Is a guardian liable for performing circumcision on a minor without the explicit permission of the child's guardian?

General Chapter

Al-Mughni

Book of Leasing

Book 25 · Issue 1 · Bab 1

Open in Qurani

Primary text

Liability for unlawful bodily alteration rests upon the individual who performed the action without authorization. If one circumcises a minor without the permission of the minor's guardian, that person is liable for the resulting injury because the action performed was unauthorized. Liability is negated only when the act is performed by the ruler (Hakam), someone who holds legitimate guardianship over the individual, or someone explicitly permitted by them to act, as such actions are sanctioned by the religious law.