While I obviously heartily approve of this fatwa, this is black-letter Maliki doctrine from the middle ages, I mean, that the hymen is irrelevant to virginity, that the husband has no right that his bride be a virgin, even if she is represented to be a virgin, and to go one step further, the guardian of a girl believed to be a virgin is under an obligation to conceal her true condition.  The reason for this rule is (i) to protect her privacy and (ii) its legal irrelevance to the husband, despite his desire that she be a virgin.  Finally, a husband who accuses his wife of having engaged in pre-marital intercourse is subject to punishment as a slanderer.

 Mohammad Fadel



Maliki doctrine(none / 0) (#10)
by G. Willow Wilson on Wed Feb 21, 2007 at 12:52:10 PM EST
That's comforting to know. How quickly we forget. ;) Thanks Professor.

[ Parent ]




Fatwas(none / 0) (#9)
by Eterazian Dreams on Wed Feb 21, 2007 at 12:25:07 PM EST
concerning penile and breast implants comming right up ;-)



Great!(none / 0) (#11)
by humeirah on Wed Feb 21, 2007 at 01:47:34 PM EST
Glad to hear that...especially after witnessing the bulk of divorce petitions from un-virgin men starting off with "Petitioner was shocked when he discovered that his wife was not a virgin."



Egypt: No Niqab at local mosques(none / 0) (#12)
by dmz on Wed Feb 21, 2007 at 06:38:41 PM EST

A similar story that might be of interest.

First paragraph:

Cairo, 21 Feb. (AKI) - Local officials of Egypt's religious affairs ministry have refused to apply a circular issued by the minister ordering any murshidat (female preachers) wearing the full-face niqab to be removed from mosques and put to administrative tasks. The aim of the measure, according to the independent daily al-Masri al-Yom was to ensure that the recently appointed woman preachers did not contribute to spreading too strict or radical an interpretation of Islam. "How can we stop these women carrying out their job and punish them for virtuous behaviour, according to the precepts of the Koran?" one mosque official told the paper.

Reminds me of Turkey's Hijab ban.





This is the stuff reality is made of ...(none / 0) (#13)
by Nedal Hindi on Wed Feb 21, 2007 at 07:00:20 PM EST

This is the sort of reform that is possible and will be welcomed by a majority of people. It is idiotic (Islamically) for society to place value for chastity on one and not the other. Or for people to forget that primarily, the Qur'an is talking to the individual believer to behave since you're not going to get four eye-witnesses to a private criminal act. What the Al-Azhar scholars have said is directly in tune with traditional Islamic values that the majority of devout, moderate Sunnis, Shi'as, Salafis and Usuli (madhabi) Sufis already believe in. There is a lot we can do, and it would help if we stay true to the teachings while propagating these values. I mean the latest from Bob Spencer, UBL, or  even Manji and Nomani is going to get a lot of airtime. It is up to us to get air time to simple things such as that Qur'an calls both males and females to modesty, or that Muslims, Christians, and Jews should all be thinking how we can give universal health coverage.





Not sure what is novel about this, islamically?(none / 0) (#14)
by ayanafridi on Thu Feb 22, 2007 at 11:53:10 AM EST

This is the generally accepted rule amongst the majority of sunni traditionalist scholars. This fatwa has more to do with social reform if anything, more of a "reminder" fatwa than anything else, with good purpose.

Will people confuse this with reform of Islam (which of course those who some may call "fundamentalists" will oppose), as opposed to just a restatement (not meant w/the american legal connotation) of the law?



*shrug*(none / 0) (#15)
by kitkat on Fri Feb 23, 2007 at 09:36:18 AM EST
Probably, unless average people who feel this way tell their friends, family, colleagues, & classmates what you just said (that it's a "reminder" fatwa) whenever the opportunity comes up to teach them that sometimes legal opinions that go against status quo practice are Islamic reminders rather than Islamic reforms.

[ Parent ]





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