Can’t Use Commerce Laws to Illegalize FGM Child Abuse


John R. Houk

© November 23, 2018

Nothing to be thankful for from Multiculturalist Leftist Federal Judges that ignore the law to rule in favor of Islamic traditions over the rule of law!

 

U.S. District Judge Bernard Friedman (residing in Detroit) ruled that a Federal Law made 22 years ago was unconstitutional allowing Muslims to proceed in the child abuse of Female Genital Mutilation (FGM).

 

FGM is overwhelmingly practiced among Muslims as a matter of tradition. Multiculturalist Left Wing organizations (National & Global) go out of the way to point out that Islam theologically does not mandate FGM. The same organizations will point out that a minority of Christian and Jewish based people also practice FGM.

 

The only thing accurate in downplaying the Muslim practice of FGM is the abusive practice is more cultural than religious but fail to be informative of the huge number of Muslims that have a tradition of FGM and indeed associate it with their religious faith. Also the Christians and Jews known to abuse their children with FGM are culturally influenced by the Muslims in close proximity (primarily Copts of Egypt and Black-Africans who identify themselves as Jewish in Ethiopia).

 

So YES this is primarily an Islamic issue especially as it is Muslim refugees or Muslim immigrants from whence FGM is practiced are now flouting Western Laws in Europe and the U.S. to perpetuate FGM in the West in the name of their Muslim traditions.

 

According to the World Health Organization (WHO), female genital mutilation (FGM), also referred to as “female circumcision” or “female cutting”, “comprises all procedures that involve partial or total removal of the external female genitalia, or other injury to the female genital organs for non-medical reasons” [1]. The WHO estimates that about 140 million girls and women worldwide are living with the consequences of FGM and that every year in Africa alone, about 3 million girls are at risk for genital mutilation [1]. FGM has been documented in 28 African countries and in some countries in Asia and the Middle East [2]. However, it has also become a human rights and health issue in western countries where the practice is continued by immigrants from countries where FGM is commonly performed [3]. For instance, the German organization “Terre des Femmes” estimates that about 30.000 girls and women living in Germany have undergone or are at risk of being subjected to FGM [4].

 

Given the fact that some Sunni Muslims legitimate FGM by quoting a controversial hadith (a saying attributed to the Prophet Mohammed) in which the Prophet allegedly did not object to FGM provided cutting was not too severe 56 and that the least invasive type of FGM (partial or total removal of the clitoris and/or the prepuce) is also called “Sunna Circumcision” [7], FGM is widely considered to be associated with Islam. However, during a conference held in Cairo/Egypt in 2006, Muslim scholars from various nations declared FGM to be un-islamic 89 and, in fact, the traditional cultural practice of FGM predates both Islam and Christianity. …  According to the U.S. Department of Health and Human Services, FGM is actually practiced by Muslim, Christian and Jewish groups. There are countries, such as Nigeria, Tanzania and Niger, where the prevalence of FGM is even greater among Christian groups [11]. In Egypt, FGM is also practiced on Coptic girls [12], while in Ethiopia, the Beta Israel or Falashas, a Jewish minority, subject their girls to genital mutilation [5].

 

… Yet, a Jewish minority group living in Ethiopia, the so-called Falashas or Beta Israel, practice ritual female genital surgery [15]. Buff believes that “as a persecuted and isolated Jewish enclave for thousands of years, the Falashas did not have access to either definitive Jewish texts or informed rabbinical sources” [14]. In fact, the Falashas practice an archaic form of Judaism, strictly adhering to the Pentateuch, the five books of Moses. They do not speak or read Hebrew. Their bible is written in Ge’ez, which is the clerical language of the Ethiopian and Eritrean orthodox church, and they do not know the other important religious scriptures of Judaism, the Talmud and the Mishnah 1617. The Falashas consider themselves descendants of the tribe of “Dan”, one of the 10 “lost tribes of Israel”, and were acknowledged as such, and therefore as being officially Jewish, by the Israeli government in 1975 [17]. … After their immigration to Israel, the Ethiopian Jews were converted to orthodox rabbinic Judaism. Nowadays, only a minority is still living in Ethiopia [17].

 

… The authors also found that the customs of FGM is readily given up by Ethiopian Jews right after their immigration to Israel, as “they see themselves a part of a Jewish society without FGM” [15].

 

Christian view on FGM

 

Literature dealing with the Christian view on FGM is very scarce, however, Christian authorities unanimously agree that FGM has no foundation in the religious texts of Christianity 1819202122. During the 2006 conference of The East Africa Program, the attending Christian (Coptic) leaders emphasized that “Christian doctrine is clear on the sanctity of the human body” [22]. Yet, as has already been mentioned before, FGM is practiced among Christian groups, e.g. in Egypt, Nigeria, Tanzania and Kenya. Although FGM is not prescribed by religious law, many of those practicing it may consider it a religious obligation, as female sexual purity plays an important role, not only in Christianity, but in all monotheistic religions. (The Jewish and Christian view on female genital mutilation; [Ingrid] El-Damanhoury, Ed.; ScienceDirectAfrican Journal of Urology: Volume 19, Issue 3, September 2013, Pages 127-129)

 

Trying to protect Islam’s reputation by claiming Christians and Jews practice FGM abuse is a bit disingenuous when undoubtedly the largest numbers clearly lay with Islam.

 

AND it is obvious to me that Federal Judge Bernard Friedman ruled laws outlawing FGM unconstitutional was an act of dhimmitude homage to one of the largest Islamic population centers in the USA namely the Detroit metropolitan area – MY FIRST REACTION.

 

AFTER READING MORE INFO – If I was to give Judge Friedman any benefit of the doubt, it might seem the Judge is saying legislate a better law that specifically addresses Female Genital Mutilation as child abuse rather than manipulate statutes to use Commerce Laws to illegalize FGM.

 

U.S. v Nagarwala Dismissal Order 11-20-18 on SCRIBD – 28 pages

 

Below are the details from Leo Hohmann.

 

JRH 11/23/18

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Federal judge strikes down U.S. ban on female genital mutilation

 

By Leo Hohmann

November 21, 2018

LeoHohmann.com

 

Dr. Jumana Nagarwala was charged in Detroit in April 2017 with mutilating the genitalia of young girls.

 

It is now OK in America for parents to deliver their daughters up to hack “doctors” and nurses who will mutilate their genitals and call it a religious ritual, thanks to a federal judge in Detroit.

 

U.S. District Judge Bernard Friedman on Tuesday dismissed female genital mutilation charges against several doctors in the first criminal case of its kind nationwide, ruling the law is unconstitutional, the Detroit News reported.

 

Friedman’s insane opinion comes two weeks after defense lawyers mounted the first challenge to an FGM law passed by Congress in 1996. The law sat there for 19 years without a single prosecution until April 2017. That’s when former Attorney General Jeff Sessions decided to prosecute two Muslim doctors, a wife of one of the doctors and the parents of nine girls who were transported to a clinic in Michigan, several of them across state lines, to have their genitals cut.

 

Co-defendant Dr. Fakhruddin Attar

 

Prosecutors said at the time that upwards of 100 girls ranging in age from 7 to 12 had been sent to the clinic, which sounds more like a Third World torture chamber.

 

The U.S. already allows up to 1 million babies to be aborted every year. Now our judges say it’s acceptable to mutilate young girls. What is the future for a society unable or unwilling to protect its most vulnerable?

 

Until Sessions’ brought this case, no one had ever been prosecuted under the 22-year-old federal law, not under presidents Clinton, Bush or Obama.

 

Prosecutors told the Detroit News that the girls — four from Michigan, two from Minnesota and three from Illinois — underwent the brutal FBM procedure of having their clitorises fully or partially removed. But defense lawyer Shannon Smith argued that the procedure performed on the girls was “benign” and not a mutilation. It was part of their religion and their culture and therefore should not be prevented by law.

 

Attorney Shannon Smith specializes in defending people against sexual crimes.

 

She found a sympathetic ear in the liberal Judge Friedman, who apparently found a loophole in the 1996 law in which he was able to deny that the FGM doctors and parents were engaged in interstate commerce and therefore committed no federal crime.

 

The doctors involved still face charges of conspiracy and obstruction and could face up to 30 years or more in prison if convicted on those counts.

 

Hopefully the U.S. Department of Justice will appeal this ghastly ruling by Judge Friedman. In the meantime, this should prompt Congress to go back and tweak the 1996 law to make sure it is strictly enforceable.

 

Dr. Jumana Nagarwala of Northville, Michigan, was arrested in April 2017 and accused of heading a conspiracy that lasted 12 years, involved seven other people and led to mutilating the genitalia of nine girls as part of a religious procedure practiced by some members of the Dawoodi Bohra, a Muslim sect from India that has a small community in Metro Detroit.

 

Most local members of the sect involved belong to the Anjuman-e-Najmi mosque in Farmington Hills.

 

The judge’s opinion drops charges against three mothers. They are:

 

  • Farida Arif of Oakland County, who was charged with participating in the conspiracy and having her daughter undergo female genital mutilation.

 

  • Two mothers from Minnesota, Haseena Halfal and Zainab Hariyanawala, who were charged last year with female genital mutilation and conspiracy to commit female genital mutilation. The allegations involve their daughters, who were 7 at the time of the procedure.

 

The order Tuesday also dismissed charges against Tahera Shafiq, 49, of Farmington Hills. She was accused of participating in the procedure involving the Minnesota girls.

 

“She’s done, for the time being,” Shafiq’s lawyer, Jerome Sabbota, said. “It’s wonderful. She can go about her life. These are deeply religious people, and a lot of people don’t understand that.”

 

Worldwide, an estimated 140 million women and girls have undergone the procedure, according to the World Health Organization. More than 3 million girls in Africa undergo the procedure each year.

 

The procedure has been illegal in the U.S. since 1996, and there are no medical benefits for girls and women, according to the World Health Organization.

 

Female genital mutilation is an internationally recognized violation of human rights.

 

Some members of the Dawoodi Bohra community who have spoken against the procedure say the surgery is performed to suppress female sexuality, reduce sexual pleasure and curb promiscuity, according to court records.

 

The procedure is most common in parts of Africa, the Middle East and Asia, along with migrants from those regions, according to the World Health Organization. For example, 99 percent of girls in Somali have their genitals mutilated while more than 85 percent of girls in Egypt are mutilated.

 

In the U.S., the Centers for Disease Control estimate that up to 500,000 women and girls are at risk of having the barbaric procedure performed on them. This high number is largely due to the increasing number of refugees, asylees and migrants imported to the U.S. from the Third World over the last 35 years. The vast majority of the refugees entering the U.S. every year, about 95 percent, are hand-selected by the United Nations.

 

There are four major types of female genital mutilation, including a partial or total removal of the clitoris.

 

Prosecutors in Michigan alleged that two girls’ clitorises were completely removed, but the evidence is lacking for at least one girl, Smith said.

 

Read the full story here.

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Can’t Use Commerce Laws to Illegalize FGM Child Abuse

John R. Houk

© November 23, 2018

_______________________

Federal judge strikes down U.S. ban on female genital mutilation

 

About Leo Hohmann 

 

Leo Hohmann is a veteran investigative reporter and author whose recent book, “Stealth Invasion” spent the majority of 2017 among Amazon.com’s top 10 books about immigration policy. He has spent decades researching and writing about education, immigration, crime, politics and religion. His articles have appeared at WND.com, Frontpage Magazine, Whistleblower Magazine, Jihad Watch, the Drudge Report, Refugee Resettlement Watch and many other websites and publications. Hohmann has been interviewed by dozens of local and national radio hosts including Laura Ingraham, Alex Jones, Daniel Horowitz, Larry Elder, George Noory of Coast to Coast, and Jan Markell of Olive Tree Ministries. His mission has always been to fearlessly report truths about the great issues of our time and connect the dots, wherever they may lead.

 

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Author: oneway2day

I am a Neoconservative Christian Right blogger. I also spend a significant amount of time of exposing theopolitical Islam.

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