By
Grace Mubashir, New Age Islam
15 May 2023
Matriarchy
was widely practiced till mid twentieth century by Muslims in parts of North
Malabar and in Travancore princely State. According to matriarchal system, a
local accretion to Islam from Hindu ruling class, Islam was practiced giving
prominence to women, in variation with patriarchal understanding of Islam
across the Islamic world, matriarchal practices have wane, except in some
pockets of African coastal regions and Indonesia and Lakshadweep, significantly
denting women-oriented Islamic reading of scriptures.
While the
tradition has been extinct in Malabar, some practices are still followed. For
example, after marriage husband lives at wife’s house. And the familial
expenses are the concern of matriarchal heads of family members too. The colonial
changes in Islamic law and shift to nuclear family were the prime movers behind
this shift. But when the issue of Muslim women’s rights in Islam is hotly
contested, understanding of matriarchal understanding of Islam is
contemporaneous.
According to
anthropologists, in Kerala matriarchy was practiced by people of Sangham Age
(BC 5 – AD 5), which continued till twentieth century with occasional
modifications. Sambamdham Practice (this practice stipulated marriage of only
elder son while other siblings condemned to practice akin to today’s living-in
relationship, where women in the relation had sexual freedom and children were
known to be children of women in the relationship) among Hindus endured the
tradition. Matriarchal lineage is considered to be one essential pillar of
caste system in South India.
According
to this tradition, joint family will be headed by uncles of female members. The
family wealth will be enjoyed through the lineage of women members. More
preference used to be accorded to siblings of sisters while male members lived
off the free allowances without any claim on property. Property will not be
divided, but owned commonly with free claim to shared daily allowance. The
self-made properties of male members will be given to his sisters’ children,
while his own children will not have claim over this. This tradition became
popular in Kerala by tenth century. Zamorins, Chrirakkal ruling families
adopted this tradition.
Anthropologists
equates this practice to pre-Islamic ‘Muta’ (temporary marriage) of
Arabia. In this pre-fixed marriage contract, women had right to maintenance and
freedom to leave the relationship unilaterally. With Arabs crisscrossing the
world for mercantile purposes, they practiced this kind of marriage wherever
they went. In Kerala, local rulers promoted such marriage. Arabs who followed
monsoon stayed at Kerala for months. ‘Mappila’ community grew out of these
inter-racial marriages. Zamorin supported such short-term alliances and hence
it became popular among Muslims of North Malabar. Besides, close cultural
bonhomie between Hindu Nairs and Muslims during united fight against Portuguese
naturally gave the matriarchal practices more acceptance. The united spirit
faltered the efforts of Portuguese to subjugate people of Kerala.
Matriarchal
tradition among Mappila Muslims is a good example of ‘localization of
Islam’. at Kozhikode and Ponnani,
partial practices of matriarchy were followed. While inheritance division was
given according to Quranic instructions, in other practices it deviated from
popular Islamic forms. Rights of wife, maintenance of family, identity and
local rituals were innovative and women enjoyed singular agency and
independence. The only Muslim ruling kingdom of Kerala, Arakkal Kudumbam,
followed this tradition. In the family, rulership passed over through
matriarchal lineage. After the death of a ruler, children of sister claimed the
right to throne.
Historians
are dissenters about the origin of the practice. The practice became Islamic either after matriarchal
Hindu families accepted Islam and continued local customs or Arab merchants
employed this marital alliance. By the time colonialism came, matriarchal Islam
was practiced in many places including Memons of Gujarat, Labbas of Tamil Nadu
and Mappilas of Malabar.
Colonialism
and New Ethics Law
Colonial
modernity was totally alien to Indian traditions and rooted in western Biblical
foundations. Liberty to women and sexual independence to female were anathema
in colonial legal mooring. The Islamic reform movement motivated by colonial
ideas, revolted against this tradition. Muslim reformers hollered against this
practice unfound in Islamic scriptures. They were following colonial idea of
Islam being monolithic and Arabian-centred. The severe casualty in colonial
Islamic modernization was the sheening off local practices (urf) from legal
recognition. Sayyid Sanaullah Makti Thangal (1847-1912) crusaded against this
practice in Kerala and later took up by eminent reformers.
In British
Legislative Assemblies, discussions were held about the issue. By 1937 Shariat
Act, matriarchal traditions were invalidated across India. But 1937 law was not
applicable to agricultural land. So, K.M Seethi Sahib brought amendment to the
law by including agricultural land in Shariat domain. In Cochin principality, law was brought
banning the practice in 1933.
In Madras
Assembly Mappila Inheritance Law was enacted in 1918. As per the new law, the practice of using
Waqf instruments to give property for women in the family was forfeited. By
1939 Madras Act, property division was channelized through paternal lineage,
thus ending the institution of matriarchal Islam in Malabar. By 1976, the
practice was outlawed among Hindus too. The practice crumbled entirely by 1960s
and only vestiges of the former tradition is found now, with ritual skeletons
littered here and there.
The
practice has to be renegotiated within the broader perspective of changing
debates of Muslim women’s rights in Islam. Once denounced, this Islamic local
practice is notable for its gender sensitive approach. It gives immense agency
to women in matters of marriage and sexual choices. Women are empowered through
financial securities and gives better position in family set-up. The system
abolished under reformation spirit needs retrospection to accommodate emerging
women concern within religious framework.
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A regular columnist for NewAgeIslam.com, Mubashir
V.P is a PhD scholar in Islamic Studies at Jamia Millia Islamia and freelance
journalist.
URL: https://newageislam.com/islam-women-feminism/matriarchal-islam-india/d/129804
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