Penerimaan Kompaun Binatang Berkeliaran yang Ditangkap atau Disita oleh Pihak Berkuasa: Analisis Hukum dan Pandangan Ulama

Abstract

One of the causes of road accidents is due to livestock roaming unexpectedly, leading to the loss of human life and intellect as well as damage to property. Several issues arise when the Local Authorities (PBT) receive numerous recurring complaints regarding animals roaming in residential areas and on the roads. In response, the Local Authority (PBT) has taken action against animal owners by imposing fines. This study aims to analyse the legal reasonableness of imposing fines in the form of compounds on animal owners whose livestock roam freely without supervision. This is a qualitative study that utilises two main methods, namely the data collection and data analysis. In the data collection phase, the method used is document review, including sources from the Quran, Sunnah, books, journals, and Islamic manuscripts. The second phrase is data analysis by reviewing and scrutinising the data obtained to align with the study’s objectives. The findings of the study found that most scholars from the madhhab Maliki, Shafi'i and Hanbali agree that losses should be imposed on livestock owners to ensure maṣlahah and prevent harm. Therefore, the acceptance of compound for stray animals that are captured or confiscated by the authorities from livestock owners is permissible, in order to ensure the safety of the community, such as preventing the loss of life, intellect, and property through maṣlahah al-maqaṣidi.