N. Tanner The nuclear family in matriliny: the mirror of disputes

In: Bijdragen tot de Taal-, Land- en Volkenkunde 138 (1982), no: 1, Leiden, 129-151

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Introduction Many disputes among the matrilineal Islamic Minangkabau of West , , are among kinfolk — preeminently among matri- lineal kin, then among kin related by marriage.1 In the latter instance a dispute often initiates between a woman and her husband, then expands outwards to include wider and wider circles of kin — of both her and his matrilineal kin groups. Information on Minangkabau disputes can shed light on both the dynamics of kin interaction in Minangkabau society and on some aspects of change, but only in the context of Minangkabau ethnography and history (Tanner 1976). In- deed, simply to understand the disputes themselves — let alone use disputes as a key to comprehend patterns of social and cultural change — is a major endeavor (Tanner 1969, 1971). Not only do the Minangkabau have differing modes of settling disputes out of court and within the courts, but also they utilize principles from three legal heritages — their or 'custom', Islam, and the West (Tanner 1970, 1975, n.d.). Even more basic, to study disputes among kin necessitates considerable familiarity with the intimate workings of family life. I thank the many who entrusted detailed and private information to me in four years of fieldwork during the 1960s and 1970s in and around , , Indonesia, and hope I have not misrepresented these delicate and oft-times painful aspects of their lives. The Minangkabau have been called duolocal, uxorilocal, matrilocal, and now also, for those who leave their villages, neolocal: duolocal because men still stay very attached to their mother's matrilineally extended family and household, often returning during the daytime for

NANCY MAKEPEACE TANNER is an anthropologist with several years' research experience regarding the Minangkabau of West Sumatra during 1963-66, 1972, and 1974. She has taught at the University of Chicago and currently teaches anthropology at the University of California, Santa Cruz, U.S.A. She has published many articles on the Minangkabau and is the author of a recent book published by Cambridge University Press, On Becoming Human.

Downloaded from Brill.com09/25/2021 03:05:55PM via free access 130 Nancy M. Tanner various activities; uxorilocal because today men are increasingly be- coming attached, both residentially and in terms of activities and commitment, to their wives' matrilineal households; matrilocal because women do not need to change homes —• an adult woman can continue living in the home of her mother, the home where she grew up; and neolocal for those women and men who leave their natal village to go to a nearby or very distant urban area, sometimes obtaining a new house of their own in this new place. The matrilineal, matrifocal extended family in which a young person is reared remains of real significance throughout life, and no matter where one is (Tanner 1972, 1974). Matriliny, for the Minangkabau, is not only a matter of the sort of home and kin group one grew up in. It is also a matter of identification and pride. The Minangkabau do not find themselves surprised when anthropologists and others are interested in their heritage (Kato n.d.). Yet the Minangkabau are very much a part of the 'modern' world. They have a custom called merantau which, roughly, means to go out from the home village, to migrate — perhaps only to another area in Indonesia, perhaps to another country. The migration may well be temporary, a way to establish oneself financially, with sporadic or frequent returns to the village. Or it may be a much longer-term migration, one where the adults still remember the village but their children have never seen it. Merantau was once thought of as something that young men did, while the women remained in their matrilineal homes in the village supervising the farming of the matrilineal lands and engaging in home industries and marketing, and older more established men had traditional village roles. In contemporary society a woman also leaves the village to continue her education, to seek a city job, and/or to join a husband with a position in the rantau (migration area) that is important enough to leave the village for. Urban Minangkabau families coexist with village families. And, in both the village and city, the nuclear family functions in the con- text of the matrilineal extended family. It is of somewhat more importance than previously and its growing significance in the con- text of matrilineal kinship is helping Minangkabau matriliny adapt to the increased mobility of both women and men in the contemporary world. These adjustments are not occurring without tension, conflict, in- formal and formal disputing, and civil, criminal and Islamic court cases, however. It is the purpose of this article to explore some of the difficulties that the Minangkabau have been dealing with, in what is on the whole a very effective process of continuity and change. The perspective of this report and analysis is that of Minangkabau villages and provincial towns. A comparable study of Minangkabau in the rantau remains to be done.

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Marriage: Romance and kin choice A great deal has been written about Minangkabau romance and practices of selecting husbands and wives, most of it by the Minang- kabau themselves: During the twentieth century they have written innumerable short stories and novels, many of them reprinted several times, with titles that, for example, can be roughly translated as: [Mistaken Choice] (Nur St. Iskandar n.d., 4th printing 1962), [Searching for a Fianceé] (A. Damhoeri 1935, 4th printing 1962), [Meeting of the Betrothed] (Abdoel Moeis 1932, 5th printing 1964), [To Meet Again] (Ajip Rosidi n.d.), [Girl in the Window] (Djamalul Abidin Ass n.d., 2nd printing 1962), [Modern Girl] (Abbas Hassan n.d., 5th printing 1963), [A Best Friend's Wife] (Suwardi Idris n.d., reprinting 1963). Similarly, there are songs with titles like 'Girl of My Dreams' (Rachmat Cartolo 1963) and 'Broken Heart' (no author listed 1963) .2 The Minangkabau have an ideal of romantic love — at a distance. The romantic ideal is evinced in Minangkabau song, dance, and litera- ture. Although it is difficult to determine how long this ideal has existed, it clearly is not an innovation of the present generation. An important literature on romantic themes exists in the national literature written by Minangkabau, starting in the 1920s and 1930s (Johns 1967; Teeuw 1967). Old people will occasionally admit to exchanging handkerchiefs with their foeloved when they were young; old plays often refer to a young man leaving hls village because his beloved married another; or, alternatively, such traditional plays speak of the disappointment of the young man returning from afar, only to find that his beloved has already married. Similarly, the existence of love magie, a traditional means for gaining the favor of one's beloved or of punishing her if one-is rejected, seems to indicate that the ideal of romantic love is no recent innovation. Set off over and against this ideal is the stated norm that choosing a spouse is "old folk's business". And it is a very complicated business indeed, requiring considerable thought and discussion within circles of kin that become more and more inclusive as the choice becomes more certain. Negotiations with the kin of the husband- or wife-to-be are extensive, ritualized and complex. Further, not only does marriage represent an alliance between matrilineal kin groups, it is also a major topic of intra-kin groupinteraction. As for all important decisions by Minangkabau kin groups, mupakaik (choice through group discussion, deliberation, and consensus) is the ideal. The following example illustrates what Minangkabau mupakaik can mean in practice. A young woman in her late twenties showed no interest in getting married, nor did her mother have any prospective candidates in mind.

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Her older brother returned from the rantau (migration area) to the village. He helped repair their minor lineage house and suggested that it was time to look for a husband for his sister. Later he found a man who was interested in taking a second wife. He suggested the man to his mother as a possible candidate. She discussed it informally with her sister and both agreed that the man would be acceptable. The young woman probably realized that these informal discussions were taking place but was not a party to them. The mother and this son then invited the adult lineage men (the men of four houses — the children and grandchildren of five sisters, three of whom were still living) plus the urang sumando (inmarried males) of that house cluster to gather at the mother's house to discuss the prospective marriage candidate. The men first ate together, served by the mother, her daughters (with the exception of the young woman whom the meeting concerned) and her daughters' daughters. Af ter eating, the young woman's older brother, who was the oldest male of the lineage, explained why they were gathered together. It was, he said, not good for a woman to remain unmarried and he had found a possible candidate — a young man who, although of a different matrilineal kin group, as is required for marriage, was still somewhat related to them. He was a grandchild of an anak pisang, that is, a grandchild of one of the matrilineal group's "sons". This fact brought approval, as did other features: he was a good worker, did not have a bad reputation, and was willing. After some discussion of these points, one of the inmarried males brought up the question of the young woman's attitude to the projected match. He explained that today, unlike in the past, it is appropriate that a young woman be consulted as to her feelings about a prospective husband. The others agreed and sent for her. In response to question- ing, she replied that she would rather not marry the proposed candidate. They questioned her as to why she objected to him. She answered that she had been carefully trained in Islam but that he had little religious training or inclination. The men discussed this reason and eventually came to the conclusion that, if it were only a matter of his religious performance, he could later be influenced for the better by his wife-to-be. She listened to this part of the discussion and, when her brother summed up the group attitude for her, she made no further objection. The group (minus the young woman) then went on to make plans for the wedding. In this example a potential conflict of interest between the young woman and her kin group is resolved more or less satisfactorily by bringing her into the discussion, treating her objection seriously and endeavoring to convince her that her objection is outweighed by positive factors. This young woman was willing to accept "the old people's choice" for her, perhaps largely because she was a quiet village woman who had spent most of her life in her own small lineage hamlet. Her daily routine since the end of her formal education on graduation from sixth grade at the village school had not brought her

Downloaded from Brill.com09/25/2021 03:05:55PM via free access The Nuclear Family in Minangkabau Matriliny 133 into frequent contact with unattached boys and men of other lineages, and she had no candidate of her own. The life situation of many young women in Minangkabau today is radically different. The foüowing figures for school enrolhnent in Bukittinggi,3 the largest inland town of West Sumatra (population approximately 58,000 4), teil part of the story:

Grades Male Female Total Elem. School (1-6) 5,002 4,745 9,747 Jr. High (7-9) 2,241 1,859 4,100 Sr. High (10-12) 2,135 1,830 3,965 College (13-17) 498 306 804 4,874 3,995 8,869

9,876 8,740 18,616

The meaning of these figures is better understood when one realizes that only about a generation earlier — prior to 1947, two years af ter the Indonesian proclamation of independence but also two years before world recognition of that independence — public schools extended only through the sixth grade and only a select few had an opportunity to continue their education beyond that level. In only two decades, between 1947 and 1968, post-elementary education grew to almost 9,000 students, of which roughly 4,000 were female. Many of these students are village youngsters who walk to school each day or who room and board in town. Going to town to high school has not been a major departure in lifestyle for adolescent boys. Indeed, it fits neatly into the ancient pattern of boys leaving home in adolescence or young adulthood to' begin to earn a living trade. But for Minangkabau girls the early teens traditionally meant that their childhood freedom of movement was restricted; that they spent more time in their own household than they had before or ever would again; that they no longer played with boys and were not even supposed to talk or walk with them; that in f act they were supposed to be modest, shy, and demure until their marriage. In the past, adolescence for girls represented a major break with both the freedom of childhood and the authority and responsibility of adult- hood. Thus education, especially education away from the village, has allowed changes in lifestyle and demeanor for adolescent Minangkabau girls. No longer is there the sharp discontinuity with their relatively f ree childhood and adulthood. At school girls talk and joke with boys. A group of girls and boys may go out to the movies or get a snack in the market together. Sometimes a boy.and girl will even walk together along a public street or in the market; although they will not be éntirely

Downloaded from Brill.com09/25/2021 03:05:55PM via free access 134 Nancy M. Tonner oblivious to the stares and gossip of older folk, they will pretend to ignore it. In the 1960s girls who did not continue beyond elementary school still often married in their early teens, as had most girls until not long before; but school girls could often put off marriage as long as they prolonged their education. By the 1980s this could also mean through their professional preparation — for example, teacher's training, law school, medical school — and the early period of their professional life. The appeal to the value of education — a value upon which most Minangkabau agree — has provided important leverage for changes in custom.5 One dispute which occurred in the mid-1960s clearly expressed tension in values between education for women, which has been important in Minangkabau since the founding of women's schools by modernist Islamic women leaders early in this century, and the tradi- tional early marriage for women. In this dispute the village school principal opposed the prospective marriage of one of his 13-year-old female students — a marriage already arranged by the parents and kin elders (Tanner 1970: 382-384). The girl was not consulted, however, and in that sense the situation was still the traditional one of marriage- arranging being "old folk's business". Increasingly, though, Minang- kabau young women are influencing the timing of their marriages and some are attempting to influence the choice of marriage partner as well. Girls who are not particularly eager to marry — who see in marriage additional work and responsibility, probable financial diffi- culty and few compensatory rewards — find that they can hold off kin marriage-arranging by making known their wishes to continue in school. Some young women have also found that their expressed desire to get work experience for awhile before marriage can serve as legitimate reason for delay was well.6 There are currently two marriage patterns for women: (1) the tradi- tional early marriage is still arranged for some village girls who do not continue their education or take jobs, but (2) educated women both in the villages and in towns often marry considerably later and may work before marriage as well. Today, marriage age varies from the early teens through the late twenties or, in some cases, even later. Not marrying at all is rare. However, marriage may not involve a great deal of personal contact if the woman remains in the village and her hus- band is in the rantau, that is, if he is living and working in a migration area as is so common for many Minangkabau. The ideal of romantic love, the growing contact between young men and women in high school and college, the increasingly protracted period prior to marriage — all make it probable that young men and women will form attachments to one another before marriage. And some do. Yet few of the attachments eventuate in marriage. The result

Downloaded from Brill.com09/25/2021 03:05:55PM via free access The Nuclear Family in Minangkabau Matriliny 135 is that men and women may experience a time of emotional crisis in early adulthood: a time for both men and women in which they face a difficult choice between their own and their mothers' and other kin's marital choice for them. In the end, a woman may discover either that making such a choice can result in a serious price in terms of kin group relations and/or she may find the man she has chosen is not emotionally free to marry her, and that he has ultimately accepted his mother's choice. He may do so because, basically, he is not confident that he will find security in a wife. He knows divorce is very common. He knows that he will, to some extent, be on trial in his wife's matrilineally extended family household, and that the success of his marriage will depend not only on his relationship with her but on his relationship to her kin. And he knows that these both are more than a little conditional on his economie contribution to the family. Further, he may secretly suspect that wives be fickle. This suspicion may have been nurtured by his mother's or others' stories about women who turn out their good, but old and feeble, husbands in order to marry a younger man. Such assumptions make a man uncertain of his ability to choose a wife successfully, yet he remains relatively confident of strong family ties with his mother, sisters and other matrilineal kin. Why should he will- fully alienate these loving, faithful kin? Although he may make sugges- tions, he often accepts his mother's selection — in consultation with other kin — of a wife for him, and a man often is the informal recipiënt of a girl's or woman's kin group's invitation. On the positive side, this provides a man with his mother's and other kin's involvement in his marital situation. Since divorce is common, he thus retains important matrilineal kin group security and allegiance. Yet, in a sense, a circular process is initiated: men know they will probably marry a girl they do not know or perhaps even want (and possibly in addition will have given up a girl they love), which may make divorce rather likely, and because of the likelihood of divorce it is best to stay on good terms with sisters and mothers who will provide economie and emotional support if needed; mothers and sisters are more important than wives, therefore, and so it is best to let mother choose a wife, even though she may be a stranger. For a woman, opposing her mother's and her kin group's selection — or marrying a man of whom they do not approve — also has heavy costs. Some young women are, however, now choosing their own marriage partners — usually men of other villages or ethnic groups. This sometimes occurs even despite considerable opposition from their kin. In one such instance a young woman who lived and worked in town married a man of her own, but not her mother's, choice. She had a miscarriage after she and her husband had separated; her mother was summoned but she refused to come, giving as her reason the Minangkabau equivalent of "she made her own bed, now let her sleep

Downloaded from Brill.com09/25/2021 03:05:55PM via free access 136 Nancy M. Tonner in it". In such an instance the woman and her children are left in a far more precarious position than is usual in Minangkabau society. Obtaining housing, food, and childcare becomes problematic: if dis- owned she no longer has access to the village lands and fruit trees of her matrilineal minor lineage and does not live in the context of the matrilineally extended family which normally provides her with housing, companionship, and help with childcare. The woman men- tioned above eventually decided to go to Jakarta to work. Thus, she was an example of a Minangkabau woman going to the rantau. She persuaded her mother to take the children until she was able to establish herself in Jakarta. Later she returned to the West Sumatran town she had lived in, began to work there, and retrieved her children. Her difficulties in managing all this alone led her to attempt a recon- ciliation with her husband through one of his close female relatives. When this failed to produce any result, she took one of their daughters to him and demanded that he find a way to care for her. In another instance, a young Minangkabau woman from a pros- perous rural family married a Javanese policeman, a man from the largest Indonesian ethnic group, who was working in West Sumatra. She too was disowned. Subsequently the government assigned her husband to a post on another island. She remained, living in a West Sumatran town in government housing. While he was gone the recon- ciliation process with her village parents began. Although such examples of women choosing their own husbands are relatively unusual they appear to be somewhat more common for women than for men. Young women at present seem to be bolder in opposing their mothers and other kin than Minangkabau young men, and sometimes do take the initiative in actively seeking out the sort of man they wish to marry. Young men only rarely marry women their mothers strongly oppose, especially for the important first marriage. Further, Minangkabau men are exceedingly hesitant to marry into a family that does not want them, regardless of their feelings for the woman herself and her interest in him. In the village, a Minangkabau husband's position in the house- hold of his wife's matrilineal extended family is rather vulnerable, even under the best of circumstances. Similarly, even a man who lives in the rantau (migration area) and who hopes to have a wife come to live with him there carries the assumption of his vulnerability with him and continues to be hesitant to marry a woman whose kin disapprove of him. This reluctance has a practical aspect: a young couple might return from the rantau to live once more in the village in the event of financial difficulties. But if a man has failed in the rantau, and he was never wanted as an urang sumando or "inmarried male" by his wife's kin group, where shall he go if they return to the village? His wife's matrilineally extended family house is usually the only place that is

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"home" to either of them in the village.7 Yet if her kin group had not wanted him, if they do go to live in her matrilineal household, he may eventually be insulted and feel he must leave. Nonetheless, young men are probably able to exercise more choice in arranged marriage than are young women — so long as the young man is reasonably successful. Invitations to marry come primarily from the woman's kin group to that of the man. The more promising he is, the more invitations his kin group will receive for him, and the more laku 8 (roughly, "acceptable" or "valuable") he will be shown to be. Further, the more successful he is, the less pressure his kin group will put on him to accept any one invitation. From the point of view of the man and his family, a number of considerations go into the decision whether or not to accept a specific marriage invitation. A young man will of ten be shown a photo of the young woman and he may be more likely to accept if he likes her appearance. An upwardly mobile young man, even though receiving an invitation from a wealthy established family, may be hesitant to accept it and prefer to marry someone with a background similar to his own. Educated men usually prefer educated women, and it is not unusual for a well-to-do village family with a relatively uneducated daughter to provide some sort of inducement (perhaps an expensive gift) to an educated young man. The sort of man who has been considered most laku, or in demand, has varied historically. At one time, the most laku were the sons of early settler lineages and, especially, those likely to inherit ancestral titles and matrilineal kin group leadership positions. These were the men who were also most likely to be polygynous. Later, with the growing importance of Islam and the increasing eminence of Islamic teachers, men such as this received many marriage invitations and had several wives. Wealthy traders, many of whom had also made the pilgrimage to Mecca and so could claim status in Islam as well, were also considered good marriage prospects. Such men would receive marriage invitations throughout their lives. Thus a young girl of ten married a middle-aged man. Today successful traders and businessmen are still considered laku and not infrequently have more than one wife. Islamic teachers and leaders are still desired. Traditional titles are also still an advantage, although a non-kin position with contemporary political influence is at least as desirable. But probably the most laku men are those with a new title, a B.A., M.A., or Ph.D. in particular, especially if the title has led to a high status and financially solvent job, such as college professor or bank officer. Today, as in the past, the kin of a prospective urang sumando or inmarried male are carefully discussed: are there those among them who are diseased, retarded, mad, criminal, or of non-Minangkabau descent? If so, the suggested marriage partner may be rejected. At stake is the sort of contribution he will bring to the girl's minor lineage in

Downloaded from Brill.com09/25/2021 03:05:55PM via free access 138 Nancy M. Tonner terms of "blood", status, and wealth. The existence of a number of criteria for choice of an urang sumando (husband) plus the fact that a young woman may have her own preferences can lead to complications and conflict. In one dispute a junior high school teacher gave up her own preference — a relatively well educated civil servant — to marry a prosperous but uneducated trader that her kin group had selected. The civil servant had higher status but the trader was in a better finan- cial position and was also a member of the then powerful Indonesian Communist Party (PKI). When, af ter major political changes in 1965, he was imprisoned as a communist, she divorced him and criticized her mother and other kin for arranging the marriage. She reestablished contact with the man who had been her original choice (he was also just divorced); they agreed to marry, and she persuaded her mother to make the necessary arrangements. However, when he was unable to arrange housing for them in the city in which he worked, she called off the marriage and returned to her previous husband who, by that time, had been released and had contacted her. This dispute had many rami- fications, for it involved not only intra-kin group conflict between the woman and her mother, and between her mother and their panghulu or "lineage headman", but also conflict between her mother and the mothers of the two men. Both husband and wife are presumed to be virgins at marriage; but there is no way to check whether the man is and no institutionalized penalty if he is not. However, if during the first night a new husband discovers that his wife is not a virgin he may "offer" her father cigarettes from an empty cigarette case the next morning! He is then free to leave if he wishes, although her parents may attempt to persuade him to stay. In some households the family of the girl takes upon itself the responsibility of checking her virginity: her mother's mother, the senior woman of the household, may examine the sheets to see whether they are bloodstained. Young people who are in love, and where the woman is not a virgin, have been said to arrange to get the sheets a little bloody in some other manner. In one instance a young man was concerned because his fiancee had previously been engaged to a man from an ethnic group with different premarital sexual standards than those of the Minangkabau. A conflict arose between the prospective groom and his wife-to-be and her mother when he asked her if she would be willing to be examined by a doctor to find out whether she was still a virgin. Despite all the complexities, the Minangkabau arranged marriages often appear to work surprisingly well to those with customary personal choice. Yet clearly, in America for example, personal choice hardly ensures marital continuity: divorce is also very common. Marriage does, after all, deal to a large extent with economie and kinship matters. The choice of those who are more experienced can be very helpful.

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But this is not always the case. Af ter an arranged marriage the woman may find herself with a man she did not choose (as well as possibly abandoned by the man she did choose). From a practical point of view, a husband can make her life more difficult: she must treat him as an honored guest, cook for him, wash his clothes. Will he con- tribute enough to make it worth her effort? If he is already a successful man, he may also be rather old and unattractive. In any case, as an active, effective Minangkabau woman, she will almost always fulfil her responsibilities and if, later, he does leave — his pride perhaps hurt by her or her kin, or his need to center his life around a strong woman whose acceptance, care, and protection he can count on still unmet — she will "know" she did her share and that he has wronged her by leaving.

Divorce Separation and divorce are common.9 Possibly, at one time, the two were not distinguished in Minangkabau culture: the word bacari can refer to either. And, occasionally, remarriage still occurs without the benefit of a formal divorce from an earlier spouse. Formal divorce procedures do exist, however, and are widely utilized. The simplest form of divorce is that in which the husband repudiates his wife (talak). According to Islam he need only state "I divorce you" for the divorce to have occurred. However, in contempo- rary Indonesia, the state requires that divorces be recorded. If a divorce is not recorded with the proper village Islamic official this works greater hardship on the woman than the man: he may still remarry according to the Islamic custom that a man can have up to four wives concurrently; but the woman should not remarry without an officially recorded divorce, for she may only have one husband at a time. Subdistrict marriage and divorce figures indicate an exceedingly variable recorded divorce rate from one village to another. For the villages of one subdistrict in 1964, the recorded divorces, as compared to marriages, varied from two percent to forty-four percent per year! There were four villages with very low rates (2%, 3%, 4% and 5% respectively), two villages with especially high rates (40% and 44%) and five others with moderate rates (10%, 12%, 13%, 18% and 20%). Further research would be necessary to ascertain what accounts for this difference; one probability is that it is at least partly an artifact of the attitudes and practices of the village Islamic official who records these marriages, divorces and remarriages. In one of the villages with a low rate (4%), for example, this official disapproved of divorce and counselled those who came to him for divorce papers to rethink the matter.10

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A woman with an absent husband but no legal divorce may take her case to the Islamic court. Although divorce cases are expensive and time-consuming for village women, they are not entirely beyond their means and women who apply for a divorce are usually able to obtain one, or to have their marriage annulled. A high proportion of Islamic court cases are those of women suing for divorce.11 Marriage marks the onset of adulthood for both men and women. The woman regains some of her preadolescent freedom of movement within the village and now may also travel beyond it on her own. She may gradually grow into a position of strength and authority within the kin group and community. Each house of the village is known by the name of its most active and prominent woman. The married man retains his mobility but loses his youthful freedom of behaviour. He must now show the proper, more subdued demeanor of a man in his wife's household. Here he develops the diplomacy that will also characterize his behaviour with regard to the public affairs of com- munity. Just as he represents his matrilineal kin group in his wife's house, so he will represent it in the ritual and political life of the village.12 As a husband, an urang sumando is treated politely and kindly — and watched — by both the senior woman or women of the house- hold and by his wife's brothers. The brother-sister bond is one of the strongest and most intimate of the society; and a man reserves judgment concerning those men who come to live in the household he has left, who sleep in the beds of his sisters, and who father the children he shares responsibility for loving, instructing, and aiding. Normally, difficulty between brothers and husbands is avoided by allowing brothers to participate in the selection of husbands, and by an attitude of mutual respect and semi-avoidance after the marriage. Sometimes, however, the potential for hostility inherent in the structure of the relationship between brother and husband is actualized, as two crimi- nal cases attest: the first involved a manslaughter charge against a brother who beat his sister's husband, who subsequently died, because the husband "took his children's property home to his mother". The second involved an assault and battery charge against a husband who beat up his wife's brother after the latter had insulted the husband's mamak, that is, had insulted the husband's "mother's brother". The coherence of the matrilineal kin group sterns from the strength of the bonds both between matrilinéally related women (Mo-Da, Si-Si, MoSi-SiDa, MoMo-DaDa, MoSiDa-MoSiDa, etc.) and between matri- linéally related men and women, especially Mo-So, Si-Bro, and MoBro- SiCh. These strong matrilinéally extended family bonds coexist with nuclear family ties between wife or wives and husband, and father- child ties. Nuclear family ties of ten also become very strong, partic- ularly when the nuclear family persists for many years; but they are

Downloaded from Brill.com09/25/2021 03:05:55PM via free access The Nuclear Family in Minangkabau Matriliny 141 not reinforced by the same sort of central cultural values. For village men, nuclear family ties may conflict with matrilineal kin group bonds. In contrast, the ties between a woman and her children and siblings are a microcosm of the bonds with her larger matrilineal kin group. One dispute which was eventually heard in the Islamic court illustrates some of the tensions between the nuclear family and the matrilineal kin groups of wife and husband. A man was digging up cassava that he had planted near his wife's house. He planned to sell it and give the money to his sister's daughter for school books. His wife saw him and asked him to buy something for her and their children with the money. He refused and she became angry, whereupon he pronounced the Islamic talak, or statement of divorce.13 He then left the village and returned to his own kin group in another village. Later his wife and children went to get him. (This was unusual; normally one of the men from her kin group would have gone to invite him back.) He returned to her and the children despite objec- tions from his kin who suggested that there was no point in going back to them since he already had another wife in his own village. In the meantime the wife's etek, i.e. MoSi or other close matrilineally related woman of the wife's mother's generation, had reported the divorce to the appropriate village official (P3NTR) and he had recorded it. Therefore, the husband went to the official to report that he and his wife were reconciled. The official told him that rujuek, remarriage or reconciliation, was impossible because the etek, his wife's MoSi, had heard him pronounce the talak tigo. (This refers to either repeat- ing "I divorce you" three times or divorcing a person three separate times, depending on the interpretation of Islam utilized; here the former isintended. Af ter the talak tigo, remarriage is not permitted unless the wife has first married and divorced another.) However, the husband claimed that he had only pronounced a simple talak (repudiation), and insisted on his right to rujuek (reconciliate). But the official refused to register a rujuek, so the husband took his case to the religious official at the subdistrict office, who also declined to help him. Meanwhile, he continued living with his wife. Her kin group was annoyed with his persistence and embarrassed at the couple's living together without a legal marriage. His relatives were incensed by his lack of pride in remaining with a woman whose kin group did not want him and tried to persüade him to leave, telling him that people would think he wasn't laku (valuable, a man wanted as an inmarried male). But he persisted, claiming that he would feel sorry for the children if he left. Eventually he submitted his case to the Islamic court, which finally approved the rujuek on a technicality: the witness to the talak tigo did not appear, although summoned. One wonders whether the wife had managed to influence her etek (MoSi), the witness, not to appear.

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In an interview in the mid-1960s, a young Minangkabau scholar who had a university level Islamic education pointed out that stronger grounds for permitting the rujuek could have been found if the court had not limited itself to the Sjafei variety of Sunni Islam, but had also utilized precedent from other Islamic legal variants. Had the judges used Hanbali legal reasoning as a guide for example, he said, they could have determined that the husband had only pronounced one talak or divorce statement since, according to Hanbali thought, a husband can only pronounce one talak at a time; final divorce, talak tigo, only occurs afte r three separate repudiations and reconciliations. This younger and relatively well educated Islamic scholar was aware of and suggested the more flexible and creative legal thinking that could occur if the courts utilized some of the possibilities for selective use of legal principles from all four variants of Sunni Islam and for new inter- pretations suggested by reformist Islam. The above example is a striking one, because in this case the nuclear family persisted despite lack of support from either the wife's or hus- band's lineages. It reflects a growing strength of nuclear family ties, in the village as well as in the rantau (migration area). Nonetheless separation, with the husband often taking another wife, and divorce are very common. At divorce or separation, property division may become an issue. As a marriage begins to deteriorate a man may gradually move his personal belongings from his wife's house to his mother's house or to the home of another wife. His wife may become suspicious and keep the storage cabinet locked or question him. Some men keep most of their wealth in gold coins which they can wear in a money belt around their waist, ensuring that when they leave their wealth departs with them. A village man's personal possessions are usually not extensive: the clothes he wears, cigarettes, possibly a pen, bicycle, or watch. If he is a merchant, trade goods will frequently be kept in town, in a store or marketplace stall. A craftsman will keep his tools at his workbench, often located in his mother's house or at a shop in town. Such items are less likely to cause controversy than those he may have bought for the nuclear family household, such as a sewing machine. Most controversial at divorce are rice fields or other lands bought by a man in his own name. If such land was bought with earnings during the period of their marriage the ex-wife can today often establish her claim that she had hak suarang, roughly "community property rights" or "joint husband-wife property rights", and is thereby entitled to one-half of the property. However, the ex-husband can attempt to counter her demand by claiming that he bought the property with his lineage's resources and that it is therefore lineage property to which she has no right.

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Conflicts after the death of a man The conflicts which may arise after the death of a man who personally controlled property during his lifetime are in some respects similar to those occurring upon separation or divorce. The same "triangle" be- tween a man, his nuclear family and his matrilineal extended family is evident. The more serious disputes generally concern substantial property of ambiguous ownership left by a successful man. Is it the jointly owned property of a husband and wife, in other words is it harato suarangl A traditional saying supporting joint property rights between a wife and husband is "ka sawah samo baluluek, ka padang samo baarang", literally "muddy together in the sawah, ashy together in the swidden". Or, in contrast, is it his matrilineal kin group's ancestral property (harato pusako) which he had redeemed 14 or had been allowed to use during his lifetime but which must return to his matrilineage after his death? Is it property that has grown out of the investment of his matrilineal kin group's resources, thus in some sense at least partially ancestral property? Is it privately earned and owned property (harato pancariari),15 perhaps earned during a period when he and his wife were temporarily divorced and, if so, who has inherit- ance rights and how shall the property be divided among them? What legal principles are relevant? A number of the disputes collected concern such issues; other property disputes probably had similar origins a generation or two ago, but were not solved effectively at that time. The out-of-court disputes on this topic16 — usually property disputes between bako and anak pisang (a child's father's matrilineal kin and the children of a male lineage member) — utilize a range of legal principles in settlement. One fairly straightforward dispute between bako and anak pisang17 concerned the inheritance of a deceased man's movable property that had been stored by his brothers. Here, hamlet kin elders (niniek mamak) and a hamlet official (kapalo kampueng) met and decided that, according to Islam, a father's inherit- ance should pass to his children. In contrast, another dispute between bako and anak pisang about sawah (wet rice land) was decided in favor of the deceased man's matrilineal kin (bako),18 members of the suku Koto, on the basis that it was ancestral property and "the property of Koto must return to Koto", despite an attempt by the anak pisang's panghulu (lineage headman) to justify the anak pisang's possession through Islamic principles of children's inheritance from the father.19 In these two disputes with contrasting settlements, the underlying legal issue is whether the property is harato pancarian or harato pusako, and the disputes were settled accordingly. A significant feature of the civil court cases dealing with conflicts over property that had been controlled by a man during his lifetime is

Downloaded from Brill.com09/25/2021 03:05:55PM via free access 144 Nancy M. Tanner the apparent, and fairly recent, shift in legal reasoning from a position that favored a man's matrilineal kin group to one favoring the wife and children in the disposal of such property. This parallels an important economie and social change: during the past two to three generations, the husband's financial contribution to his wife and children has increased. Overall, the nuclear family as a unit within the matrilineally extended household has grown in significance. And personal ties in those nuclear families where the marriage has lasted for some time are frequently very strong. In a 1937 and 1955 case a widow claimed property rights to a store and house left by her deceased husband. She claimed the property was joint husband-wife property and that she was therefore entitled to one-half the property plus one-half the earnings from it since his death in 1935. However, her husband's brother won the 1937 case, on the basis that the property belonged to the sibling group as a whole and that they had inherited it from their parents. The brother further asserted that the widow had no claim whatsoever to the property because she had continued living in her matrilineal household and had never worked together with her husband; therefore, he claimed, there was no joint husband-wife property. After this husband's brother died, the widow brought a similar case against a younger brother in 1954. The second case was decided in 1955 by the district court, and also in 1958 by the provincial high court, according to the precedent set in 1937. In these cases, then, the widow was left totally without inheritance from her husband. In a later case (1961 decision) concerning different parties but similar issues, a divorced woman sued her deceased ex-husband's brother for one-half of the monetary value of a bus, house, shares, and savings, stating that she had community property rights (hak sua- rang) to it. In contrast to the decision in the previous case, her request was routinely approved (in the absence of the defendant), although a further request that the children be awarded one-fourth was denied. Another case (1963 decision) is of special interest, as it exhibited many complexities and, after being carried to the supreme court, has formed a precedent for subsequent district court decisions. The widow won even though the case was contested. Here the property at issue was a rice mill, plus compensation to the widow for the time it was controlled by her husband's matrilineal kin. The widow claimed she and her husband had worked the mill — which had been received from the husband's father — for 35 years. The defendants, however, claimed that the mill and land was their lineage ancestral property which had been used by the husband and his wife, and that the widow had no right to it. In addition they said that according to the adat of their village, harta suarang (joint husband-wife property) is divided in thirds when there are no children and in fourths when there are children. (In other words, the defendants, the deceased husband's matrilineal kin, wanted a share of the property even if it be declared

Downloaded from Brill.com09/25/2021 03:05:55PM via free access The Nuclear Family in Minangkabau Matriliny 145 harta suarang not harta pusaka by the court.) The court determined that the rice mill was obtained by the widow and her husband from his father, not his matrilineal kin group (but that it was this father's wife who was matrilineal kin with the defendants). The court decided that the defendants could not prove the mill and land were their ancestral property, and it stressed the reality of the widow and her deceased husband running the mill for 35 years. It therefore determined the property was the harta pancarian/suarang of the deceased husband and his widow, the plaintiff. It recognized that the matrilineal kin group of the deceased had some claim to inherit the harato pancarian of one of their members but stated these were not close matrilineal kin (kemanakan kandung) and awarded them only one-fourth of a low cash estimate, awarding the rice mill itself to the widow and children. The court declared that one-half of the rice mill was her community property (hak suarang), and that "one-fourth should go to the children because Minangkabau custom has increasingly come to recognize children's rights". The court also awarded the widow compensation in rice for the earnings of the mill during the period it was used by her husband's kin. Awarding her compensation in rice, while the matrilineal kin only received a cash share, was advantageous to the widow since this was a period of very rapid inflation in Indonesia.

The decisions in these three cases from 1937, 1961, and 1963 present a range from total disregard of hak suarang or joint husband-wife property rights for the widow, to a routine award of cash value of one-half to the widow on the basis of her hak suarang, to an award of the contested property itself plus compensation in rice to the widow and children on the basis of both the widow's hak suarang and the children's rights to inheritance from their father, but with the stipula- tion that they pay a minimal cash amount to the husband's kin as one-fourth of the estimated cash value of the property..20 This trend towards a greater recognition of widows' and children's rights, evident in my research in the mid-1960s (Tanner 1971), was subsequently confirmed: (1) by the Indonesian supreme court decision on the rice mill case, reported in Yurisprudensi Indonesia 1969 III: 12-33,21 and (2) in subsequent district court cases in West Sumatra (F. von Benda- Beckmann 1979). The high court and supreme court decision in the rice mill case are legally very complex, and Franz von Benda-Beckmann quite persuasively argues that the legal reasoning in both cases exhibits serious flaws (1979: 337-344). What is significant, however, about that supreme court decision is that the principle of "harta pancaharian" (harato pancarian) being inherited by the children was established for the courts, and has been quite consistently applied in West Sumatran district courts since that time (F. von Benda-Beckmann 1979, 1980).

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Co-wives and their children One further conflict theme centers around the marriage bond in Minangkabau society: it concerns the relationship between co-wives, and between the children of different mothers but the same father.22 Although normally relations between co-wives are distant but relatively amicable — each has her own house, and the husband commutes between them — one sometimes hears gossip about co-wives arguing or fighting in the market-place. Occasionally assault and battery crimi- nal charges arise from such encounters. The underlying conflicts of interest present in polygynous families may also manifest themselves in property disputes, especially after a prosperous man's death. Such disputes may arise among co-wives, among the children of different mothers, or between the child(ren) of one mother and her co-wife. In property disputes between co-wives or the children of co-wives, the question is whether each mother and her children plus the hus- band/father form a separate property unit, or whether all the children of a wealthy man inherit from him equally. There seems to be some flexibility out of court and overall some variety in practice. In civil court cases I have one case (1961) in which the principle of separate property units with each wife was implicitly affirmed, as it was in a case (1964) recorded by Franz von Benda-Beckmann (1979: 426); the principle was stated clearly in a subsequent case (1970) collected by him (1979: 341-2). Occasionally such disputes may initially be taken to the Islamic court, sometimes with different end results. In one such instance, two daughters of two wives sought for the two sons and another daughter of a third wife to divide the father's estate (a store) with them. In the Islamic court (1961), inheritance rights were awarded to all the children, but the settlement was according to Islamic inheritance rules such that daughters receive only one-half as much as sons. The Islamic court settlement was not enforced, however, and the claim was resubmitted to the district court (1962), which reasoned that the defendants' claim had been established by the Islamic court but that there should be no differentiation between the inheritance rights of male and female children, stating that "according to Minangkabau matrilineal adat the plaintiffs (two daughters) have more rights than the sons". Here, then, is an example of the complexities of the Minangkabau multilegal system, and how these complexities were dealt with in one case.

Summary and conclusion Marital relations do figure in Minangkabau disputes. Matriliny, matri- lineal extended family, nuclear family, polygny, merantau or migration, and "modernization" are all intimately related among the Minang-

Downloaded from Brill.com09/25/2021 03:05:55PM via free access The Nuclear Family in Minangkabau Matriliny 147 kabau. In the context of a broader understanding of Minangkabau kinship and social processes, disputes relating to the Minangkabau nuclear family become explicable. Such disputes center on beginnings and endings: marriage arrangements and choices, especially regarding the first marriage; and divorce or death, particularly as these concern property division. The larger matrilineal kinship units remain important in marriage-arranging. The mother-child property line is unproblematic, but the division and inheritance of what men earn or control can be an area of conflict. The increasing significance and utilization of the legal concept hak suarang (community property rights or joint husband-wife property rights) and the growing likelihood that a man's anak (children) rather than his kamanakan (sisters' children) will inherit his pancarian has paralleled the development and mobility of nuclear families within the context of matrilineally extended kin groups. The traditional matri- locality (for women) and duolocality (for men) is tending somewhat towards matrilocality-uxorilocality as men come to reside more fully in their wives' homes when they live in the village. Today individuals of each sex, nuclear families, and their close kin can detach themselves from the village matrilineal unit in order to move to the city — a near- by city, one or another island of Indonesia, or even to an urban setting halfway around the world. Yet even some of those who have lived away from their village, in the rantau, for much of their lives do return to the village; it can be a comfortable place to retire to in their old age. Minangkabau matriliny is both persistent and flexible, adapting itself to a changing world. Ohanges in the functioning of the nuclear family unit within the matrilineal context has assisted this flexibility. But, whenever a person or a society holds multiple values, there is always some likelihood for conflict. Conflict, like culture, is patterned. It is the conflict themes and settlements which center about the functioning of nuclear families in Minangkabau matriliny that I have explored here.

NOTES 1 Over half the disputes collected both outside the courts and in the distinct civil court samples were among kin: 58% of the 100 disputes outside the courts and 51% of the 115 civil court cases. The disputes taken to the Islamic court were divorce cases: 41% of the 113 Islamic court cases in 1964 and 46% of the 132 cases in 1966. (The remainder of the Islamic court 'cases' for these years consisted of petitions for the Islamic court to issue marriage certificates.) About one-third of the sample of criminal cases involving interpersonal conflict were cases where the plaintiff and defendant were kin: 38% of 93 cases. For the disputes among kin collected outside the court 70% were among matrilineal kin and 31% concerned kin linked by marriage or both lineal and affinal kin. In the sample of district court civil cases among kin, 69% were among matrilineal kin and 30% among kin linked by marriage. Of the criminal cases involving interpersonal conflict that concerned kin, 54% were among matrilineal kin and 46% among kin linked by marriage.

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2 Interestingly, these songs appeared in a set of songbooks called 'New Songs: Modern Minang and Popular Indonesian', published in West Sumatra in the mid-1960s. The covers of these songbooks picture a young woman in traditional Minangkabau dress and a town spire with a clock in the fore- ground, and in the background a traditional or — the carved wooden matrilineal 'longhouse' with its curved roof having the same angles as the traditional headdress worn by the young woman in the foreground. Many of these songs have the names of women, as also do some novels and short stories. 3 April, 1968. 4 1966. The population had grown to approximately 68,000 by 1979. 5 This is true for boys as well. For example, in the past adolescent boys did not sleep in their mothers' houses but rather slept in pondok, boys' bamboo huts in the rice fields, or , Islamic prayer houses. Today adolescent boys who are students and who continue living at home while attending school are able to meet the criticism of those members of their peer group who sleep in a pondok or surau by replying that they need to study at night and they can do that better in their mothers' houses than in the boys' pondok. 6 This is not to imply that Minangkabau women do not also work after marriage. Traditionally Minangkabau women farmed, were involved in handi- crafts or home industries, and were traders; these economie roles continue. A wide range of 'modern' jobs have been added. Today some Minangkabau women, many or most of them married, are also businesswomen, doctors, lawyers, college professors, teachers, judges, and other civil servants. 7 In some instances, however, if the woman or women who would normally have one of the houses of a matrilineal house cluster currently live(s) in the rantau, that house may be occupied by unmarried lineage men. 8 Laku also refers to negotiable currency. 9 The Minangkabau have the highest divorce rate in Indonesia (F. von Benda- Beckmann 1979). 10 It is also likely that both economie and value features influenced the populace in this particular village with a very low divorce rate: it was a relatively prosperous village, but with its prosperity based more on the home industries and trade of its men than on the productivity of matrilineal ancestral lands or the economie endeavors of its women. It also professed' a variety of modernist Islam in which a man's duties to his wife or wives and children were stressed. 11 In a sample of fourteen cases and petitions between Minangkabau heard in an Islamic court in a West Sumatran town during 1966-67, eight were divorce cases. In each of these eight cases the wife requested the divorce. In five out of the eight divorce cases the wife was granted divorce; in one the marriage was invalidated; and in another the judge recommended that the plaintiff base her divorce request on different grounds. Most divorce suits apparently do eventuate in divorce or, sometimes, in invalidation of the marriage. 12 This development of diplomacy, and frequently of a special style with words that uses many interesting traditional 'sayings', in no way means that he loses his liveliness, humor, and what is often a most effective joking skill. 13 Previously this statement was in itself a divorce: subsequently the govern- ment came to require that divorces be recorded with a village Islamic official. 14 In order to meet cash needs, ancestral property is sometimes pawned (digadai) temporarily. Any lineage member who repays the pawn price (tabusan) can gain temporary use rights (hak pakai) to the ancestral property. The property itself, however, remains harato pusako, ancestral property, and eventually use rights will pass to another member of the matrilineal kin group. For further

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discussion of the custom of pawning and holding (pagang-gadaï) ancestral property, see my article, 'Legal Principles and Social Processes Among the Matrilineal Minangkabau: Ancestral Property Disputes' (Tanner n.d.). 15 Pancarian is from the root word cari, 'to find' or 'to seek'. It is used in everyday, common speech and is widely understood. The more traditional term pancaharian or pencaharian is sometimes used in formal discussions {mupakaik) by kin functionaries. Pancaharian can be misunderstood in daily speech because panca means 'five' and hari means 'day'. 16 This topic, 'conflicts after the death of a man', was the issue in 5 of the 18 out-of-court disputes between marriage-linked and/or affinal plus lineal kin. 17 Anak pisang literally means 'child of the banana', in other words 'child of a male lineage member'. 18 There was no kin group here: the line was punah (without descendants). Only the man's brother was left. The bako was a FaBro and the anak pisang a FaSo. 19 This dispute had a long history, with members of Koto also having requested the sawah's return in 1948 and 1958, and political complications. One of Koto (plaintiffs lineage, bako) had been a member of the PRRI (anti-central government guerrilla movement) in the late 1950s, the PRRI was defeated and the anak pisang, a PKI (communist party) member became a powerful village political figure. In 1965 there was a powerful anti-communist move- ment; the dispute was re-opened by the bako shortly after the anak pisang was f reed from temporary imprisonment as a communist party member. The military became powerful and the anak pisang sought assistance from two lavanese military members who were also sons-in-law. In the mid and late 1960s the dispute was taken to many 'remedy agents': the village headman, the anak pisang's panghulu, the members of Koto (bako's sukü), the village headman again, to a major meeting in the village Balai Adat (Adat Council Hall), and a meeting of the panghulu of Koto: the end result was that the bako began farming the land again on the basis of it being ancestral property, but the anak pisang remained unsatisfied. 20 This is not to imply that in the 1960s widows were routinely awarded all claims. In an unambiguous instance where a man specifically bought property for his kamanakan (sister's children) or other matrilineal kin and all docu- ments were in order, these rights were also protected by the same district court, as was attested by another 1963 decision. 21 But only after the provincial high court had reversed the district court decision, that treated the mill as property which the deceased husband had held before marriage and therefore should return to his matrilineal group (F. von Benda-Beckmann 1979). 22 There has been an attempt to unify national marriage law in Indonesia (1974). Included in this is a government regulation requiring the permission of the first wife before a man can take another wife (Lukman Chatib 1980). There are some Minangkabau men and women who avoid this regulation, for example by a man taking another wife in a different community. Some feel that this polygyny outside government regulations (poligami liar) is justified because polygyny is allowed by Islam. Further, an educated Minangkabau woman, in a discussion with me in 1980, said she feit the regulation was not beneficial to women since there was a shortage of Minangkabau men. There are also those who very much agree with the new regulation, for instance those who think that it will encourage Minangkabau men to take more responsibility for their nuclear families (Lukman Chatib 1980).

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Downloaded from Brill.com09/25/2021 03:05:55PM via free access