Page:Christiaan Snouck Hurgronje - The Achehnese - tr. Arthur Warren Swete O'Sullivan (1906).djvu/364

 is controlled by "ancient popular customs in conflict with Islam in this sense, that they suggest a customary law existing in the consciousness of the people".

Before passing to this subject, however, we must gain some knowledge of the marriage contract as it exists in Acheh. Our assuming this important negociation as already complete has not in any way affected our description of the wedding ceremonial; the less so, as the contract is generally concluded at a different time and place from that of the actual meeting of the bride and bridegroom.

It is impossible to describe the marriage contract in Acheh with the desired accuracy without first giving some details as to the rules of Mohammedan law on this subject, and the "departures" from this law, which prevail throughout a great portion of the E. Indian Archipelago.

These rules of law have, it is true, been dealt with by Mr. L. W. C. Van den Berg in his "Principles of Mohammedan Law", but very imperfectly, some of his principal facts being erroneous, and the necessary notes on the actual practice in the E. Indies entirely wanting. In his recent essay on the "departures" from these laws in actual practice in Java and Madura, the same writer has made it clear that