Criminalizing Female Genital Mutilation in Some Islamic Countries Including Iran

Seyed Reza Ehsanpour, Seyedeh Fateme Ehsanpour

Abstract


Background and Aim: This article presents some perspective on Female Genital Mutilation by focuses on Islamic countries law.

Materials and Methods: A handful of legal texts and documents and have been reviewed for preparing this study.

Ethical Considerations:Honesty in the literature and citation analysis and reporting were considered.

Findings: Female Genital Mutilation is usual in some countries especially in Islamic countries due to belief that the Sharia made it necessary or at least called it recommended. Although there is no precise virtual and holy verses or texts approve this view but Female Genital Mutilation became a part of some countries custom and tradition. It is obviously a violent act against girls and women and governments try to prohibit it by criminalizing and determining sentence for its performance. Many international and regional instruments and documents also recommended against it.

Conclusion: in some Islamic countries including Iran there is not specific rule or provision criminalizes Female Genital Mutilation. Here the authorities can prosecute the offender under general criminal law. Because Female Genital Mutilation is a kind of inflicting bodily harm, the prosecutor may make a trial based on Assault. And if it results in victim death the judge may convict the performer to Homicide or man slaughter. On the other hand, in some countries like Kenya the legislator passed detailed and comprehensive provision on Female Genital Mutilation.

 


Keywords


Genital Mutilation; Punishment; International Documents; Custom; Crime; Criminalizing; Islamic Countries

Full Text:

PDF

References


World Health Organisation (2001). Female genital mutilation. A student manual. Geneva: WHO.

UNICEF (2005). Changing a harmful social convention : Female genital muilation/cutting. Innocenti Digest.

Ng, F. (2000). Female genital mutilation; its implications for reproductive health. An overview. The British Journal of Family Planning, 26, 47–51

Ross CT, Strimling P, Ericksen KP, Lindenfors P, Mulder MB. The Origins and maintenance of female genital modification across Africa. Human Nature. 2016;27(2):173-200.

Mohammad, R. (1999). Cultural and social dimensions of FGM. 1999 Feb 23. London: Forward.

Andro A, Lesclingand M. Female genital mutilation. Overview and current knowledge. Population. 2016;71(2):215-296.

Rodriguez SW. Rethinking the History of Female Circumcision and Clitoridectomy: American medicine and female sexuality in the late nineteenth century. Journal of the History of Medicine and Allied Sciences. 2008;63(3):323-347.

http://www.medinstgenderstudies.org/wp-content/uploads/endFGM-factsheet-EN-online4.pdf/

http://www.who.int/bulletin/volumes/88/4/09-064808/en/

https://www.ncbi.nlm.nih.gov/pmc/articles/PMC5422681/

The world Bank, Compendium of International and National Legal Frameworks on Female Genital Mutilation, 2018; 2nd Ed. Washington DC.

Islamic Penal Code (Islamic Republic Of Iran), 2013 (Article 614)

Penal Code, 1976 (Article 275)

Act no. 8 of Combating Domestic Violence in Kurdistan Region – Iraq of June 21, 2011, available at http://www.ekrg.org/files/pdf/combat_domestic_violence_english.pdf (last accessed on December 10, 2017), official translation

Law 21 of 2015 on Children's Rights, available at http://www.ilo.org/dyn/natlex/docs/ELECTRONIC/101761/122759/F341630514/K1.pdf

https://www.hrw.org/news/2015/02/10/human-rights-watch-submission-cedaw-committee-yemens-periodic-report-62thsession

https://www.hrw.org/world-report/2017/country-chapters/yemen

Law No. 78 for 2016 amending article 242-bis of the Penal Code and introducing a new article 242-bis(a).

Penal Law, 1976 (Article 14)

Children’s Law of Liberia (2011) (Article 20)

Executive Order No. 92 on Domestic Violence

Women’s (Amendment) Act, 2015 (Article 32)

Criminal Code, 1960 (Article 69)

Prohibition of Female Genital Mutilation Act No.32 of 2011




DOI: http://dx.doi.org/10.18415/ijmmu.v6i5.1140

Refbacks

  • There are currently no refbacks.


Copyright (c) 2019 International Journal of Multicultural and Multireligious Understanding

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.

International Journal of Multicultural and Multireligious Understanding (IJMMU) ISSN 2364-5369
https://ijmmu.com
editor@ijmmu.com
dx.doi.org/10.18415/ijmmu
facebook.com/ijmmu
Copyright © 2014-2018 IJMMU. All rights reserved.