Pengembalian Mahar Berganda Akibat Pembatalan Khitbah Dalam Pandangan Hukum Keluarga Islam dan Majelis Adat Aceh

Abstract

Aceh as an area inhabited by the majority of the Acehnese tribe highly upholds customs, including the process of carrying out a wedding. One of the marriage customs in Aceh that has attracted the attention of Islamic family law experts is the return of a double dowry due to the cancellation of the sermon on the part of the prospective bride. In this case, the author is interested in conducting research by examining the legality of the tradition of returning multiple dowries due to the cancellation of the sermon according to a review by the Aceh Traditional Council and Islamic Family Law. This research method is qualitative, with a type of field research and carried out using a phenomenological approach. The results of this research indicate that the return of multiple dowries due to the cancellation of the  sermon, according to the Aceh Pidie Jaya Traditional Council, is prohibited and far from the actual provisions of Sharia law, because according to Sharia law, the  dowry given at the time of the sermon has the status of a hastened marriage dowry. It is given before the contract, so if the marriage does not take place, the woman is obliged to return it and simply return it to the value of the dowry when given during the sermon. Meanwhile, in Islamic Family Law, the provision of returning multiple dowries due to the cancellation of the sermon is a reality of 'urf which is unacceptable and forbidden to be applied, because this is a 'urf which violates the Shari'a, because in fiqh it does not recognize the application of sanctions by transferring assets. to other people.