The Primitive Malay Marriage Law

By Charles Sumner Lobingier

In the evolution of the human marital status institutional writers[1] distinguish three stages, (I) wife capture, (2) purchase, and (3) mutual assent. These several stages while normally sequent may, nevertheless, be contemporaneous, not only as between peoples of different culture states, but even among the same people. Among the Moros of Mindanao, e. g., the first stage survives, but our earliest glimpse of most Malay tribes, at least in the Philippines, finds them in the second stage.

Not to mention the Negritos[2] and their cousins, the Bataks of Palawan, with both of whom outright purchase of the wife appears to be the rule, and who, though not Malay, have not improbably been influenced by the customs of their earliest neighbors; the Tagbanuas Apurahuanos, a highly pnmitive Malay tribe of central Palawan, appear to be still in the purchase marriage epoch. As described by an observer who spent years on the island, the family of a suitor “according to its circumstances, will send to the family of the chosen one a ring of gold, silver, or copper, an unmistakable sign that the family begs the hand of the woman,”[3] and the fathers of the two will later “unanimously decide the conditions of the wedding and the quantity of the bandi which the family of the bride desires.”[4] Bandi appears to be a general term for compensation, and we have, in the transaction thus described, all the essential preliminaries of the purchase marriage.

The Tagalogs

Our earliest detailed information regarding the customs of this most conspicuous of the Malay tribes in Luzon, if not in the entire archipelago, is found in the Relación of Fr. Juan Plasencia which appeared in 1589. In his description of their marriage customs the following passages occur:

 “Dowries are given by the men to the women`s parents. If the latter are living, they enjoy the use of it. At their death, provided the dowry has not been consumed, it is divided like the rest of the estate, equally among the children, except in case the father should care to bestow something additional upon the daughter. If the wife, at the time of her marriage, has neither father, mother, nor grandparents, she enjoys her dowry—which, in such a case, belongs to no other relative or child.”

 “In the matter of marriage dowries which fathers bestow upon their sons when they are about to be married, and half of which is given immediately, even when they are only children, there is a great deal more complexity. There is a fine stipulated in the contract, that he who violates it shall pay a certain sum which varies according to the practice of the village and the affluence of the individual. The fine was heaviest if, upon the death of the parents, the son or daughter should be unwilling to marry because it had been arranged by his or her parents. In this case the dowry which the parents had received was returned and nothing more. But, if the parents were living, they paid the fine, because it was assumed that it had been their design to separate the children.”[5]

Fr. Plasencia doubtless viewed these customs in the light of those with which he was familiar at home and applied what he considered corresponding terms; but it seems clear that what he calls “dowry” was merely the consideration for the bride and that the purchase marriage was in full vogue among the Tagalogs of his day.

Other Tribes

Another early observer of Malay customs in the Philippines, even before Plasencia, was Loarca who wrote in 1582. Speaking of the “Pintados” (Bisayans) he, too, mentions the “dowry,” which he also calls “earnest-money,” and which he says among the chiefs is generally “one hundred taes in gold, slaves and jewels”[6] and which he elsewhere says[7] belongs to the father of the bride until children are born to the wedded pair. He also mentions the “dowry” as in vogue among the Moros and says that it is forfeited by the groom`s wrongful repudiation of the marriage and that the wife, upon leaving the husband, must return the “dowry” and, if he have committed adultery, double the amount.[8]

Paying The Price In Labor

The custom of a suitor serving the parents of his intended bride for a period more or less long before marriage is very ancient and widespread. We are all familiar with the story of how Jacob served Laban for fourteen years in order to claim the hand of Rachel.[9] This, like other tales of the Old Testament, probably presents a very faithful picture of early Hebrew customs and typifies those in vogue among other primitive peoples. Curiously enough, we find this archaic practice persisting in the Philippines[10] up to the present day and prevailing before our eyes. It is reported, not only among the non-Christian Igorots of Bontoc,[11] and Nueva Vizcaya,[12] but also among the Tagalogs,[13] the Pangasinanes,[14] and the Bisayans of Bohol[15] and Leyte.[16] Further investigation would probably reveal it in many other quarters, and it appears to be the survival of what was once a nearly, if not quite, universal custom. It appeals not to be in vogue now among the Benguet Igorots.[17]

Polygyny

That polygyny was in vogue among the primitive Malay appears to be certain. While Plasencia in writing of the Tagalogs does not refer to polygyny by name, he speaks of the innasava or plural wives,[18] and several of his passages indicate the existence of polygynous relations. The Moros of Mindanao and the Sulu group[19] still practice polygyny as do likewise the Tagbanuas Apurahuanos of Palawan,[20] the Bataks of the same island,[21] and the Negritos.[22] Among the Igorots, at least those of Bontoc and Benguet, the practice appears to have fallen into disuse, although a closer knowledge of their past would probably reveal it, and it is reported[23] from Benguet that a system of progressive polyandry prevails, to a limited extent, among the Igorots of that region.

Polyandry is practiced among the Bataks of Palawan[24] and they are said to be the only people, except the Tibetans, where it is in full vogue.

The general existence of polygyny at so late a period not improbably accounts for the still widely prevalent querida system in the Philippines.

Prohibited Marriage

In one respect this primitive Malay marriage law is more strict than that of even the most civilized nations. Marriages between near relatives are generally prohibited, and at least among the Igorots[25] and among the Tagbanuas Apurahuanos of Palawan[26] this is so extended as to include first cousins. With the last named tribe incest—i. e., the non-observance of these restrictions—“ is the most serious of all crimes and merits the severest punishment.”[27]

Celebration of The Marriage

As among most primitive peoples, the Malay marriage is not usually complete without a ceremony. Such a conception as the “common law marriage” belongs to a much later stage and is, in fact, not recognized under any system of law prevailing in the Philippines. Among the Bontoc Igorots the ceremony consists in the bride and groom eating rice together[28] much after the manner of the Roman confarreatio. The Tagbanua marriage is thus described by Venturello,[29] who further says[30] that the same is also in vogue among the Bataks (probably borrowed):

 “When the wedding day has arrived the family of the bridegroom and all the old people of the rancheria meet in the house of the bride, taking hither all the necessary articles for the celebration of the wedding such as pangasi, boiled rice, fish, delicacies, etc. When all is ready the babailan will officiate. If, however, there be no babailan among them, an old man of the rancheria who possesses the friendship and confidence of the two families will act as a substitate. The officiating one having previously placed in a cup or small hole in the ground a certain amount of cocoanut oil, will turn his eyes to the heavens in a supplicating manner and will pronounce the following words of the ceremony in Tagbanua:

“ `Way ini ytaonga magasaua “Darait” ipagpanauag canimo ay pa buegayan mo naga sira et magayen nga pag asaua at maruay nga panulos et mas que uno unong caquenan nira.` “

“Being translated: `Here are those who are married “Darait” unto thee we recommend them in order that thou givest to them a happy union and the facilities to hunt and to meet with those things which are necessary for their life, their prosperity, and their well being.` “

“This being said, he will then place his thumb in the vessel containing the oil and will anoint with it the fore-finger of the groom, touching it from the end of the finger down to the pulse and saying the following words in Tagbanua: `Apiat magayen nga palad,` which is to say, `May your good fortune ascend.` Afterwards, placing the palm downwards, he will again anoint the same fore-finger, beginning at the pulse and thence to the tip, saying words very similar to the above and which signify `May your bad fortune descend.` The bride is similarly anointed. After this ceremony the padrinos (best man and bridesmaid) of the newly wedded pair prepare two plates of boiled rice. Each one will make a ball of rice the size of a hen`s egg and hand it to their respective proteges who receive it with great attention and presently exchange it with one another, so that the groom gives his portion of boiled rice to the bride who immediately gives hers in exchange.”

This ceremony is probably typical of many prevailing among the primitive tribes,[31] and its elaborateness indicates the importance attached to the event and to the consequent status.

Dissolution

Nevertheless the primitive Malay marriage appears nowhere as indissoluble. Divorce is usually authorized for adultery.[32] Plasencia indeed tells us that among the primitive Tagalogs an adultress “was not considered dishonored by the punishment inflicted nor did the husband leave the woman.”[33] But elsewhere he speaks of divorce, indicating that it was rather loose, since he alludes to cases where “the wife left the husband for the purpose of marrying another.”[34] Among the Benguet Igorots the wife may likewise be divorced for laziness, for possessing a quarrelsome disposition,[35] and apparently for barrenness.[36] Indeed, it seems that the last is a ground in most cases, for it is reported[37] that “divorce is not very common if children have been born.”

Regarding the disposition of the property upon divorce the same authority says:

 “If the property is held in common, which is generally the case if there are children, it is divided either by the parties themselves, or in case of disagreement by the leading men of the town. The one who keeps the children gets the larger part of the real property. The woman always gets the house. Personal property is divided equally.”

Apparently there was more consideration for the children in such cases among the primitive Tagalogs, for according to Plasencia:

 “When the husband left his wife, he lost the half of the dowry, and the other half was returned to him. If he possesses children at the time of his divorce, the whole dowry and the fine went to the children, and was held for thern by their grandparents or other responsible relatives.”[38]

On the other hand:

 “In the case of a divorce before the birth of children, if the wife left the husband for the purpose of marrying another, all her dowry and an equal additional amount fell to the husband; but if she left him, and did not marry another, the dowry was returned.”[38]

But with the Bellguet Igorots:

 “In case of divorce where no children have been borne, there is no trouble concerning the property division as husband and wife keep their property separate until the birth of children. A reason for this can probably be found in their rules of inheritance.”[39]

MANILA, P. I.

_________________

American Anthropologist, New Series, Vol. 12, No. 2, (Apr.—Jun., 1910), pp. 250-256

Source : www.jstor.org

Photo credit : robertlindsay.blogspot.com

---

Share

Write your comment !