The Epistemology of Gender Justice In Islamic Legal Discourse on FGM/C: Legitimacy, Authority, And The Reconstruction of Fiqh In KUPI

Abstract

This study aims to analyse the epistemology of gender justice in Islamic legal discourse on female genital mutilation/cutting (FGM/C) by highlighting the mechanisms through which religious legitimacy is produced, the role of socio-religious authority, and the reconstruction of fiqh from the perspective of the Indonesian Women Ulama Congress (KUPI). This study is significant because FGM/C in Indonesia persists not only as a socio-cultural practice, but is also frequently legitimised as a religious norm, despite its problematic textual basis and questionable medical benefit. The study employs a qualitative approach based on library research, with purposive data collection from primary documents, namely the outcomes of the KUPI II Religious Deliberation on P2GP without medical grounds, fiqh and hadith references used in debates on khifāḍ, and health regulations concerning female circumcision, supplemented by secondary data in the form of academic articles, books, and reports published by national and international institutions. The analysis is conducted through a thematic-critical reading that combines mapping the mechanisms of legitimacy, contextual hermeneutics, and normative evaluation grounded in maqāṣid al-sharī‘ah. The findings show that the legitimacy of FGM/C in Islamic legal discourse is sustained more by selective use of scriptural evidence, the normalisation of ‘urf, and the reinforcement of socio-religious authority than by any explicit and authoritative textual mandate. The study also finds that KUPI’s critical-transformative approach reconstructs fiqh by positioning maqāṣid al-sharī‘ah, contextual hermeneutics, and women’s lived experiences as epistemic foundations for assessing harm, thereby leading to the rejection of practices that are harmful and lack medical grounds. The implications of this study underline the importance of renewing methods of legal reasoning in fiqh, strengthening religious education from a protection-oriented perspective, and fostering synergy between religious authorities, healthcare services, and state policy in the prevention of FGM/C. The originality of this study lies in its shift of focus from debates on health or human rights to the epistemological question within Islamic law, while also positioning KUPI as a model for the reconstruction of fiqh grounded in gender justice and the protection of women’s bodily integrity.