Customary Sanctions for the Cancellation of a Marriage Proposal in Krueng Barona Jaya Subdistrict, Aceh Besar (An Examination from the Perspective of Mashlahah)

marriage proposal, or 'meminang' in Indonesian, is a promise a man makes to marry a woman he proposes to.
This promise is subject to cancellation due to various factors, either from the man or the woman. However,
according to the prevailing customs in Aceh, Indonesia, when a marriage proposal is canceled, the party
responsible for the cancellation is subjected to customary sanctions. This research explores the forms of
customary sanctions imposed for the cancellation of marriage proposals and examines their compatibility with
the concept of 'Mashlahah Mursalah' (public interest). This study employs a qualitative method with an
empirical juridical approach. The findings reveal that customary sanctions for canceling a marriage proposal
involve the forfeiture of the gold given as a symbol of the bond if the man initiates the cancellation. On the
other hand, if the cancellation is initiated by the woman, the gold must be returned twofold. The 'pinangan' gift
is considered a non-refundable grant in case of cancellation, regardless of whether the man or the woman
initiates it. However, when evaluating the customary sanctions for canceling marriage proposals in light of
Mashlahah Mursalah, they are deemed invalid as they contravene several principles of Mashlahah Mursalah,
including conflict with the consensus of scholars regarding the law of dowry, contradicting the evidence from
the Quran and Sunnah regarding the prohibition of unlawfully taking others' property, and negating greater
public interest while opening the door to potential harm