A Gruesome Practice

Female genital mutilation (FGM) involves the partial or complete removal of the female external genitalia. The Gambia and Somalia have particularly high FGM prevalence rates. According to UN Women, their FGM rates are estimated at 76.3% and a staggering 99%, respectively. Political dialogue surrounding this practice has centered on whether it should be prohibited or protected on religious grounds. In The Gambia and Somalia, FGM legislation processes reveal how religious authority is both formally and informally embedded in policymaking.

FGM Laws in The Gambia

Religious authority is incorporated into Gambian formal legislative institutions, with influential Islamic clerics and differing religious interpretations shaping parliamentary debates. Former President Yahya Jammeh called for the practice’s ban, citing it was not required under Islam. Subsequently, the parliament passed the Women’s Amendment Act 2015, officially criminalizing FGM. Religious interpretations by the executive branch were used to justify the ban on FGM. However, religious arguments shifted in 2023, when three women were charged with performing FGM on eight young girls. It was the first indictment since the ban came into force. In a Fatwa issued September 26, 2023, the Gambian Supreme Islamic Council (GSIC) called for the ban’s overturn, reasoning that FGM is a Sunnah practice.

2015 vs 2024 Women’s Amendment Act

In March 2024, member of parliament Almameh Gibba introduced the Women’s Amendment Act 2024, an attempt to reverse the Act of 2015 and decriminalize the practice.  While Yahya Jammeh’s 2015 Act invoked religion to legitimize the prohibition of FGM, the 2024 repeal efforts placed religious interpretation at the center of parliamentary debate. Religious justification for the 2015 Act came primarily from the executive branch, whereas the 2024 bill incorporates religious authorities’ perspectives into the legislative branch. The 2024 bill’s objective section claimed that the ban violates the religious freedom clause in The Gambia’s Constitution. It framed the appeal as necessary for the practice to operate under religious guidance. This reasoning shifted religious interpretations from the executive administration to legislative debates. In response to the bill, the National Assembly’s Joint Committee on Health and Gender released a report that recorded consultations with Islamic scholars. The scholars framed FGM as a cultural custom rather than a religious practice. The consultation illustrates how other policy actors, such as the Joint Committee, draw on religious legitimacy in political discourse to uphold the ban.

Fragmentation of Legislative Implementation in Somalia

Similar to The Gambia’s ban, Somalia’s Provisional Constitution of 2012 establishes a legal framework prohibiting FGM. Article 3(4) of the Constitution affirms the commitment to human rights, the rule of law, and international legal standards, while Articles 10 and 11 guarantee the protection of human dignity and equality. Most significantly, Article 15 (4) establishes a clear legal position that female circumcision is a “cruel and degrading customary practice” and the circumcision of girls is prohibited. This is reinforced by Article 29(2), which guarantees every child the right to protection from mistreatment, neglect, abuse, and degradation. However, the reality of the practice of FGM stands in stark contrast to the constitutional rights. A case exemplary for this mismatch is the 2018 death of Deeqa Dahir Nuur. Prosecutors relied on provisions of the Somali Penal Code and considered FGM as a form of ‘hurt’, which Penal Code, Art. 440, makes a criminal offence and sets out associated punishments. From an Islamic jurisprudential perspective, FGM lacks foundation in the Quran, established consensus (Ijma’), or valid analogical reasoning (Qiyas). Nonetheless, a few hadiths, although considered weak, are attributed to the Prophet regarding the matters of FGM. This heavily informs the position of Somali religious leaders. According to a 2021 UNICEF report, efforts to formalize FGM bills have faced considerable opposition from within the government cabinet and among senior Islamic scholars. This resistance stemmed from disagreements over the bill’s treatment of what is termed ‘Sunna’ FGM, which is regarded as a religious obligation and, hence, to be permitted.

State-Level Legislative Output

Somalia’s pluralistic legal order, combining civil law, sharia law, and Xeer, makes religion a foundational influence on the country’s policy-making. In June 2021, the Cabinet and President of Puntland, one semi-autonomous region of the country, approved a bill criminalizing all forms of FGM. It specifically aims to punish those who promote or facilitate the practice. Additionally, the Ministry of Justice, Religion and Rehabilitation in Puntland issued a religious Fatwa in 2014 banning all forms of FGM. This is contrary to the federal level conservative religious leaders who advocate for a particular type of FGM practice. In March of 2024, the state of Galmudug passed legislation outlawing all forms of FGM. This was followed by the endorsement of a similar Prohibition of FGM by the Jubaland State in April 2025.

Policymaking and Religious Influence

On November 20th, 2025, the Somali Cabinet formally approved a draft law aimed at prohibiting FGM, taking an official step toward criminalizing the practice at the national level. However, the draft bill remains subject to parliamentary consideration. FGM legislation in The Gambia and Somalia has been shaped both formally and informally through varying religious arguments. In The Gambia, differing religious opinions are integrated into ongoing debates over the Women’s Amendment Act 2024 to challenge or uphold the ban. Notable religious institutions, such as the Gambian Supreme Islamic Council (GSIC) and the Ministry of Justice, Religion and Rehabilitation, have voiced their opinions on FGM legislation. In Somalia, the protracted federal process reflects the complexity of the country’s plural legal frameworks that exist in parallel. In both countries, FGM policymaking operates through interactions between statutory law, constitutional provisions, and religious authority.