Page:Christiaan Snouck Hurgronje - The Achehnese - tr. Arthur Warren Swete O'Sullivan (1906).djvu/131

This page has been proofread, but needs to be validated.

96

proper walis by kinship are either dead or reside at a distance (the limits of which are fixed by the law) from the home of the bride.

The fees for this service vary according to circumstances, just like that given to the teungku meunasah for concluding marriages, one of his duties under the adat.

c. Taking the lead in the very customary baléʾ meudeuhab, a curious evasion of the law, through which the Achehnese consider themselves justified in marrying girls who are not of age, even though the authoritative walis (those in the ascending line) are wanting. Further details on this head will be found in our description of the marriage law. In this case again the regular fee is four dollars.

d. Making the requisite calculations for the division of inheritances, a task which the ulèëbalang is of course unable to perform for himself. The latter however in such cases uses his kali simply as an accountant, as he wishes to keep the control of such matters in his own hands. The ulèëbalang receives the 10% commission allowed him by the adat as haʾ praʾé or succession duty, and even assumes control of the shares of absent heirs and some of those under age, the usual result being that these shares are considerably diminished or entirely disappear.

For making these calculations, which are in all essentials worked out in accordance with the Mohammedan law (v. inf. in our description of customs connected with decease) the kali gets simply such recompense as the ulèëbalang may choose to allow him.

In all other cases or suits brought before the ulèëbalang, the kali as a rule holds aloof. This is because not only the system of evidence adopted, but also the sentences passed, are in such direct conflict with the sacred law that the presence of the representatives of this law would only bring it into contempt. Yet there are some ulèëbalangs who summon their kali on such occasions for form's sake, and after enquiring of him with much apparent solicitude, what would be the fiat of the hukōm in the case under consideration, beg of him to allow the decision in this one instance to be given in accordance with the adat; whereto the kali assents with a respectful seumbah.

Some few pious ulèëbalangs, who of their own accord allowed their kalis a larger share in the administration of justice, or conformed to their advice, are cited as rare exceptions.

The kali rabōn jalé and kali malikōn adé.The panglima sagi was the chief ulèëbalang of his confederation, and