Sources indicate that although female genital mutilation (FGM) is practised in Malaysia, it is the least extreme form (Hosken 1993, Reproductive Health Matters May 1999; American Medical News 28 Oct. 1996), and is confined primarily to the Malay Muslim community (ibid.; Hosken 1993, 283; Reproductive Health Matters May 1999; The Canberra Times 3 Apr. 1999). This form commonly involves a nicking of the clitoris or prepuce (tip of the clitoris) with a pen-knife or razor blade, drawing only a drop of blood and causing brief pain (Hosken 1993, Reproductive Health Matters May 1999; American Medical News 28 Oct. 1996). In virtually all cases the procedure is performed in infancy (Reproductive Health Matters May 1999; Hosken 1993, 285). The most extreme forms, involving some or all of excision of the clitoris, removal of parts or all of the labia minora and labia majora, and the stitching together of the two sides of the vulva (known as infibulation), are not practised in Malaysia (ibid.; Reproductive Health Matters May 1999; American Medical News 28 Oct. 1996).

One study published in early 1999 chose the term "female circumcision" to describe the practice, as the authors believed the term "female genital mutilation" was "a misnomer in the Malaysian context" (Reproductive Health Matters May 1999). The study, which examined 262 women in Kelantan, Malaysia, found

no clinical evidence of any injury to the clitoris or labia, and no signs of cutting, burning, scarring or any form of mutilation to the clitoris or the labia minora or majora. No damage or alterations to the clitoris were detected (ibid.).

The results of the study were corroborated by the personal observations of one of the authors, a Malaysian obstetrician-gynaecologist, and by another senior Malaysian obstetrician-gynaecologist who stated she had seen no evidence of any mutilation of women's genitals or structural damage to the clitoris during the many vaginal examinations she had done over the years (ibid.). According to the study's authors, "this practice should be considered as a form of almost symbolic ritual" rather than genital mutilation (ibid.).

Religion or tradition is the most common reason for having the procedure performed (ibid.; Hosken 1993, 285). Many committed, practising Muslims reportedly believe that non-compliance with the ritual would be frowned upon by family elders and the community (Reproductive Health Matters May 1999). In addition, many Muslims believe the procedure reduces a woman's sexual drive, enhances the husband's sexual pleasure, promotes fertility and reduces the incidence of immoral behaviour (ibid.; Hosken 1993, 285). Of the 262 women surveyed in the study in Kelantan,

All ... were in complete agreement with the desirability of female circumcision and were satisfied with their personal experiences of it, because there had been no negative side-effects. All of them affirmed that they would continue the ritual on their daughters, since they could not see any harm in the procedure at all (Reproductive Health Matters May 1999).

The following information was provided by the Social and Cultural Affairs Unit of the Malaysian Ministry of Foreign Affairs, in response to a request for information forwarded by Third Secretary (Admin/Consular) at the High Commission for Malaysia in Ottawa.

In Malaysia, female circumcision is practiced but not female genital mutilation. Female circumcision is considered as a religious/traditional requirement which is not obligatory and is undertaken on Muslim female babies when they are babies. Some Muslim parents choose not to perform the female circumcision on their female babies, and this practice is more prevalent nowadays in the rural than in the urban areas.

There is no civil law regarding female circumcision or female genital mutilation in Malaysia. There is also no incidence, records or reports that female genital mutilation was ever practiced in Malaysia (6 Dec. 1999).

Malaysia has signed and ratified the action plans of both the 1994 International Conference on Population and Development (ICDP) in Cairo, and the 1995 Beijing Conference, which called upon governments and the world community to take urgent measures to eliminate FGM (Reproductive Health Matters May 1999).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

American Medical News [Chicago]. 28 October 1996. Vol. 39, No. 40. Christina Kent. "'Dangerous, Deadly, Scarring': AMA Efforts Advance Ban on Female Circumcision; Culturally Sensitive Public Education Urged." http://www.hollyfeld.org/ftp/archives/fgm-1/9610/msg00133.phtml [Accessed 24 Nov. 1999]

Calgary Herald. 8 July 1996. Final Edition. Karin Davies. "Many Somalis Resist Halt to Brutal Practice: Barbaric Mutilation or Revered Rite?" (NEXIS)

The Canberra Times. 3 April 1999. Jenna Price. "An Ordeal that Scars for Life; Despite Laws Banning Female Genital Mutilation, the Custom Remains Widespread, Especially in Africa." (NEXIS)

High Commission for Malaysia, Ottawa. 6 December 1999. Correspondence from Third Secretary.

Hosken, Fran P. 1993. 4th ed. The Hosken Report: Genital and Sexual Mutilation of Females. Lexington, Mass.: Women's International Network News.

Reproductive Health Matters [Oxford]. May 1999. Vol. 7, No. 13. Ab Rahman Isa, Rashidah Shuib and M. Shukri Othman. "The Practice of Female Genital Mutilation Among Muslims in Kelantan, Malaysia." (NEXIS)

IRB databases

LEXIS-NEXIS

Resource Centre Malaysia country file.

The Status of Women Under Islamic Law. 1990

Woman in Muslim Family Law. 1982.

Women Living Under Muslim Laws (WLUML). 1993-1999

World News Connection (WNC).

Unsuccesful attempt to contact one other oral source.

Internet sites including:

Female Genital Mutilation Education and Networking Project

Global Legal Information Network (GLIN)

Internet Law Library.