Minhāj al-ṭālibīn: The Canon and Fiqh Texts on the Nineteenth-Century Swahili Coast
By Mohamed Aidarus Noor The Swahili coast, with its rich historical, cultural, and religious tapestry, presents a compelling backdrop for analyzing the textual legal practices of the Shāfiʿī school. This region, often overlooked in discussions surr…
The Swahili coast, with its rich historical, cultural, and religious tapestry, presents a compelling backdrop for analyzing the textual legal practices of the Shāfiʿī school. This region, often overlooked in discussions surrounding Islamic law, offers a unique opportunity to explore alternative narratives of Islamic legal textual culture. By shifting the focus away from the primary centers of Islam, this investigation can reveal diverse interpretations and practices, potentially challenging and enriching dominant narratives that are predominantly centered in the Middle East. Furthermore, the interaction of local customs, beliefs, and historical influences on Shāfiʿī jurisprudence invites an engaging inquiry into the complexities of Islamic law as it has developed in this less-explored geographical area.[1]
This article views canonization as an abstract concept, serving as a source of knowledge and authority formation. It raises questions about whether canonization should be seen as a means to an end or an end in itself. Additionally, it examines whether the concept should be applied restrictively or more broadly, including allegorical interpretations beyond the scope of the object under study. There is also another risk of conflating the concept of canonization with the concept of codification. To preclude these complexities, I draw upon Jonathan Brown's concept of textual canonization, which he described as a process by which a community endorses specific books to meet certain needs and, as such, transforms texts from mere volumes into symbols of divine, legal, or artistic authority through their use and appreciation by a particular audience.[2] According to Brown, textual canonization involves three key components: texts, community, and authority.[3] While Brown focused on ḥādīth texts within the broader Muslim community, I apply this framework to fiqh texts, specifically the Minhāj, within the Swahili community during the nineteenth and early twentieth centuries.
The apex of textual canonization is the creation of a canonical text, which occupies the foremost position within a framework that promotes and safeguards established rules, theories, and doctrines. If a textual canon ventures outside its defined boundaries, there is a risk that these rules and theories may be de-canonized. Baber Johansen notes that changes in Islamic law involve compiling various solutions to similar issues, rather than completely rejecting previous ones in favor of new alternatives.[4] However, Islamic legal transformations, solutions, and problems are often expressed through texts, which play a key role in the canonization process. For instance, in Islamic law, knowledgeable individuals from various legal schools—such as Ḥanafī, Mālikī, Shāfiʿī, and Ḥanbalī—utilize textual canons to emphasize historical precedents, as Brannon M. Wheeler notes.[5] This view of Islamic legal textual canons highlights important insights into the collaborative, distinct, and organized networks of scholarly exchanges that curated and endorsed the study, instruction, and writing of textual commentaries on the Minhāj, which helped achieve and uphold its canonical status.
On the Swahili coast during the nineteenth century, a period marked by significant social, political and religious transformations and shifts, the Shāfiʿī legal work Minhāj al-ṭālibīn wa-ʿumdat al-muftīn authored by the Syrian jurist Abū Zakariyyāʾ Yaḥyā b. Sharaf al-Nawawī (d. 676/1277) attained canonical status in the sense that it was recognized as a definitive and authoritative source for Islamic substantive law. This status can be partially ascribed to the revered standing of its author, its genealogical lineage, and the ascendancy of the Shāfiʿī tradition as the dominant legal school along the coast. It is pertinent to note that the Minhāj's genealogy originates from Kitāb al-Umm, a seminal work by Muḥammad b. Idrīs al-Shāfiʿī (d. 204/820), the eponym of the school. In the few decades after al-Shāfiʿī's passing, his student Ismāʿīl b. Yaḥyā al-Muzanī (d. 263/877) compiled an abridged version known as Mukhtasar al-Muzanī.[6] This work became the primary reference for the Shāfiʿī school and subsequently led to further abridgements and commentaries by later scholars. Among the most notable commentaries on Mukhtasaral-Muzanī is ʿAbd al-Mālik al-Juwaynī's (d. 477/1085) voluminous work Nihāyat al-maṭlab fī dirāyat al-madhhab,[7] which inspired Abū Ḥāmid Muḥammad b. Muḥammad al-Ghazālī's (d. 505/1111) tripartite abridgements on it: al-Baṣīṭ, al-Waṣīṭ and al-Wajīz.[8] Subsequently, Abū l-Qāsim ʿAbd al-Karīm b. Muḥammad al-Rāfiʿī (d. 630/1223) compiled two commentaries on al-Wajīz: al-ʿAzīz sharḥ al-wajīz,[9] a thirteen-volume synopsis, and al-Muḥarrar fī fiqh al-Imām al-Shāfiʿī, a three-volume legal work that forms the basis for its abridged version, al-Nawawī's Minhāj.[10]
Concomitantly, other proximate indicators demonstrate a reliable measure to corroborate the canonicity of the Minhāj across the Swahili coast during the nineteenth century. The principal indicator is the existence of an extensive corpus of manuscripts of the Minhāj and its commentaries. As such, the Minhāj, as a canon of substantive law (fiqh), contributed to the preservation of a hierarchical structure within legal practice, which prevented arbitrary communal and political actors from dictating the application of Islamic law.
The majority of fiqh texts from the nineteenth century on the Swahili coast are preserved in manuscript form.[11] However, there is also a corpus of nine works that were published in printed format between 1283/1868 and 1314/1898. In total, researchers from the British Library's Endangered Archive Program (EAP) and the ongoing Mprint Project at the University of Bergen have identified forty fiqh texts from this period, comprising thirty-one manuscripts alongside the nine printed works. These texts represent the transition towards more widespread access to Islamic legal literature and underscore the vital role of both manuscript preservation and the early printing movement in the development of Islamic scholarship on the Swahili coast.
The collection of fiqh texts mentioned above encompasses five distinct genres: mutūn (main texts), fatāwā (legal responsa), mukhtaṣarāt (abridgements), shurūḥ (commentaries), and ḥawāshī (glosses). Among these, the Minhāj features six texts from the mukhtaṣarāt genre. In total, the Minhāj and its associated texts comprise fifteen works, enriched by eight accompanying shurūḥ. Such figures underscore the Minhāj's prominence as a vital source of fiqh throughout the nineteenth century. They not only demonstrate the intellectual vibrancy of the period but also reveal the significant connections forged between the Swahili coast and other Islamicate regions, such as Ḥaḍramawt (in modern Yemen), depicting a rich tapestry of scholarly exchange and influence within the Islamic world.
The Minhāj collection is remarkable for hosting the largest compilation of fiqh texts, a distinction that sets it apart from other works in Islamic substantive law. This extensive collection not only reflects its broad application in educational institutions but also highlights its significance as a vital resource for scholars and students alike, contributing to its canonical status. As a result, the Minhāj became a significant instrument that grounded legal practice within the developing social, political, educational, and religious structures rooted in the long-standing Shāfiʿī tradition.
One particularly striking example of its educational utility is found in a well-preserved copy of the Minhāj that was adorned with a wealth of annotations crafted on the margins to provide readers with additional context and clarification of intricate concepts. The in-text descriptions serve a similar purpose, helping to unpack the meanings behind challenging terms and ideas. See below a section of a page from the copy of one of the Minhāj's manuscripts, with the commentary Mughnī al-muḥtāj ilā maʿrifat maʿānī alfāẓ al-Minhāj by Shams al-Dīn Muḥammad b. Khaṭīb al-Shirbīnī (d. 977/1570)on the margins.
A section of a page of Minhāj al-ṭālibīn with notes (circled in green).
This manuscript contains the complete text of the Minhāj, comprising 343 foliated pages. Visual analysis suggests that it dates to the nineteenth century, and it is currently held in the collection of the Riyāḍ mosque in Lamu, Kenya. The annotations provided here were written in Arabic and extracted from a section of the chapter on ritual purity (kitāb al-ṭahāra).[12] The annotations highlighted in green conclude at folio one hundred and seventy-seven, specifically in the sub-section discussing the validity of guarantee/assurance (kafāla) within the chapter on bankruptcy (kitāb al-taflīs). For example,
The first annotation provides an explication of the term for purity, ṭahūr, employed in the text, referencing the Qurʾānic verse, "wa-anzalnā min al-samāʾi māʾan ṭahūran," which translates to "and We send down from the sky pure water."[13] The annotation states, "maʿnāhu muṭahhar li-ghayrihi (lit., it means a purifier for others)," suggesting that the term ṭahūr (purity) denotes a category of water possessing the attribute of purifying other entities. The classification of water for the attainment of ritual purity is a well-defined topic in Islamic substantive law.
The next annotation clarifies the meaning of the phrase al-māʾ ghayr ṭahūr (lit., the water is not pure), which designates the type of water deemed unfit for ritual purity. The annotation's statement, "ayy li-kathratihi wa-law taqdīr (that is, because of its abundance, even if it is an estimate)," suggests that this classification is due to the water's quantity, even if determined through an estimated assessment.
The final annotation elaborates the usage of the terms ʿūd (lit., fragrance) and duhn (lit., scented oil) in the primary text, along with the annotation "ayy wa-in ṭiyb (that is, even if it is good)," which indicates that these words are deployed to connote a sense of scent or fragrance.
The Minhāj manuscript has been supplemented with a commentary, given that the presence of certain words or terms within the text suggests that further clarification may have been necessary. According to respondents,[14] this was a common issue among users whose primary language was not Arabic, as well as students who had not yet mastered the advanced vocabulary used in Islamic legal studies. The identity of the individual who added these annotations, as well as the exact time and place of their incorporation into the main text, remains unknown. Nevertheless, these marginal comments serve as a significant reference point regarding the use of this copy, particularly in academic, pedagogical, and reference contexts.
The relatively small number of such written works in Swahili collections from the nineteenth century and earlier has led to various speculations about the intellectual environment and academic conditions on the Swahili coast during that era. For example, it has been widely believed that the limited range of available texts was due to the low level of writing and literacy skills among the Swahili coastal population. However, recent studies suggest that there may be other reasons for the scarcity of textual materials before the twentieth century. Ahmed El Shamsy demonstrated that the early nineteenth century represented a time when the Arab-Islamic literary tradition still largely relied on manuscripts as its primary medium.[15] The Swahili coast exhibited a similar trend, primarily due to its geographical position on the edge of Islamic influence, resulting in a greater abundance of manuscript-based texts compared to printed ones during the nineteenth century. Other possible factors include the enduring Swahili custom of imparting knowledge through memorization, alongside economic constraints and a lack of extensive technological know-how regarding book preservation. Furthermore, the adverse climatic conditions of the coastal region, characterized by high humidity and insect infestations, have exacerbated the deterioration of manuscripts.[16] In addition, the issue of certain manuscripts potentially being illegally transferred from the Swahili coast raises significant concerns that warrant careful consideration. This unauthorized movement of texts has likely led to the deterioration, destruction, and irreversible loss of myriad invaluable literary works, profoundly impacting the cultural heritage of the area.
In 1295/1879, Sultan Barghāsh of Zanzibar (r. 1285/1870-1304/1888) established al-Maṭbaʿ al-Sulṭāniyya (the Sultan's printing press) to publish Ibāḍī texts.[17] This initiative aimed to promote Ibāḍī doctrines amidst the rising influence of Sunnī beliefs among his Omani subjects. By supporting the Ibāḍī tradition, Sultan Barghāsh sought to uphold his religious convictions and counter the spread of Sunnī ideologies, thereby highlighting the cultural and religious dynamics of Zanzibar during the period.[18] Consequently, the number of texts produced by the press, which operated for almost forty years, was minor compared to those of printing presses in Egypt, Lebanon, and India, and it had a minimal to nonexistent impact on the creation of Shāfiʿī texts. In 1300/1884, Sultan Barghash acquired an extra Arabic printing press from the Jesuit Fathers' Press (al-Maṭbaʿ Abū-l-Yāsīn) in Beirut and hired staff to oversee its functions; however, the number of published works remained quite limited, likely due to the financial and logistical difficulties.[19]
Local sources shed light on the intricate history of textual ownership, highlighting that prior to the mid-twentieth century, a limited selection of texts was predominantly held by private individuals. These texts, often invaluable in educational and cultural contexts, were eventually donated or endowed to various institutions, with the Riyaḍ Mosque in Lamu, Kenya (which established in 1317/1901 and holds the most extensive manuscript collection in East Africa) being a prominent example.[20] Once in the hands of these institutions, textual materials were made available for lending, allowing them to circulate among different villages and towns. Typically, a loan period lasted one to two months, after which the texts were returned to their original location.
The first half of the twentieth century marked a significant turning point in the distribution and accessibility of literary works on the Swahili coast, largely thanks to the advent of printed copies. This technological advancement led to a substantial increase in the circulation of texts, enabling a broader audience to engage with a more diverse range of materials. The fiqh corpus along the Swahili coast experienced significant growth during this period, expanding to encompass a broader range of works. Some of these new works were connected to well-established texts such as the Minhāj, while others ventured into entirely different thematic areas, reflecting the evolving intellectual landscape of the region.
[1] This essay is taken from the author's PhD research titled Becoming a Canon: Texts, Community and Authority in the Canonization of Minhāj al-ṭālibīn wa-ʿumdat al-muftīn on the Swahili Coast, 1856˗1963 CE, based in the CanCode project at the University of Bergen in Norway.
[2] Jonathan Brown, The Canonization of Al-Bukhari and Muslim: The Formation and Function of Sunni Hadith Canon (Brill, 2007), 5.
[4] Baber Johansen, Contingency in a Sacred Law: Legal and Ethical Norms in the Muslim Fiqh, Studies in Islamic Law and Society, vol. 7 (Brill, 1999), 447.
[5] Brannon M. Wheeler, Applying the Canon in Islam: The Authorization and Maintenance of Interpretive Reasoning in Ḥanafī Scholarship (State University of New York Press, 1996), 2.
[7] Published by Dār al-Minhāj lil-nashr wa al-tauzīʿ, 2007. 1st edition, 20 volumes.
[8] For a detailed study of the al-Wajīz, see Mahmood Kooria's forthcoming article, "If al-Ghazālī is a Prophet, the Wajīz is His Miracle: Abū Ḥāmid al-Ghazālī's Codification of Shafiʿī Law" in the Journal of Arabic and Islamic Studies (Arabica).
[9] Published by Dār al-Kutub al-ʿilmiyya, 1997. 13 volumes.
[10] There are contentions about whether al-Muḥarrar is an independent text or an abridgement of al-Wajīz.Jurists such as Aḥmad b. Ḥajar al-Haytamī (d. 974/1566) critiqued the long-held opinion that al-Muḥarrar is an abridgement of al-Wajīz and argued that the author, al-Rāfiʿī, did not identify it as such. But other scholars, including later jurists like Sulaymān b. Muḥammad al-Bajīrīmī (d. 1221/1806) have maintained that al-Muḥarrar's content and methodology are a clear indication that it is an abridgement of al-Wajīz, an opinion that many contemporary Shāfiʿī scholars favored.
[11] The British Library's Endangered Archive Program (EAP) and the ongoing Mprint Project at the University of Bergen have digitized these collections, which originate from various institutional and private collections located along the Swahili coast. See the Riyāḍ Mosque collection; the Maalim Muhammad Idris collection. The digitized Mprint collection is scheduled for online publication in 2025.
[13] Qurʾān 25:48, Translation of the Meanings of the Noble Qurʾān - English Translation (Ṣaḥīḥ International, 2022).
[14] Mudhhir Ali Qullatain, interview by Mohamed Aidarus Noor, personal communication, February 23, 2022; Said Ali Hassan, interview by Mohamed Aidarus Noor, personal communication, June 22, 2021; Zainab Amin Rudainy, interview by Mohamed Aidarus Noor, personal communication, May 7, 2021; Fatma Muhammad Sayyid Ali, interview by Mohamed Aidarus Noor, personal communication, May 13, 2021.
[15] Ahmed El Shamsy, Rediscovering the Islamic Classics: How Editors and Print Culture Transformed an Intellectual Tradition (Princeton University Press, 2020), 6.
[16] Anne Katrine Bang, "Arabic Language Manuscript and Print as a Source for Indian Ocean Islamic History: The Case of East Africa," History Compass 20, no. 7 (2022): 1–10, 3.
[17] For a detailed discussion on the Ibāḍī school and its Sultanate of Zanzibar, see Kimblery T. Wortmann, Society of the Righteous: Ibadhi Muslim Identity and Transnationalism in Tanzania (Indiana University Press, 2024); Valerie J. Hoffman, The Essentials of Ibāḍī Islam (Syracuse University Press, 2012).
[18] Randall Lee Pouwels, Horn and Crescent: Cultural Change and Traditional Islam on the East African Coast, 800-1900, African Studies Series 53 (Cambridge University Press, 1987), 118.
[19] Philip C. Sadgrove, "The Press, Engine of a Mini-Renaissance, Zanzibar (1860-1920)," in History of Printing and Publishing in the Languages and Countries of the Middle East, Journal of Semitic Studies (Oxford University Press, 2005), 151–78, 154.
[20] For the discussion on the acquisition of the Riyaḍ Mosque Collection, see Anne Katrine Bang, "Localising Islamic Knowledge: Acquisition and Copying of the Riyāḍ Mosque Manuscript Collection in Lamu, Kenya," in From Dust to Digital: Ten Years of the Endangered Archives Programme, ed. Maja Kominko (Open Book Publishers, 2015), 135–72.
No comments:
Post a Comment