In the Hikayat Dari, the child-disciple who successfully debates and silences the atheist Dari. Historically, Abu Hanifah is the founder of the Hanafite school of Islamic jurisprudence, frequently invoked in Acehnese marriage law (bale meudeuhab).
Expanded account from The Achehnese, Vol. I — Abu Hanifah
Abu Hanifah (Arabic Abū Ḥanīfah; full name al-Nuʿmān ibn Thābit, c. 699–767 CE) is the eponymous founder of the Hanafite school of Mohammedan law, one of the four orthodox madhhabs of Sunni Islam. In Vol. I his name is principally invoked in the long chapter on the law of marriage, where the Hanafite school provides a body of taqlīd (recourse to another school’s doctrine) by which Achehnese girls who cannot be given in marriage under the Shafiʿite rules of their own country may be lawfully married with the help of the kali.
The Hanafite order of walis
The order of sequence of the walis (marriage guardians) in the school of Abu Hanifah differs from that of the Shafiʿites. In the Hanafite school the descending line takes precedence of those mentioned in the Shafiʿite list, so that a son of full age has the first right to be wali of his mother. Otherwise the series is the same so far as the agnates are concerned, but after these come in the first place the mother (who under Shafiʿite law can never be a wali), and then the relations on the mother’s side in order corresponding to the degree of consanguinity. After these come the patron and finally the civil authority.
Among the Hanafites, Snouck Hurgronje continues, “a woman of full age can never be given in marriage without her consent even though she be a virgin”; on the other hand, all walis have the right to give a virgin who is under age in marriage without her consent. The only distinction they make between the walis in the ascending line and others is that, when the former have exercised the said right of compulsion, the marriage contract receives absolutely binding force, whereas in the case of a forced marriage arranged by one of the other walis of the woman, the latter, as soon as she is of full age and becomes aware of the circumstances, has the right to demand faskh (separation). Under the Hanafite law an absent wali is also replaced by his successor in the list, and not directly by the civil authority as is the case with the Shafiʿites.
The Achehnese “taqlīd”
In Acheh it is the universal custom to apply, in these matters, so far as appears desirable, the teuketilit — the Achehnese pronunciation of taqlīd. Where an Achehnese girl is under Hanafite age and her walis in the ascending line are dead or absent, her being given in marriage is facilitated by the tenets of the Hanafite school. It is a somewhat singular fact, Snouck observes, that the kalis of Acheh not only recognise this adat — though they ought properly to keep entirely clear of adat and follow the Shafiʿite 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 Shafiʿite though permitted by the Hanafite 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.
The formalities prescribed for this mock taqlīd are notable. The wali and the bridegroom go to the kali with the girl and the authorities of her gampong (the keuchiʿ, the teungku and the two leubes who serve as witnesses) in order to bale meudenhab — to “change the madhab” or school of doctrine — under his guidance. The kali informs them: “According to our imam [as-Shāfiʿī] 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.” Whereupon the wali and bridegroom reply: “We will follow your decision, oh Teungku!” — which Snouck pronounces “really quite improper, as in case of taqlīd there should be no mention of following the decision of a third person.” The ceremony concludes with a formal declaration: “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.”
See Also
Source
The Achehnese, Vol. II, by Dr. C. Snouck Hurgronje, translated by A.W.S. O’Sullivan, indexed by R.J. Wilkinson. Leyden: E.J. Brill, 1906.
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.
In the Hikayat Dari, the child-disciple who successfully debates and silences the atheist Dari. Historically, Abu Hanifah is the founder of the Hanafite school of Islamic jurisprudence, frequently invoked in Acehnese marriage law (bale meudeuhab).
Expanded account from The Achehnese, Vol. I — Abu Hanifah
Abu Hanifah (Arabic Abū Ḥanīfah; full name al-Nuʿmān ibn Thābit, c. 699–767 CE) is the eponymous founder of the Hanafite school of Mohammedan law, one of the four orthodox madhhabs of Sunni Islam. In Vol. I his name is principally invoked in the long chapter on the law of marriage, where the Hanafite school provides a body of taqlīd (recourse to another school’s doctrine) by which Achehnese girls who cannot be given in marriage under the Shafiʿite rules of their own country may be lawfully married with the help of the kali.
The Hanafite order of walis
The order of sequence of the walis (marriage guardians) in the school of Abu Hanifah differs from that of the Shafiʿites. In the Hanafite school the descending line takes precedence of those mentioned in the Shafiʿite list, so that a son of full age has the first right to be wali of his mother. Otherwise the series is the same so far as the agnates are concerned, but after these come in the first place the mother (who under Shafiʿite law can never be a wali), and then the relations on the mother’s side in order corresponding to the degree of consanguinity. After these come the patron and finally the civil authority.
Among the Hanafites, Snouck Hurgronje continues, “a woman of full age can never be given in marriage without her consent even though she be a virgin”; on the other hand, all walis have the right to give a virgin who is under age in marriage without her consent. The only distinction they make between the walis in the ascending line and others is that, when the former have exercised the said right of compulsion, the marriage contract receives absolutely binding force, whereas in the case of a forced marriage arranged by one of the other walis of the woman, the latter, as soon as she is of full age and becomes aware of the circumstances, has the right to demand faskh (separation). Under the Hanafite law an absent wali is also replaced by his successor in the list, and not directly by the civil authority as is the case with the Shafiʿites.
The Achehnese “taqlīd”
In Acheh it is the universal custom to apply, in these matters, so far as appears desirable, the teuketilit — the Achehnese pronunciation of taqlīd. Where an Achehnese girl is under Hanafite age and her walis in the ascending line are dead or absent, her being given in marriage is facilitated by the tenets of the Hanafite school. It is a somewhat singular fact, Snouck observes, that the kalis of Acheh not only recognise this adat — though they ought properly to keep entirely clear of adat and follow the Shafiʿite 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 Shafiʿite though permitted by the Hanafite 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.
The formalities prescribed for this mock taqlīd are notable. The wali and the bridegroom go to the kali with the girl and the authorities of her gampong (the keuchiʿ, the teungku and the two leubes who serve as witnesses) in order to bale meudenhab — to “change the madhab” or school of doctrine — under his guidance. The kali informs them: “According to our imam [as-Shāfiʿī] 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.” Whereupon the wali and bridegroom reply: “We will follow your decision, oh Teungku!” — which Snouck pronounces “really quite improper, as in case of taqlīd there should be no mention of following the decision of a third person.” The ceremony concludes with a formal declaration: “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.”
See Also
Source
The Achehnese, Vol. II, by Dr. C. Snouck Hurgronje, translated by A.W.S. O’Sullivan, indexed by R.J. Wilkinson. Leyden: E.J. Brill, 1906.
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.