“In some Muslim countries, violation of the fatwa can mete out a severe penalty, like public lashes or imprisonment.

Christmas is around the corner. Christian Philippines is agog with activities to celebrate the alleged birthday of Jesus Christ. Glittering lanterns, neon lights in malls and noels on air mark the season of joy.

Yes, it looks like a merry celebration everywhere except to a section of the Philippine society — ultraconservative Filipino Muslim practitioners.

The issue of whether Muslims participate in the celebration of Christmas without being sacrilegeous or committing a sin has badgered many for long.

In fact I have written past articles on this question and have drawn flak, some vitriolics from devotees for alleged blasphemous if not apostate ideas.

I have described the unease and disquiet of Muslim students being invited to a Christmas party, exchanging gifts and caroling by their friends.

I have raised the question whether, if you belt out or even hum a Christmas noel which praises Jesus Christ, you go astray and many other predicaments confronting Muslims living in Christian environment. Not a few harangued me for my articles but I took them as part of the territory of an opinion writer.

My legal upbringing and orientation preponderate on my position about the issue. I have always maintained that the culpability of a person is dependent largely upon his intention. The general legal precept (with few exceptions like felony resulting from culpa or negligence) that says, “There is no crime where there is no intention to commit it (mens rea),” weighed in very much in my argument. We call intention among Maranaws as “ni-at” and to Arabs “nia.”

Thus, if a Muslim celebrates the birth season of Jesus Christ and treat it as a religious holiday, then it could be sacrilegious even if they revered Him as a Prophet (not a Son of God). But if he considers it as a social event and an occasion to foster camaraderie and harmonious relation with the rest of the community like participating in group and office party then it may be permissible.

That was my stand which has not changed to this day. But who will decide whether one’s intention is religious or not? That is between him and his Creator because He is All Knowing.

Readers, there is a fatwa or religious edict issued by Muslim clerics based on the Koran and tradition laid down by prophet Mohammad, PBUH that prohibits Muslims from participating or observing religious activities of non-Muslims like Christians. This was enforced by the strict Salafi-Wahhabi Islam as a total ban for Muslims to commemorate memorable days like Christmas, birthdays and New Year’s Day (Muslims have their own Amon Jaded or New Year based on the Lunar calendar). But modern day tolerant and reformist Muslims interprete the ban loosely and they claim that, if at all they will be committing a bida’a, venial and not a mortal sin.

In some Muslim countries, violation of the fatwa can mete out a severe penalty, like public lashes or imprisonment. In fact, in Wahabbi Islam Saudi Arabia you are penalized just by greeting a friend publicly, “Merry Christmas,” if heard by the religious police, called Motawas roaming the malls. (I wonder if the stern implementation of Islamic codes and this fatwa has been relaxed with the drastic reforms instituted by Crown Prince Mohamad Bin Salman who made news about cultural and religious reforms in the kingdom. He opened the once reclusive society into a progressive one with a shade of modernity.

This injunction to Muslims is not known to many non-Muslims. For instance, in the speech of Speaker Peter Allan Cayetano, chairman of the Philippine Governing Committee of the 30th SEA Games, during the closing ceremonies, he invited Muslims to celebrate Christmas with the rest of the population. While there was no intention whatsoever by Cayetano to rub at the sensibilities of Muslims, it offended some. The speech was made good-naturedly and premised on the spirit of the jubilation and celebration for the Philippine truimph in the games and did not mean in any way to make them violate the fatwa. If at all, it betrays superficial knowledge about nuances in Islam.

In sum, Muslims don’t celebrate Christmas per se.

Meanwhile, fatwa or no fatwa, I will probably be in Manila to attend the get-together party of the Daily Tribune today, 18 December.