Thursday, June 24, 2021

British Family Court Refuses To Order Circumcision Of Muslim Boy

In M v. F, (EWHC (Fam), June 14, 2021), a British High Court, Family Division judge refused the request by Muslim parents for an order requiring their 21-month old son's guardians to have the boy circumcised.   Because of prior domestic abuse, the boy had been removed at birth from the parents and placed with his maternal aunt and uncle who agreed to respect the child's Muslim heritage. Both the guardians and local welfare officials contend that no decision on circumcision should be made until the boy is older. The court said in part:

I accept that both parents, practising Muslims, earnestly wish the circumcision procedure to take place in order for P to connect with his Muslim heritage. Their views are of considerable importance, and I attach significant weight to them. That said, circumcision alone is not likely to establish or enhance P's sense of cultural or religious identity; this would be best achieved at his age by regular contact with his parents who can, in the best way they consider possible, help him to understand his identity and the faith into which he has been born. When he is older, they can be on hand to help him to reach a decision on whether to be circumcised. My decision has, to some extent, been influenced by the fact that presently neither parent chooses to see P, and neither parent has (contrary to their offer to do so) provided P with age-appropriate books and/or learning materials about Islam....

I have concluded that the decision to circumcise P should be deferred until he is able to make his own choice, once he has the maturity and insight to appreciate the consequences and longer-term effects of the decision which he reaches. I encourage the parents to resume their contact with P, so that not just his Muslim heritage, but also his experience of his wider family and origins, can be better understood and appreciated by him.

Law & Religion UK discusses the decision further.