COMPARATIVE CRITIQUE ON THE PROHIBITION OF FEMALE CIRCUMCISION IN NIGERIAN

Qur’an does not contain express text that resolvearguments on the cultural practice of Female Circumcision,whereas there are Sunnah of the Prophet (s.a.w) thatdescribe the practice as optional. The Sunnah of theProphet (s.a.w) does not directly prohibit the practice.However, it allows the exercise to be light with cautionagainst harming women, On the other hand, femalecircumcision is outrightly prohibited and sanctioned bymunicipal, regional and international laws. Nigeria beingresponsible member of the international community haspromulgated legislations and policy guidelines foreffective and sustainable eradication of femalecircumcision. It is in the light of the foregoing; this paperappraised the practice of female circumcision within theNigerian legal framework. It also appraised the subjectfrom Islamic law perspective. The paper further appraisesthe effectiveness of the laws and policies as to whether ithas achieved its objectives. The paper principallyemployed doctrinal research methodology, but due to thecomplexities and sensitivity of the subject, interviews wereconducted on selected respondents. It is found that theexisting legal framework prohibiting the practice of femalecircumcision has not achieved it desirable objective, because of lack of awareness of the existence of the lawsby majority of the victims. 

File: 7 Unimaidjicol_Vol9_No1__June2024_95-111

Abstract
Reviews

Qur’an does not contain express text that resolve
arguments on the cultural practice of Female Circumcision,
whereas there are Sunnah of the Prophet (s.a.w) that
describe the practice as optional. The Sunnah of the
Prophet (s.a.w) does not directly prohibit the practice.
However, it allows the exercise to be light with caution
against harming women, On the other hand, female
circumcision is outrightly prohibited and sanctioned by
municipal, regional and international laws. Nigeria being
responsible member of the international community has
promulgated legislations and policy guidelines for
effective and sustainable eradication of female
circumcision. It is in the light of the foregoing; this paper
appraised the practice of female circumcision within the
Nigerian legal framework. It also appraised the subject
from Islamic law perspective. The paper further appraises
the effectiveness of the laws and policies as to whether it
has achieved its objectives. The paper principally
employed doctrinal research methodology, but due to the
complexities and sensitivity of the subject, interviews were
conducted on selected respondents. It is found that the
existing legal framework prohibiting the practice of female
circumcision has not achieved it desirable objective, because of lack of awareness of the existence of the laws
by majority of the victims.

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