- Legalitas Penyewaan Stand di Badan Jalan dalam Perspektif Hukum Islam dan Peraturan Daerah Kabupaten Gresik

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Abstract

The use of roads as a location for renting business stands is a common phenomenon found in various regions, including the Jalan Raya Sumput area, Driyorejo District, Gresik Regency. This practice raises legal questions regarding its legality, both from the perspective of Islamic law and regional positive law. This study aims to analyze the legality of renting stands on the roadside based on the concept of ijarah in Islamic law and Gresik Regency Regional Regulation Number 8 of 2023 concerning Regional Taxes and Regional Retributions. The study uses an empirical method with a descriptive-analytical approach. Data were obtained through observation, interviews, and documentation, then analyzed using inductive techniques with triangulation of sources, analysis, and time. The results of the study indicate that the practice of renting stands on the roadside cannot be legally justified if it is carried out without permission from the competent authority, disrupts the main function of the road, and is not based on valid regional retribution provisions. Both Islamic law through the principles of maslahah mursalah, the principle of la darar wa la dirar, and maqasid al-shariah, as well as Gresik Regional Regulation No. 8 of 2023, both require legitimacy, authority, and the absence of harm as the basis for the permissibility of utilizing public space for economic interests.