Assessing the Conformity of Customary Sanctions for Durian Theft in Mandailing Natal: A Maqasid al-shari’ah and Restorative Justice Perspective

Abstract

This study examines the conformity of customary sanctions for durian theft (mangapus tarutung) in Rao-rao Lombang, Mandailing Natal, with Islamic criminal law, restorative justice principles, and legal pluralism. Using a qualitative case-study approach, data were collected through semi-structured interviews with hatobangon, the village head, naposo nauli bulung representatives, and victims, supported by literature and document analysis on Islamic law, customary law, ‘urf, maqasid al-shari’ah, maslahah, and restorative justice. The findings show that the offense is best classified as ta’zir, with a fine of IDR 1,000,000 functioning as compensation and deterrence, legitimized through communal consensus and ‘urf. While the sanction aligns proportionally with maqasid al-shari’ah and avoids mafsadah, restorative elements remain incomplete due to limited attention to immaterial harms, documentation, and post-sanction reintegration. This study recommends procedural harmonization through clearer proportionality guidelines, improved record-keeping, and referral mechanisms to strengthen restorative effectiveness while preserving accountability within customary legal practice. These reforms encourage community trust, victim healing, offender responsibility, and sustainable local justice.