Bale meudeuhab (literally “changing the madhab,” i.e. changing the school of Mohammedan doctrine) is the Achehnese ceremony by which a marriage that is unlawful under the Shafi’ite school — to which the Achehnese generally belong — is rendered permissible through a formal act of taqlīd, or adoption of the Hanafite teaching, performed under the guidance of the kali. The institution is described in detail by C. Snouck Hurgronje in The Achehnese in his chapter on the marriage contract. It is one of the most curious survivals of legal fiction in Achehnese family law.
The Legal Background
The Shafi’ite school — that of the imam as-Shafi’i — does not permit a virgin to be given in marriage in the absence of her father or grandfather (walé in the ascending line), even where she has reached full age. The Hanafite school, by contrast, permits such a marriage, even regarding the asking of the woman’s consent as only recommended (rather than obligatory). When the Achehnese have recourse to the Hanafite teaching in such a case, they perform what is technically called bale meudeuhab, “changing the madhab,” under the guidance of the kali.
It must further be borne in mind that, in these numerous cases of Hanafite marriages of virgins, no one thinks of expecting from the bridegroom and the walé, even with the kali to assist them, a full knowledge of all the rules controlling marriage under the Hanafite teaching, although the law 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 Formalities
The walé and the bridegroom go to the kali with the girl and the authorities of her gampong — the keuchi’, the teungku, and the two leubes who serve as witnesses — in order to bale meudeuhab as it is called, that is, to change the madhab or school of doctrine under his guidance. The circumstances of the case — viz. that the girl has no walé 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 imam [as-Shafi’i] 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 Hanifah.”
Thereupon the walé 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 walé and bridegroom a formula which is understood to authorize them to have recourse to the taqlīd for the matter in hand. This runs as follows: “We embrace the authority of the Hanafite Imam, this is our belief; I agree with the Hanafite imam in this question, that it is permissible to give in marriage a child under age who has neither father nor grandfather; I am convinced of the force of the Hanafite arguments.” After this mock taqlīd, the kali is empowered by the walé in the same way as the teungku in other cases. The marriage ceremony is then completed.
Popular Understanding and the Kali’s Fee
The common people who have recourse to this taqlīd in actual practice have no knowledge of the niceties of the question. It is enough for them to know that a special method known as bale meudeuhab, which is stamped with the approval of the ulamas of Acheh and in which the kali is regarded as an indispensable guide, has to be adopted in order to marry young girls who have no walé in the ascending line — and that this guide must receive four dollars for his trouble. It may even be doubted whether the majority of kalis, whose incomes are augmented to no inconsiderable degree by this bale meudeuhab, have any real knowledge of its origin. Indeed some kalis find themselves compelled (like the teungkus) owing to their ignorance to have their task performed for them by some helpful friend who is well versed in the law.
As Hurgronje notes, the kali is also resorted to on the less common occasions when a virgin of full age whose walé is absent, or who has no walé, is given in marriage.
See Also
Source
The Achehnese, Vol. I, by Dr. C. Snouck Hurgronje, translated by A.W.S. O’Sullivan, indexed by R.J. Wilkinson. Leyden: E.J. Brill, 1906.