RELASI HUKUM ISLAM DAN HUKUM ADAT PADA PENGEMBALIAN MAHAR GANDA AKIBAT PEMBATALAN KHITBAH DI KEMUKIMAN LAMBLANG KEC. KUTA BARO KAB. ACEH BESAR

Hidayaturridha, NIM.: 22203011118 (2024) RELASI HUKUM ISLAM DAN HUKUM ADAT PADA PENGEMBALIAN MAHAR GANDA AKIBAT PEMBATALAN KHITBAH DI KEMUKIMAN LAMBLANG KEC. KUTA BARO KAB. ACEH BESAR. Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

In the Muslim community of Lamblang Settlement, Kuta Baro District, Aceh Besar Regency, there are different types and regulations outside the classifications already established in Islam regarding the conditions of giving a marriage proposal (khitbah) post its cancellation, namely the return of double dowry due to the cancellation of the marriage proposal. In the tradition of Lamblang Village, besides the customary gifts for the marriage proposal such as clothing fabrics, sarongs, scarves, and traditional Acehnese cakes, the man also gives gold to the woman during the marriage proposal procession as a symbol of commitment. This gold is part of the marriage dowry, where if the marriage dowry consists of 30 grams of gold, then during the marriage proposal, 15 grams of gold must be presented. Then, if the marriage proposal is cancelled, there is a customary penalty in the form of returning double dowry (twice the amount) if the cancellation is initiated by the woman, and the dowry is forfeited (not returned) if the cancellation is initiated by the man. This tradition or customary penalty has been passed down through generations from the past until now. The above facts become one of the important points to examine the factors that contribute to the preservation of this tradition and its continued practice until now. Furthermore, another focus of this research is to examine the dialectic between Islamic law and customary norms that occur in the practice of returning double dowry due to the cancellation of marriage proposals in Lamblang Village, Kutabaro District, Aceh Besar Regency. The research method used in this study is field research, and it is qualitative research. This study employs a socio anthropological legal approach to observe the phenomenon of the return of double dowry due to the cancellation of khitbah in Kemukiman Lamblang, Kuta Baro Subdistrict, Aceh Besar Regency, using data collection techniques such as interviews, observations, and documentation. The research results indicate two (2) conclusions; First, there are three (3) sustainability factors of the tradition of returning double dowry due to the cancellation of khitbah in the Lamblang Village, Kuta Baro Subdistrict, Aceh Besar Regency, namely the factors of maintaining khitbah commitment, preserving culture, and support from religious figures. Second, the dialectic between Islamic law and customary norms in the implementation of returning double dowry due to the cancellation of khitbah in the Muslim community of Lamblang Village produces a form of interaction that is free of conflict and proves that Islamic law and customary law can coexist and be applied together as pioneered by John Bowen's theory. In this relationship, one that is more dominant emerges, namely customary norms.

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