El -Hekam
https://ejournal.uinmybatusangkar.ac.id/ojs/index.php/elhekam
<p align="justify"><strong>El-Hekam: Jurnal Studi Keislaman (Journal of Islamic Studies)</strong> is a peer-reviewed academic journal published by State Islamic University Mahmud Yunus Batusangkar. This journal is dedicated to the scholarly study of Islam and Muslim societies. It serves as a forum for researchers, lecturers, and practitioners to publish original research articles and conceptual analyses related to Islamic studies. The journal is published Biannual in June and December. <strong>El-Hekam: Jurnal Studi Keislaman (Journal of Islamic Studies)</strong> employs a double-blind peer-review process to ensure the highest academic standards. We are committed to open access, allowing immediate and free access to our content to support the global exchange of knowledge.</p>State Institute for Islamic Studies Batusangkaren-USEl -Hekam2528-2506Authors who publish with this journal agree to the following terms:<br /><p>?á</p><ul><li>Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a <a title="CC BY NC" href="http://creativecommons.org/licenses/by-nc/4.0">Creative Commons Attribution License</a> that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.</li></ul><ul><li>Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.</li></ul><ul><li>Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work.</li></ul>Islamic Legal Governance and Urban Informality: Unauthorized Parking Practices under DSN-MUI Fatwa No. 112/2017 in Indonesia
https://ejournal.uinmybatusangkar.ac.id/ojs/index.php/elhekam/article/view/16504
<p>Unauthorized parking practices in Pasar Minggu present significant challenges from the perspective of Islamic economic principles. These challenges arise from individuals who lack official legitimacy or formal authorization to provide parking services, yet continue to collect fees from vehicle users without lawful permits or clear contractual agreements. This study examines these practices through the framework of Islamic Economic Law, specifically employing the concepts of <em>ijārah</em> (service lease) and <em>ujrah </em>(remuneration). The research utilizes a qualitative methodology with a juridical-empirical approach, gathering data through field observations, in-depth interviews, and literature review. The findings indicate that parking operations at the site are conducted informally, lacking formal legal status, official attributes, clear land ownership, and defined security responsibilities. Under Islamic Economic Law, these practices fail to meet the pillars and conditions required for a valid <em>ijārah</em> contract as stipulated in DSN-MUI Fatwa No. 112/2017, due to elements of uncertainty (<em>gharar</em>), potential coercion (<em>ikrāh</em>), and the absence of legitimate authority over the land. Furthermore, these practices violate Law No. 22 of 2009 and Bandung City Regional Regulation No. 121 of 2022. The study recommends the establishment of a legal and transparent parking system to ensure legal certainty and advance public welfare (<em>maṣlaḥah</em>).</p>Muhammad IrsyadDian HerdianaJujun Jamaludin
Copyright (c) 2026 Muhammad Irsyad, Dian Herdiana, Jujun Jamaludin
https://creativecommons.org/licenses/by-sa/4.0
2026-06-152026-06-1511111210.31958/jeh.v11i1.16504Restorative Justice and Ta’zir in Addressing Oil Palm Fresh Fruit Bunch Theft: A Case Study of Tigo Nagari Police Station
https://ejournal.uinmybatusangkar.ac.id/ojs/index.php/elhekam/article/view/16915
<p>This research is motivated by the increasing incidence of oil palm fresh fruit bunch (FFB) theft in Tigo Nagari District, Pasaman Regency, and the growing application of restorative justice in resolving such cases. Despite its widespread implementation in Indonesia, empirical studies examining the effectiveness of restorative justice in oil palm theft cases from the perspective of <em>ta’zir</em> remain limited. This study aims to analyze the effectiveness of restorative justice in creating a deterrent effect and to examine its relevance to the concept of <em>ta’zir</em> in Islamic criminal law. This study employs a qualitative approach with a field research design. Data were collected through interviews, documentation, and literature review and analyzed using data reduction, data display, and conclusion drawing. The findings indicate that restorative justice is effective in resolving disputes peacefully, restoring social relations, and preventing recidivism among offenders. However, its broader deterrent effect remains limited due to economic factors, low legal awareness, and the persistence of family-based dispute resolution practices. The study further demonstrates that restorative justice is compatible with the concept of <em>ta’zir</em>, as both emphasize offender rehabilitation, social restoration, community protection, and crime prevention. This research contributes to the literature by integrating the effectiveness of restorative justice with the <em>ta’zir</em> perspective in addressing oil palm FFB theft cases. The findings also suggest that the concept of <em>ta’zir</em> provides a normative foundation for the application of restorative justice in minor criminal offenses.</p>Suci Surgani PutriDahyul Daipon
Copyright (c) 2026 Suci Surgani Putri, Dahyul Daipon
https://creativecommons.org/licenses/by-sa/4.0
2026-06-202026-06-20111132710.31958/jeh.v11i1.16915