Imam Fatty, a prominent religious leader, gave evidence as part of proceedings at the nation’s highest court. His testimony forms part of a broader debate on the intersection of law, religion, and human rights in The Gambia, particularly concerning the practice of FGM.
Testimony in Chief
Led in evidence by Defence Counsel L. J. Darbo, Imam Fatty told the court that he was there “for Islam, to defend circumcision as understood from what Allah and the Prophet (peace be upon him) said, and what our elders practised.”
He acknowledged that the law has banned the practice but distinguished between FGM and what he termed “female circumcision.” According to him, FGM, where “everything is removed,” is harmful and not permitted, while the lighter form of circumcision – referred to as “type one” – is rooted in Islamic tradition.
Quoting Quranic verses and Hadiths, Imam Fatty argued that the Prophet spoke about circumcision and advised moderation. He cited Hadith number 5,271, narrated by Umm Atiyyah, which instructs that if circumcision is performed, only a small part should be cut. He said this narration was supported by scholars and emphasised that Islam teaches cleanliness for both men and women.
Fatty added that circumcision has been practised in Gambian society for generations, “including by mothers and grandmothers”, and described it as a matter of modesty. “Those who do it are not the ones dying,” he said, noting that reports of deaths were rare.
He insisted that the government should not interfere with religious practice: “Those who do not want to do it should not be forced. Those who want to do it should be allowed.”
Cross-Examination by Counsel Okeke
Under questioning, Imam Fatty admitted he was not a medical doctor but said he had married four women, all circumcised, and had seventeen daughters, all circumcised.
Asked about reported deaths linked to the practice, he replied: “That is what was said. As Muslims, we believe death comes from Allah.”
He described the benefits of circumcision as cleanliness and reducing excessive sexual desire in women. He acknowledged the constitutional provision banning FGM but claimed it was “pushed by women influenced from outside, not Gambians.”
Cross-Examination by Counsel L. Farage
Counsel Farage pressed Imam Fatty on whether female circumcision is mentioned in the Quran. Fatty replied: “Not everything comes directly from the Quran. The Hadiths explain the Quran.”
He argued that no Hadith prohibits female circumcision, but rather they advise moderation. He cited Abu Dawud and other narrations, noting that some Hadiths are strong and others weak, but the practice is recognised worldwide.
Fatty stressed that female circumcision existed before Islam and was regulated by the Prophet. He said it is practised by almost all tribes in the Gambia, though it remains a family choice. He argued that the practice should be “medicalised, not criminalised,” and insisted he had not told anyone to break the law but only to practise their religion.
Further Cross-Examination by Counsel L. K. Mboge
Imam Fatty reiterated that FGM involving removal of everything – types 2, 3, and 4 – should be criminalised, but type 1 should be permitted. He said some women had reported marital problems linked to type 2, which he rejected.
He explained that female circumcision existed before the Prophet, who endorsed moderation. He added that even without circumcision, a Muslim remains a Muslim, noting that different schools of thought treat it as either obligatory or optional.
Fatty estimated that about 70% of Gambians practise it and argued that reducing desire is not the only factor, as upbringing and training also matter. He concluded that the practice is a tradition regulated by Islam, not against it.
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