A Muslim preacher’s call for rejecting invitations for Onam feast or Christmas celebrations ‘diplomatically’ has kicked up a controversy on social media. It will be interesting in this context to look for some clarifications on this topic in the religious texts of this land and clear the air.
Sheikh Zayn al-Din Makhdoom's Fat al-Mu-in, the traditional law book from Malabar dating back to the 16th century, is considered the first law text composed for Muslims living in a pluralistic society which seeks to bind them together with the larger society based on a common juridical affinity.
That Malabar’s traditions and lifestyles reflected a harmony is due to the diversity of the origins of its scholars and judges. Demographic diversity also played a role in ensuring variations in etiquette, both within and between areas of Malabar. Some of these differences still exist in different forms of marriages, hierarchical measures in families, burial systems, local festivals, and norms of trade and commerce.
It was in this context that Makhdoom sought to introduce Islamic law that accommodated local characteristics and lifestyles that were beneficial and convenient for the local communities.
After the establishment of Ponnani Islamic College in the sixteenth-century, its scholars tried to integrate many regional practices into Islamic rituals by broadening the local community’s understanding of Islam, so that Islam would not be proscribed as an unfamiliar religion from an alien country and culture. This intellectual atmosphere set the framework for Islamic schools of thought and Islamic law. After establishing the college, Makhdoom and his son, Abd al?Aziz, published a number of texts on various subjects, especially by addressing legal arguments about contradictory practices.
After realising the necessity for a legal text to integrate practices of Malabar into a single jurisprudential and legal framework, Zayn al-Din composed his magnum opus. Various theological and ritual questions based on Shariah were clearly dealt with in the work. It extensively dealt with ritual matters, commercial and personal relations, cultural differences, social coherence, nuptial status and inter-religious coexistence. In the course of time, it became a transnational legal compendium of Muslims from all walks of life. At present this code of law, originally shaped for the distinctive environment of the region, is popular in Indonesia and Malaysia.
Fat al-Mu-in was composed in the specific contexts of the 16th century and it represented the non-Arab cultural Islam of Malabar, where there was a historical demand for a reinterpretation of Islamic law in the light of Portuguese invasion, especially to keep the believers united under one school without much intra-religious disagreements on daily practices. Advantages enjoyed by the Muslims in Malabar’s harmonious atmosphere provided an opportunity and even a duty to incorporate enlightened moderation into his text.
The strong foundation of this Islamic law book with pluralistic nature answered many questions on the cultural diversity of Muslim communities in Malabar. The author and the text, in fact, seldom discouraged celebrating local festivals with other communities along with traditional local cultural performances.
Trade and commerce were of much importance in the 16th century Malabar. Therefore, Makhdoom was unusually lenient in integrating rulings to support the overall development of commerce and finance. In the sixteenth century, the Hindu Chetti and Muslim businessmen carried out business together in Kozhikode based on common business ethics. According to a Chinese traveller, King Zamorin allowed both to evaluate imported goods.
Makhdoom relied on this harmonious practice and allowed believers to do business with people who follow their own system of business ethics and eat food forbidden for Muslims. He rejected the opinion of al-Ghazali, who regarded this liberalism un-Islamic.
The people of Malabar had been accustomed to using a luxury comb made of ivory, which was both popular in Malabar and widely exported. He allowed its use subject to the category of permissibility known as karahat. He allows it with the condition that it should not be used when the hair is wet. This concession is part of his discussion about using the hides of dead animals, claws, and adipose tissues.
It is not permissible, according to Shafi?i law, to lease an orchard fixing the amount before the season. Malabar was a trading matrix where rich spices were available and people honoured the tradition of assessing the harvest one year before fixing the cost for the next. Zayn al-Din ruled in favour of the system in Malabar followed by traders and accepted by scholars for generations.
Similarly, while discussing the obligatory almsgiving (zakat) he explained that the weight of a gold coin mostly used in Malabar trading relations was from Egypt. Imam al-Nawawi wrote about mithqal but conceded that the Qaytbay gold coin was popular in Malabar as a measurement.
Considering Malabar’s brisk trade relations with diverse cultures and commitment to labour, he expanded protective laws to all kinds of workers.
Makhdoom endorsed the tradition of using cow dung in courtyards where grains were dried.
Italian traveller Ludovico di Varthema narrates the importance of cow dung in floorings of royal palaces of Calicut: “The palace of the king is a mile in circumference. The walls are low […] with very beautiful divisions of woods, with devils carved in relief. The floor of the house is all adorned with cow dung”.
He gave a modest interpretation of rituals and practices, easing the people’s hardships with careful and distinctive guidelines.
Makhdoom encouraged a new revolution in Islamic jurisprudence in Malabar. The law is a quintessential form of active discourse, enabled by its own operation to produce its effects. These instances show how the social situation prevailed in the region and was incorporated into the Shafi?i law at the hands of an enlightened jurist.
This legal tradition manifested and enriched intercultural coexistences as well as intra-religious integrations through viable law provisions. The integration of early Muslim expatriates into societies and states were made possible through this legal incorporation.
He critically considered the cultural diversity of the coast, especially the interests of social order, personal relations, cleanliness etc. The text further elucidated the special characteristic of relationships with indigenous populations evolved from intermarriage and the conversion of low-caste Hindus.
This text integrated Muslim communities into mainstream society through law points connected to social reformation and brought qualitative changes. The key aspect of the integration of Muslims into Malabar society was the creation of compatible law text, which legitimised the elevated social standing of Malabar Muslims. The legal legacy of Makhdoom has been continued for centuries as an exponent of the moderate law.
In the current scene, it is very important to note that cultural assimilations are much more important for the inclusive cultural upbringing of future generations and the peaceful coexistence during celebrations.
There is no legal text compatible to this produced even after five centuries from the region, but some preachers with the influence of Arab cultural Islam and its wide influence in the various realm create commotions through unexpected comments against Onam celebrations of Muslim communities.
The idea of branding of other cultures as un-Islamic was introduced as part of ‘reform’, but now it silently lingers even the tongue of traditionalists.
