Page:Christiaan Snouck Hurgronje - The Achehnese - tr. Arthur Warren Swete O'Sullivan (1906).djvu/382

 speaking to keep entirely clear of adat and follow the Shafiʾite law only in the exercise of their office) but it is even obligatory to invoke their help in order to conclude a marriage contract which is unlawful under the Shafiʾite, though permitted by the Ḥanafite law. This rule has apparently been adopted through mistrust of the knowledge of the teungkus, and through fear that if the matter were left entirely in their hands, many marriage contracts would be entered into which would prove completely at variance with the Law. There could of course be no suggestion of entrusting such duties to "laymen,' which in theory would be the proper course.

It must further be borne in mind that in these numerous cases of Ḥanafite marriages of virgins, no one thinks of expecting from the bridegroom and the wali, even with the kali to assist them, a full knowledge of all the rules controlling marriage under the Ḥanafite teaching, although the law, as we have seen, makes this a condition in regard to the taqlīd. It is enough simply to keep up appearances, and to follow, however faultily, the outward form.

The wali and the bridegroom go to the kali with the girl and the authorities of her gampōng (the keuchiʾ, the teungku and the two leubès who serve as witnesses) in order to baléʾ meudeuhab as it is called (i. e. to change the maḍhab or school of doctrine under his guidance.

The circumstances of the case, viz. that the girl has no walis in the ascending line or that they live at too great a distance to act in the matter, but desire to give her in marriage according to custom, are first communicated to the kali. He replies somewhat as follows: "According to our imām (as-Shafiʾi) it is not permissible to give this maid in marriage in the absence of her father and grandfather; this can only be done according to the teaching of the imam Abu Ḥanifah". Thereupon the wali and bridegroom reply: "We will follow your decision, oh Teungku!" . This is really quite improper, as in case of taqlīd there should be no mention of following the decision of a third person.

The kali now dictates to both wali and bridegroom a formula which