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Ilfandi Kurniawan Dani Saputra
Universitas Islam Negeri Sjech M. Djamil Djambek Bukittinggi

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Reaktualisasi Konsep Jarimah Sariqah Melalui Sanksi Adat Lubuk Larangan di Dharmasraya Ilfandi Kurniawan Dani Saputra; Maizul Imran; Gusril Basir; Fahmil Samiran
Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy Vol. 1 No. 1 (2026): March 2026
Publisher : Maqasid Forum : Journal of Islamic Law, Jurisprudence, and Public Policy

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/maqasidforum.v1i1.560

Abstract

This study examines the implementation of customary sanctions imposed on perpetrators of fish theft in lubuk larangan (protected communal fishing areas) in Nagari Koto Nan Empat Dibawuah, Dharmasraya Regency, Indonesia, from the perspective of Fiqh Jinayah. The research aims to analyze the mechanism of customary sanctions and assess their compatibility with Islamic criminal law principles. A qualitative field research approach was employed using descriptive analysis. Data were collected through direct observation and semi-structured interviews with ninik mamak (customary leaders), religious leaders, village officials, and community members involved in the enforcement of customary regulations. The findings reveal that cases of fish theft are resolved through deliberative customary proceedings led by the ninik mamak penghulu (Datuk). Offenders are required to pay a customary fine in the form of one goat, which is subsequently allocated to the village treasury and utilized for communal customary activities. The sanction functions not only as a form of accountability but also as a mechanism for preserving the sustainability of lubuk larangan, maintaining social harmony, and strengthening communal values. From the perspective of Fiqh Jinayah, the legal elements and evidentiary standards required for the application of hudud punishments are not fulfilled. Consequently, the imposed sanction is classified as ta‘zīr, a discretionary punishment intended to achieve public benefit (maslahah) and social order. Although the sanction is administered by customary authorities rather than judicial institutions, its implementation remains consistent with the objectives of Islamic criminal law. This study demonstrates the significant role of customary law in regulating community behavior, protecting local resources, and providing an effective mechanism for resolving local disputes while preserving indigenous wisdom and social cohesion.