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unwarrantable conclusion that the presence of the so-called "priests" or other officials at Mohammedan marriages has in other countries "an absolutely (sic) different significance from what it has in Java and Madura"[1]. This results from his having failed to grasp the meaning of the wali's authorization. The persons who have entrusted to them the task or special commission to conclude marriage contracts in their division or district have naturally no liking for competition, being human enough to feel a strong inclination to monopolize the profits arising from the making of marriage contracts. This finds support in the wish of the authorities to protect the law governing domestic life from becoming a prey to confusion. If everyone who, rightly or wrongly, had the reputation of being a suitable person to manage the preliminaries of marriages, was allowed to act in such matters, there would be much more confusion in the Mohammedan lawsuits arising from the relations between married people than is now actually the case. Thus we find every precaution taken to avoid such a state of things[2].
In Java the district pangulus have an easy task in this respect. First of ail they have hardly any to compete with them in the inland districts, and in the next place the official makers of marriages have the support of the chiefs, who would regard it as an act of usurpation on the parts of a kyahi or doctor of Mohammedan law to conclude a marriage contract. At places on the coast and especially at Batavia the conclusion of contracts by "amateurs" in this line is of very common occurrence, and no one thinks of questioning their legality[3]. If we ask why this so seldom takes place inland we receive the unanimous reply that no one dares to assume the responsibility for fear of being
- ↑ See p. 459 of his essay above quoted on the "Afwijkingen". Even the uninitiated can see that the function of this agent of the wali is entirely distinct from the exercise of the kuwasa kakim, which Van den Berg has identified therewith.
- ↑ See my Mekka, Vol. II p. 161.
- ↑ Here again Van den Berg has gone quite astray. "Unless", he says "he (the "priest" or official marriage-maker) declares the marriage to have been concluded, the parties are not man and wife, even though the formalities by which their willingness to wed is declared are complete in every other respect". Such marriages have in fact been often declared valid by the Mohammedan courts in Java, in which those who are interested in a seperation are allowed to sit, [Recent legislation in Java has now (by ordinances passed in in 1895 and 1898) confirmed and protected that adat by which marriage contracts are concluded by permanent district pangulus. Those who aid in the making of a Mohammedan marriage without proper authority, are punished, but the marriage itself is not declared unlawful, as this would conflict with the religious laws and customs of the natives].
