Ownership Status of Residual Motorcycle Spare Parts from the Perspective of Maslahah Mursalah and the Ijarah bi al-’Amal Contract: A Case Study of a Repair Shop in Lima Kaum, Tanah Datar Regency

Abstract

This study examines the legal status of ownership over residual motorcycle spare parts arising from part-replacement transactions at repair shops, a widespread contemporary muamalah issue that has yet to attain legal certainty for either consumers or mechanics. The unauthorized appropriation of residual parts without explicit consumer consent potentially creates transactional gharar and conflicts with the principle of ownership protection under both Islamic law and Indonesian positive law. The novelty of this study lies in the simultaneous integration of three analytical frameworks-the classical doctrine of abandoned property, the construction of the Ijarah bi al-’Amal contract, and Indonesia's Consumer Protection Law-an integration not found in prior studies on residual-goods ownership, which have generally focused on leftover fabric or construction materials. This study employs a qualitative field-research method with a descriptive-analytical approach within a normative-empirical framework. Primary data were collected through semi-structured interviews with one mechanic and four consumers at Bengkel Lima Kaum, Tanah Datar Regency, supplemented by secondary data from classical fiqh literature and contemporary Islamic economics scholarship. Data were analyzed descriptively-qualitatively using the Miles and Huberman interactive model, comprising data reduction, data display, and conclusion drawing or verification, with data validity established through source triangulation. The findings indicate that the legal status of residual spare parts is determined by two key variables: the quantity or economic value of the residue, and the presence or absence of an indicated release of rights by the consumer. Small residues customarily left behind by consumers fall under maslahah mu’tabarah, as their status shifts to matrukah and may therefore be utilized by the mechanic; conversely, residues of significant quantity fall under maslahah mulghah, meaning full ownership (al-milk al-tam) remains with the consumer and must be returned. This study formulates operational criteria for distinguishing the two categories and recommends that repair shops include an explicit clause on the status of residual parts within the ijarah contract, as an instrument for mitigating gharar and ensuring legal certainty and fairness for both parties.