ENGAGEMENTS CANCELED DUE TO DOWRY PAYMENTS: A NORMATIVE, PHILOSOPHICAL, AND SOCIOLOGICAL PERSPECTIVE IN ILIR TALO SUBDISTRICT, SELUMA REGENCY

Abstract

The tradition of the “uang hantaran” is part of the customary practices of the Serawai community in Ilir Talo Subdistrict, Seluma Regency, and its implementation can be one of the factors leading to the cancellation of a marriage proposal. This study aims to analyze the process leading to the cancellation of marriage proposals due to betrothal money and to examine it from normative, philosophical, and sociological perspectives. This study employs a qualitative research method, specifically field research, using an empirical-juridical, sociological, conceptual, and Islamic law approach. Data were collected through interviews, observations, and documentation from traditional leaders, religious leaders, and community members who have experienced engagement cancellations due to dowry payments. Data analysis was conducted through the stages of data reduction, data presentation, conclusion drawing, and verification. The research findings indicate that the cancellation of a marriage proposal is not solely caused by the high amount of the betrothal gift but results from the interaction of various factors, including changes to the initial agreement, additional demands made outside the scope of the deliberation process, the economic capacity of the prospective groom, the educational level of the prospective bride, the family’s social status, and pressure from the extended family to maintain the family’s prestige and honor. Normatively, the cancellation of a proposal is permissible because the betrothal has not yet resulted in legal consequences such as marriage; however, ethical considerations and the greater good must still be taken into account. Philosophically, the setting of an excessive betrothal gift amount is inconsistent with the values of justice, the greater good, and the maqashid al-sharia. Sociologically, the betrothal gift represents a “living law” in Serawai society, having shifted in meaning from a symbol of respect to a component of social prestige. Therefore, the tradition of the betrothal gift must be carried out based on mutual consultation, the financial capacity of the parties involved, justice, and the common good so that it remains in harmony with the objectives of both customary law and Sharia.