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In the first place the order of sequence of the walis in the school of Abu Ḥanifah differs from that of the Shafiʾites.
In the former the descending line takes precedence of those mentioned in the list given on pp. 331–33 above, so that the son if of full age has the first right to be wali of his mother[1]. Otherwise the series is the same as we have described it so far as the agnates are concerned, but after these come in the first place the mother (who under Shafiʾite 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 comes the patron and finally the civil authority[2]. Among the Ḥanafites moreover, a woman of full age can never be given in marriage without her consent even though she be a virgin[3]; 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 that they make between the walis in the ascending line and others consists in this, 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 being 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)[4]. The same holds good as regards boys under age who have been married by their guardians, but in their case the compulsory power even of the walis in the ascending line is simply conditional.
Under the Ḥanafite law we also find an absent wali replaced by his successor in the list, and not directly by the civil authority as is the case with the Shafiʾites.
In Acheh it is the universal custom to apply in these matters, so far as appears desirable, the teukeulit, as the Achehnese pronounce taqlīd. In regard to this it is a somewhat singular fact that not only do the kalis of Acheh recognize this adat (though they ought properly
- ↑ It will be observed that the function of the wali as such consists simply in looking after the honour of his family; and this is recognized by the Mohammedan teachers themselves; but actual guardianship of the son over his mother is of course unknown.
- ↑ As to this see the Sharh al-wiqâyah (Kasan 1881) p. 124.
- ↑ This is permitted among the Shafiʾites, the asking of the woman's consent being only recommended, The Ḥanafites consider even the marriage of a woman of full age without a wali permissible and only admit a right of protest when the woman marries beneath her and thus brings dishonour on her family.
- ↑ Sharḥ al-wiqâyah pp. 122–23.
