DISHARMONI ANTARA PRAKTIK MAHAR KHITBAH DAN KETENTUAN FATWA MAJELIS PERMUSYAWARATAN ULAMA ACEH NO. 5 TAHUN 2016 (STUDI DI MUKIM LAMREUNG, KECAMATAN KRUENG BARONA JAYA, KABUPATEN ACEH BESAR)

Ahmad Mustolih, NIM.: 23203012069 (2026) DISHARMONI ANTARA PRAKTIK MAHAR KHITBAH DAN KETENTUAN FATWA MAJELIS PERMUSYAWARATAN ULAMA ACEH NO. 5 TAHUN 2016 (STUDI DI MUKIM LAMREUNG, KECAMATAN KRUENG BARONA JAYA, KABUPATEN ACEH BESAR). Masters thesis, UIN SUNAN KALIJAGA YOGYAKARTA.

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Abstract

The practice of giving mahar during the khitbah stage remains part of the customary tradition upheld by the community of Mukim Lamreung, Krueng Barona Jaya District, Aceh Besar Regency. In this practice, the gold given during khitbah is regarded as part of the mahar and carries customary legal consequences in the event of cancellation. If the cancellation is initiated by the male party, the mahar is deemed forfeited, whereas if the cancellation is initiated by the female party, an obligation to return the mahar in double applies. This practice demonstrates a fundamental divergence from the provisions of Aceh Fatwa Majelis Permusyawaratan Ulama Aceh Fatwa Number 5 of 2016, which requires the return of all mahar given prior to the marriage contract regardless of which party cancels the engagement. This divergence gives rise to a condition of disharmony between formal religious norms and living customary practices within the community. This study employs qualitative field research with a socio-legal approach. Data were collected through in-depth interviews, observation, and document analysis involving customary leaders, religious figures, village officials, and community members who had previously been involved in the khitbah process. To analyze patterns of community compliance with customary law and religious fatwas, this research applies H.C. Kelman’s Theory of Legal Compliance, which categorizes compliance into three forms: compliance, identification, and internalization. This theory is used to explain the social mechanisms influencing the community’s choices in adhering to or disregarding particular legal norms. The findings indicate that the disharmony between the Aceh MPU Fatwa and customary practices in Mukim Lamreung is influenced by the dominance of community compliance with customary law through three main patterns. First, compliance, where adherence to customary norms is driven by the existence of firm social and customary sanctions (reusam) imposed on violators, leading community members to comply in order to avoid punishment, sanctions, or conflict with village authorities. Second, identification, in which compliance emerges from the motivation to maintain emotional relationships and social standing within the community. The customary rules are obeyed because they are legitimized by respected local figures who serve as role models. Third, internalization, whereby the community perceives this tradition as a form of sadd al-dharī‘ah (preventive mechanism) and a value system aimed at safeguarding personal dignity (marwah) and family honor from social disgrace resulting from the cancellation of khitbah. Consequently, customary norms are perceived as more aligned with the community’s internal values than the formal norms embodied in the fatwa.

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