Is a practitioner liable for the consequences of circumcising an adult male or female who had not been circumcised previously, upon the order of the ruler (Sultan)?

General Chapter

Al-Mughni

Book of Beverages (Intoxicants)

Book 53 · Issue 2 · Bab 1

Open in Qurani

Primary text

If a practitioner circumcises an adult male or female who had not been circumcised, upon the order of the ruler, liability depends on the perceived risk. If medical experts assert that circumcising that specific person is fatal, or if fatality is the dominant outcome, the practitioner is liable, as the act is not permissible for them in those cases. However, if safety is the dominant outcome, and the procedure occurs in a moderate season (not excessively hot or cold), the practitioner is not liable. This view is held by Al-Shafi'i.

Supporting text

Abu Hanifa and Malik hold that circumcision is not obligatory. Their evidence is the report stating, 'Circumcision is a Sunnah for men and an honor (*makramah*) for women.'