The Supreme Court witnessed a day of intense legal arguments and religious testimony as the lawsuit to decriminalise female circumcision (FGM) continued.
Counsel Okete, representing the State, opened the session by arguing that cultural practices accepted in the 19th century are no longer compatible with modern human rights. He asserted that the Supreme Court must uphold the ban on Female Genital Mutilation (FGM) due to its inherent harm.
“The Constitution guarantees the rights of all,” Okete argued. “The consent of victims is not sought before these procedures. The National Assembly represents the people, and their decision to protect women and children must be respected.” He concluded by maintaining that the Women’s Act is both lawful and valid.
Following the State’s argument, Counsel J. Darboe called Imam Abdoulie Fatty as the first witness for the plaintiff.
After taking an oath to speak the truth, the Imam introduced himself as a resident of Bakoteh, a teacher, and an Imam.
Direct Examination by Counsel J. Darboe
Counsel J. Darboe: Do you know why you are here?
Imam Fatty: Yes.
Counsel J. Darboe: What is that?
Imam Fatty: I am here for Islam and the Prophet regarding female circumcision.
Counsel J. Darboe: Are you aware that female circumcision is banned in The Gambia by the National Assembly?
Imam Fatty: Yes.
Counsel J. Darboe: Can you tell the court your knowledge about female circumcision?
Imam Fatty: We are here for female circumcision, not FGM. If it were about FGM, we would not be here because that is haram (forbidden), which involves cutting the labia, and that does not happen in The Gambia.
Since female circumcision has been practised in this country, according to them (anti-circumcision), only two people have died.
He continued: “God advised us to follow whatever the Prophet advised. If you have Type 1 diabetes, you cannot cure it like Type 2. We are following ‘Type 1’ [circumcision], and let them bring any proof of harm. The Prophet does not advise on his own will; it comes from God.
A Hadith says a woman who had not undergone the procedure during the Prophet’s time was asked to undergo it by cutting a small part. Another Hadith says female circumcision is part of the cleanliness of Islam for both males and females, including cutting your nails and armpits.”
Imam Fatty: The Prophet said if a man sits between the legs of a woman and the circumcised parts touch, they must perform a ritual bath. When two women joined Islam, they were asked to be taken to be cleaned through female circumcision. Some ask if the Prophet’s wives and children performed it; the Prophet’s people did it.
He told a female circumciser to continue but advised her to “cut only a small part.” In the schools of thought, Imams say it is Sunnah. In our society, all tribes practice it; they are strong, never face complications, and give birth to many children without even needing a paracetamol.
We have been practising this without problems. Let white people help us with development, not bring problems about circumcision.
The session opened with the defence of Counsel Okete, representing the State, arguing that the cultural acceptance of female circumcision in the 19th century is no longer valid. He stated that the Supreme Court should not allow the practice of Female Genital Mutilation (FGM) as it is harmful.
He further stated that the Constitution guarantees the rights of all citizens and argues that victims’ consent is not sought before the procedure is conducted. He noted that the National Assembly represents the people and their decisions must be respected. He emphasised that the State has a national responsibility to protect all citizens, including women and children.
He invited the Supreme Court to utilise the jurisprudence of the law. In conclusion, he argued that the Women’s Act is lawful and valid.
After his argument, Counsel J. Darboe called Imam Abdoulie Fatty to the stand as the first witness for the plaintiff against the banning of female circumcision.
Imam Abdoulie Fatty took an oath to speak the truth and prayed for God’s guidance. He introduced himself as a resident of Bakoteh and stated his occupation as an Imam and teacher.
Counsel J. Darboe: Do you know why you are here?
Imam Fatty: Yes.
Counsel J. Darboe: What is that?
Imam Fatty: I am here for Islam and the Prophet, regarding female circumcision.
Counsel J. Darboe: Are you aware that female circumcision is banned in The Gambia by the National Assembly?
Imam Fatty: Yes.
Counsel J. Darboe: Can you tell the court your knowledge about female circumcision?
Imam Fatty: We are here for female circumcision, not FGM. If it were about FGM, we would not be here because that is haram (forbidden). That involves cutting the labia, and that does not happen in The Gambia.
He stated that since female circumcision has been practiced in the country, according to anti-circumcision groups, only two people have died from the practice.
He said God advised them to follow anything the Prophet advised. He used an analogy, stating that if you have Type 1 diabetes, you cannot cure it as if it were Type 2.
He stated they are following “Type 1” (the Sunnah method) and challenged others to bring proof of harm. He said the Prophet does not advise based on his own will, but from the word of God.
He cited a Hadith stating that during the Prophet’s time, a woman who had not undergone the procedure was asked to undergo circumcision by cutting only a small part.
Another Hadith mentioned that female circumcision is part of the cleanliness of Islam for both males and females, alongside cutting nails and trimming armpit hair.
He stated the Prophet indicated that “cleanliness is Godly.” The Prophet said that if a man sits between the legs of a woman and the part of manhood touches the part of the woman that should be circumcised, he or she must perform a ritual bath.
He mentioned that two women joined Islam and were asked to be taken to be “cleaned” via female circumcision.
Regarding questions about whether the Prophet’s wives and children underwent the procedure, he called the question an insult to Muslims but stated he would respond.
He asked rhetorically how “Na Awa” (Eve) could take her children to circumcision without knowledge. He stated that the Prophet’s people practised it.
The Prophet asked a female circumciser if she still practiced her trade; she replied yes, unless the Prophet advised her to stop. The Prophet then told her he would teach her and advised her to cut only a small part.
He stated that according to schools of Islamic thought, Imams say it is Sunnah. He referenced a text on page 10 stating that female circumcision is Sunnah, while male circumcision is compulsory.
He stated that in Gambian society, all tribes practice female circumcision; they are strong, never faced complications, and gave birth to many children without issues—sometimes without even taking paracetamol during birth.
He claimed they have practiced it without problems. He advised that Westerners should help the country with development instead of bringing problems regarding female circumcision, as he believes there is no issue with it.
He said the Parliamentarians changed the law without consulting religious leaders, despite religious leaders having declared that female circumcision is a religious matter. He claimed the government only engaged a few people on their side and claimed that was the position of religious leaders.
Cross-Examination by Counsel Okete (for the State)
Counsel Okete: Imam Abdoulie Fatty, are you a medical doctor?
Imam Fatty: No, I am not a medical doctor.
Counsel Okete: Is it true that those who pass through female circumcision come to you?
Imam Fatty: I have four wives and they gave birth to 16 girls, and they all underwent female circumcision.
Counsel Okete: You said two people died of female circumcision?
Imam Fatty: No, they (the activists) are the ones who said that; I was quoting them.
Counsel Okete: So, they died of female circumcision?
Imam Fatty: Yes, according to them.
Counsel Okete: What did you say to their families?
Imam Fatty: We are Muslims, and if someone dies, it is God’s destiny. People who go to battle die; people say if they hadn’t gone to battle they wouldn’t have died, but God sent a message saying even if they were in their houses, they would die.
Counsel Okete: What are the traditional benefits of female circumcision?
Imam Fatty: In Islam, it is for cleanliness and to control the female desire for sex. Women are in the country while their husbands are abroad, and they keep themselves chaste.
Counsel Okete: Are you aware of the Constitutional provisions on this issue?
Imam Fatty: The law was brought by women and not Gambians. Let them ask the whole country.
Counsel Okete: Who is your representative in Parliament?
Imam Fatty: Hon. Madi Ceesay.
Counsel Okete: And he was among the people who passed the law?
Imam Fatty: No, it was the majority carrying the vote. But some members like Almami Gibba and the member for Kiang West stood against it.
Counsel Okete: But it was the decision of the members?
Imam Fatty: I know Madi and we spoke about it.
Cross-Examination by Counsel L. Farage (for the Female Lawyers Association)
Counsel L. Farage: Can you tell us anywhere in the Quran where female circumcision is mentioned?
Imam Fatty: In Surah Al-Asr, God advised to follow the Prophet’s advice and deeds.
Counsel L. Farage: Do you know that the Quran is the only word of God from Allah?
Imam Fatty: Yes, the Quran is Allah’s word.
Counsel L. Farage: And Hadiths are narrations from human beings. Is that correct?
Imam Fatty: Everything the Prophet said is from Allah; the Prophet does not speak from his own opinion.
Counsel L. Farage: Are you aware that Hadiths contradict each other on this issue?
Imam Fatty: No Hadith has prohibited female circumcision, but some are stronger than others.
Counsel L. Farage: So, your use of the word “stronger” means there are weak ones?
Imam Fatty: Yes.
Counsel L. Farage: The narration you mentioned comes from Abu Dawood?
Imam Fatty: Yes.
Counsel L. Farage: Abu Dawood said this Hadith is, in fact, weak because of the confusion of the narrator, Muhammad Hassan.
Imam Fatty: The man is known throughout the world for his Hadith said.
Counsel L. Farage: Islam is not only practiced in The Gambia. Do you agree with that?
Imam Fatty: Yes.
Counsel L. Farage: So, those who are not practicing it are still Muslims?
Imam Fatty: Yes, they found their people not doing it, but that shouldn’t mean that we who choose to do it should be banned. Since you talk about human rights, then our rights should be respected.
Counsel L. Farage: Those who are not practicing—have they diverted from Islam?
Imam Fatty: No one has ever said that.
Counsel L. Farage: You mentioned that the practice may have been performed the wrong way in The Gambia.
Imam Fatty: It is a profession; some can do it well and some do not. That is why we are asking to teach it medically.
Counsel L. Farage: Did you visit the site of female circumcisions?
Imam Fatty: Female circumcision is a secret and men do not go there.
Counsel L. Farage: Who does it?
Imam Fatty: Every part of the country—from Mandinka, Jola, Fula, Serehule, Wolof all over the country. It is a choice.
Counsel L. Farage: You mentioned “choice” whose choice?
Imam Fatty: The parents’.
Counsel L. Farage: Who trained the local female circumcisers?
Imam Fatty: This is why we said to medicalize it and not criminalize it.
Counsel L. Farage: Do you know what tools they use?
Imam Fatty: I cannot tell you that, but if you ask me about men’s circumcision tools, I could.
Counsel L. Farage: But you said two people died.
Imam Fatty: Yes, but my child died through an accident, and women died during operations including the child.
Counsel L. Farage: So, for you, the State shouldn’t intervene in circumstances where someone’s action causes the death of another?
Imam Fatty: Killing people takes three forms: intentional, unintentional, and something similar to intentional. The female circumciser never had an intention to kill any child. No person has died in Bakoteh, Brikama, or Basse all over the country, they only said two out of a two million population.
Counsel L. Farage: Are all the places you mentioned still practicing it?
Imam Fatty: God knows.
Counsel L. Farage: You told us that two people died.
Imam Fatty: That is what I heard.
Counsel L. Farage: So, you did not know it as a fact; you just heard it?
Imam Fatty: Hearing, feeling, and seeing are all forms of knowledge.
Counsel L. Farage: There could be a child who died that you didn’t know about.
Imam Fatty: I said if you know of one, tell us.
Counsel L. Farage: Do you know female circumcision is banned by law?
Imam Fatty: That is why we are here.
Counsel L. Farage: And you must follow the law.
Imam Fatty: Everywhere, it is the people that make a country. Any law that is coming into force must respect the culture and religion of the people.
Counsel L. Farage: Imam Abdoulie Fatty, you should follow the law until it is lifted. Do you agree?
Imam Fatty: Allah said this, and you said that, and you want me to follow you and leave God? When I die and meet God, I will be without you. I would rather die than follow you.
Counsel L. Farage: You are here to support Almami Gibba in lifting the ban, but unless it is lifted, it is the law.
Imam Fatty: There was no referendum; you didn’t consult anyone. The Islamic Council, the Islamic Enlightenment Society, and other religious leaders were consulted, but you didn’t take their positions.
Counsel L. Farage: Do you know that the National Assembly banned female circumcision?
Imam Fatty: How did it come about?
Counsel L. Farage: I know you were aware on the day the National Assembly banned female circumcision because you were there, and you said you support anyone who wants to practice it.
Imam Fatty: Yes.
Counsel L. Farage: So, you are supporting people to break the law?
Imam Fatty: No, I am not breaking the law; I am defending Islam.
Counsel L. Farage: You paid the fines for Yassin and Nano when they were convicted.
Imam Fatty: The women were put on a motorbike for seven kilometers during their arrest and taken to court. When it was confirmed, I went to defend their human rights.
Counsel L. Farage: So, the child that died didn’t have human rights
Imam Fatty: Female circumcision is not against human rights.
Counsel L. Farage: Those children who died—did they not have human rights?
Imam Fatty: What about the woman who dies in an operation? They have the right to live, but it is God’s destiny for them to die.
Counsel L. Farage: The child and women didn’t have the right to live?
Imam Fatty: Who said that?
Counsel L. Farage: With regards to the Prophet, there is no evidence of any woman in his household who underwent female circumcision.
Imam Fatty: I tell you, let us not talk about the Prophet’s family regarding circumcision; that is an insult. Who would ask the Prophet’s wife, “Did you perform female circumcision?”
Counsel L. Farage: I’m asking whether you know or not if the Prophet’s wife underwent female circumcision.
Imam Fatty: I tell you, you cannot investigate the Prophet’s wives, but the Prophet’s wife advised someone in her house to take someone for female circumcision.
Counsel L. Farage: I am putting it to you that the Prophet did not teach anyone about circumcision.
Imam Fatty: He did.
Counsel L. Farage: You said the reasoning behind female circumcision is that it reduces a woman desire for sex.
Imam Fatty: The Prophet advises that a woman’s desire for a man has to be limited, because if the woman’s desire is higher than the man’s, it is not good.
Counsel L. Farage: You said six women can have one man according to the population, and still, women remain. Where did you get that information?
Imam Fatty: Go to the statistics bureau and you will find the information. The Prophet said at the end of the world, there will be one man to fifty women.
Counsel L. Farage: You said it has to do with cleanliness, but who teaches people how to cut their nails?
Imam Fatty: Some people cannot cut their own nails.
Counsel L. Farage: Imam Abdoulie Fatty, you just said that if a person didn’t die from female circumcision, it doesn’t mean they weren’t hurt.
Imam Fatty: I told you not all do it properly. Dr. Faal said when you cut, only a small drop of blood comes out, like when someone hurts a finger.
Counsel L. Farage: Are you aware that there is harm?
Imam Fatty: I said if it is done properly, it is not harmful. The people sitting here and my four wives are all good examples.
Counsel L. Farage: So, the State should surrender its responsibility to protect its citizens?
Imam Fatty: Then why not also ban male circumcision?
Counsel L. Farage: Do you agree that female circumcision is harmful?
Imam Fatty: What is harmful? Islam does not support harm.
Counsel L. Farage: Medical certificates and research prove that it harms.
Imam Fatty: It is not harmful.
Counsel L. Farage: While you are promoting FGM, are you aware of the medical reports on FGM?
Imam Fatty: We are talking about female circumcision, not FGM. Please show me one person one woman who died in labor because of female circumcision.
Counsel L. Farage: Have you read anything in connection with medical reports on the harmfulness of the practice?
Imam Fatty: People have rights regarding the Sunnah of the practice, and doctors like Faal confirmed the practice as harmless.
Counsel L. Farage: So, your answer is that you didn’t read anything about the reports?
Imam Fatty: I have read reports that support it and some that say it’s harmful.
Counsel L. Farage: Can you tell us which harmful reports you read?
Imam Fatty: All those from the side of the UN, GAMCOTRAP, and other organizations. Let them leave us in peace and allow those who wish to practice it to do so.
Counsel L. Farage: So, you have not read anything about the harm of FGM?
Imam Fatty: I am here for female circumcision. I don’t focus on those reports because I don’t believe them. The WHO in 1979 said there was no harm.
Counsel L. Farage: Are you aware that harmful practices are happening in The Gambia?
Imam Fatty: Why not educate them?
Counsel L. Farage: We will bring the women who were harmed before the court. You are only telling me about the people in court.
Imam Fatty: I am telling the whole country.
Counsel L. Farage: Do you not listen to the people who say it is harmful to them?
Imam Fatty: They are not telling the truth. They are married and have given birth. They do it for money.
Counsel L. Farage: Are you aware of the various types of female circumcision in The Gambia?
Imam Fatty: Type 1 and Type 2.
Counsel L. Farage: What is Type 1?
Imam Fatty: Type 1—if you practice it on a child, the next day she will be playing. Type 2—they remove the whole part. We are not in favor of Type 2; we have been educating people and encouraging Type 1.
Counsel L. Farage: That is what Islam is practicing?
Imam Fatty: If you people listen to us, you will be free because we are not people who will harm; Islam does not harm.
Counsel L. Farage: You mentioned that you have been teaching about female circumcision.
Imam Fatty: Yes.
Counsel L. Farage: And you also told us there are two types. How do you teach?
Imam Fatty: None of my children failed to pass through female circumcision.
Counsel L. Farage: I am asking if you have performed female circumcision.
Imam Fatty: You don’t know The Gambia, because males don’t get close to female circumcision.
Counsel L. Farage: Are you aware of females being “sealed” (infibulated)?
Imam Fatty: I didn’t tell you that, and I wasn’t referring to that.
Counsel L. Farage: But you mentioned Type 2.
Imam Fatty: Sometimes the person who performs it doesn’t clean the blood, and the blood seals the person.
Counsel L. Farage: But that type is practiced here.
Imam Fatty: Who says we support that? That is why we said let’s medicalize it.
Cross-Examination by Counsel L. Mboge (for the National Assembly)
Counsel L. Mboge: I am a believer in the Prophet and I am a Muslim. Can you tell the court whether female circumcision came before Islam?
Imam Fatty: Islam came first and then tradition came later, but the Prophet’s time found the practice already there.
Counsel L. Mboge: Would you believe that the Prophet found it here?
Imam Fatty: Yes, and he agreed with it.
Counsel L. Mboge: Since Adam and Eve, how many Prophets have come?
Imam Fatty: 166,666. (I am not sure of the exact number).
Counsel L. Mboge: In your submission, you haven’t mentioned any other Prophet who endorsed the practice.
Imam Fatty: Ibrahim (Abraham).
Counsel L. Mboge: Why in your evidence-in-chief did you not say that it has happened since the time of Ibrahim and Adam?
Imam Fatty: I said Adam brought Islam into the world.
Counsel L. Mboge: You said there is a Hadith that says anything the Prophet advises or brings, we should follow.
Imam Fatty: It was God who said it; I didn’t say the Prophet said it.
Counsel L. Mboge: You told this court that the practice of female circumcision was happening before the coming of the Prophet. So, are you interpreting the practice from before or after his coming?
Imam Fatty: Anything the Prophet endorsed is accepted.
Counsel L. Mboge: You referred to a Hadith and its narration.
Imam Fatty: Yes.
Counsel L. Mboge: Can you tell how long female circumcision has been in existence?
Imam Fatty: When the Prophet came, it was known; before that, we referred to Ibrahim. But after the coming of the Prophet, anything he accepted or endorsed is Islam.
Counsel L. Mboge: You said there are two types and the other one is not Islamic.
Imam Fatty: I have said Islamic circumcision is Type 1, and the rest are not accepted by Islam.
Counsel L. Mboge: Does it affect one’s life as a Muslim?
Imam Fatty: The Hadith says it is incumbent on all men and women, and if a woman does it, she will be rewarded.
Counsel L. Mboge: So, all schools of thought agree that if you don’t do it, it doesn’t affect your way of life as a Muslim?
Imam Fatty: No.
Counsel L. Mboge: Do you have any statistics from reports on female circumcision?
Imam Fatty: You people who conducted the study said it is 75%.
Counsel L. Mboge: No, it is 25%. Can you tell the court the percentage of tribes that perform the practice?
Imam Fatty: That is not my job.
Counsel L. Mboge: Regarding the reason you gave for female circumcision—you mentioned the desire of a woman.
Imam Fatty: Yes.
Counsel L. Mboge: Are you saying that if a woman is not circumcised, she will be “playful”?
Imam Fatty: It is both.
Counsel L. Mboge: So, it occurs with or without circumcision? It is a matter of desire and mindset.
Imam Fatty: The countries that do not practice it are the ones facing different illnesses.
Counsel L. Mboge: So, are you saying the law has to wait until someone dies?
Imam Fatty: The law found people already dying from other things.
Counsel L. Mboge: You are among the propagandists; why didn’t you take it upon yourself to teach the people instead of waiting for the State to educate them?
Imam Fatty: They are the ones who banned it.
Counsel L. Mboge: I am putting it to you that female circumcision is not Islamic.
Imam Fatty: It was endorsed by the Prophet.
Counsel L. Mboge: Do you know that the first, second, third, and fourth plaintiffs were the accused persons in the Kuntaur Magistrate Court and they pleaded guilty?
Imam Fatty: We learned that they were fined and decided to go and pay the fine; we were not in court.
Counsel L. Mboge: I am further putting it to you that the case you present to the court is an extremist case and not a liberal one.
The court dismissed the question and the witness was discharged. The case adjourned to Monday for the testimony of the second witness.
