The Weak Case Against Male Circumcision
A German court has declared male circumcision illegal. But instead of engaging with legal arguments, the ruling perpetuates anti-religious clichés and prejudices.
A German court has declared male circumcision illegal. But instead of engaging with legal arguments, the ruling perpetuates anti-religious clichés and prejudices.
A German provincial court in the city of Cologne has ruled that male circumcision constitutes a form of bodily harm. To Muslims, the ruling stands as a blatant and illegitimate interference with the right of religious self-determination and the rights of parents. Additionally, rather than clarifying the legal situation, the ruling has introduced further uncertainty for all parties.
Religious freedom is a public good, and specifically protected by the constitution. It must not become the object of one-sided jurisprudence, especially if rulings serve to entrench already existing stereotypes and clichés. Male circumcision, called “tahara” in Islam, is a part of Muslim traditions and follows ancient practices that have been embraced by all monotheistic religions without much complication. It remains the judges’ secret why the practice must suddenly be prohibited in Germany.
The opponents of circumcision, among them several jurists and judges, often pursue political motives and attempt to criminalize Jews and Muslims with much polemic rhetoric, but without much substantial knowledge. While society welcomes religious values like empathy and security, anti-religious extremism is undermining pluralistic societies - especially when it shows its own proselytizing tendencies. The writer Navid Kermani has called the court ruling “a triumph of vulgar rationalism.”
The protection of religious integrity is of the highest value.
But it becomes threatened when extremist groups claim to possess discursive authority in legal matters by looking at issues through glasses that are tinted with cultural or religious prejudice and when they seek to restrict or ridicule the religions, cultures, and ways of life of others. This is a problem within Muslim communities as well, and while some resist pointing the finger at ourselves, we must face up to honest criticism.