T

he once rigid traditional marriage law in Bali is progressing in the right direction by encompassing more rights for women, experts say.

Balinese customary law expert I Ketut Sudantra told participants at a seminar on Balinese traditional marriage law in Denpasar on Monday that the law had to be adapted to the changes and dynamics within modern Balinese society.

In the paternalistic Balinese tradition, local families adopt a purusa (male heir) system allowing only male children to inherit their parents’ property and assets.

Traditionally, once a daughter marries a man, she belongs to her husband’s family and leaves her own rights to her family, including her obligations to take care of family belongings and shrines.

She is expected to dedicate her life to her husband, children and husband’s family. She is not entitled to her husband’s assets and the right to her children when her husband dies.

“It is natural for any customary law to change in accordance with the current situation and the changing values adopted by present Balinese families,” Sudantra said.

One of the most significant legal breakthroughs was the issuance of a new ruling signed by the Village Customary Council and Bali Hindu High Priest Council, which accepted pada gelahang marriages.

Udayana University customary law professor Wayan Windia explained that pada gelahang weddings were usually held in instances where the bride and groom were the only children in their respective families.

The daughter remains the heir in her family and is to take care of family property, and social and religious responsibilities, while her husband retains his status as purusa.

“Such wedding rituals have been practiced long before Indonesian independence,” Windia said.

The second form of marriage is sentana, in which the bridegroom is formally adopted as a member of the bride’s family.

Their children inherit the property of the mother’s family. The husband should take out his right within his own family.

The new marriage law is in line with the 1974 Marriage Law.

“Such laws will prevent Balinese men from marrying more than one wife and marrying underage girls.”

Hindu High Priest Council chairman I Gusti Ngurah Sudiana said the changes in Balinese traditional law did not violate Hindu teachings.

“Hindu teaching as stated in the Manawa dharmasastra [holy book] treats both sons and daughters equally. Sons or daughters who have been formally adopted may have similar rights,” Sudiana added.