By Sainabou Sambou
Imam Abdoulie Fatty, a prominent religious leader from Bakoteh and Former State House Imam, appeared as the first witness on Wednesday before The Gambia’s Supreme Court in a high-profile constitutional challenge to the country’s 2015 ban on female genital mutilation (FGM), arguing that a “moderate” form of female circumcision is permissible under Islamic teachings.
The case, heard before a five-member panel led by Chief Justice Hassan B. Jallow, pits plaintiffs including Imam Fatty and Almami Gibba against the state and other defendants. Counsel Lamin J. Darboe represents the plaintiffs, while State Counsel J. O. Okete appears for the government. Counsel L. K. Mboge represents the National Assembly, and Counsels L. Farage and Y. Senghore act for the Female Lawyers Association of The Gambia.
Under direct examination by Darboe, Imam Fatty described himself as an imam and teacher motivated by a religious duty to defend the practice as understood from the Qur’an, the Sunnah of Prophet Muhammad (PBUH), and Islamic scholarly tradition.
While acknowledging the existing legal ban, Fatty drew a sharp distinction between what he termed “female circumcision” – limited to Type 1 procedures – and more severe forms he labelled as female genital mutilation, which he condemned as harmful and un-Islamic. He argued that Islam mandates moderation, citing Qur’anic verses that emphasise divine guidance and the prophetic example.
Fatty referenced a hadith narrated by Umm Atiyyah (numbered 5,271 in some collections), which he said advises minimal cutting without excess, a view he claimed is endorsed by scholars. He stressed cleanliness as a fundamental Islamic principle for both genders, citing practices such as pubic hair removal and post-intercourse purification.
The imam testified that the practice predated Islam but was regulated – not abolished – by the Prophet, who advocated moderation. He suggested historical accounts imply it was known in the Prophet’s household and linked it to cultural notions of modesty in Gambian society.
Fatty noted that many circumcised women from previous generations had multiple childbirths without modern medical aid. Regarding reports of two related deaths nationwide, he attributed ultimate causation to divine will.
During cross-examination by State Counsel Okete, Fatty confirmed he is not a medical professional and revealed that all four of his wives and 17 daughters have undergone the procedure. He described its purposes as promoting cleanliness and moderating female sexual desire, while acknowledging the ban’s existence and claiming external pressures influenced it.
Pressed by Counsel Farage, Fatty admitted female circumcision is not explicitly mentioned in the Qur’an, explaining that many Islamic rulings derive from hadiths, which clarify scripture. He reiterated that there is no prophetic instruction to abandon the practice, only to moderate it. He advocated medicalisation over criminalisation, noting that it is performed discreetly by traditionally trained women.
Fatty maintained that any resulting deaths lack intent to harm, comparing them to unintentional acts under Islamic law. He openly stated that his testimony was intended to prompt legal reform without encouraging violations.
In questioning by Counsel Mboge, Fatty rejected severe FGM types (2, 3, and 4) as criminal but supported permitting Type 1. He acknowledged differing scholarly views on its obligatoriness, estimating 70% prevalence in The Gambia, and emphasised moral education alongside the practice as a regulated cultural tradition consistent with Islam.
The hearing was adjourned to Monday, December 22, at 10:00 a.m.
