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Analisis Maslahat terhadap Keberadaan Pondok Tahfiz Qur’an Al-Imam Ashim Makassar pada Pembinaan Pemahaman Hukum Islam Akbar, Khaerul; Qayum, Abdul Rahman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 3, SEPTEMBER 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v4i3.35736

Copyright accompanies any content uploaded to the YouTube channel. Content that has been uploaded is sometimes re-uploaded by editing and changing without including the source. The main problem in this study is how copyright infringement in YouTube video content is viewed from the perspective of Islamic Law. The purpose of this study is to determine copyright infringement in YouTube video content from the perspective of Islamic Law. This research uses a type of library research using a qualitative descriptive approach. The data sources used are primary data in the form of books, journals, videos, and so on including secondary data. The results showed that actions that can be indicated as copyright infringement of YouTube video content are the use, taking, duplication and/or alteration of a substantial whole or part by not mentioning the source and name of the video content owner, taking advantage (commercial purposes) and causing losses to the owner of the YouTube video content. Meanwhile, according to the perspective of Islamic law, it is clearly stipulated in the MUI Fatwa Decision No. 1/MUNAS/MUI/5/2005 concerning the Protection of Intellectual Property Rights (IPR) and MUI Fatwa No. 1/2003 that all use, disclosure, manufacture, use, sale, import, export, distribution, delivery, provision, announcement, reproduction, plagiarism, forgery and/or piracy of someone else's YouTube video content is a form of tyranny and the law is haram according to Islamic law.

Pemenuhan Hak Biologis Narapidana dalam Mempertahankan Perkawinan pada Lembaga Pemasyarakatan Kelas I Makassar: Analisis Maqashid al-Syariah Yunus, Nur Arfianty; Akmal, Andi Muhammad; Qayum, Abdul Rahman; Shuhufi, Nadyatul Hikmah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.39834

This study aims to explore and analyze the fulfillment of the biological rights of prisoners who maintain marriage in Makassar Class I Penitentiary using the Maqashid al-Sharia approach. This research was conducted through field studies and primary and secondary data collection. The main focus is to identify and evaluate the implementation of the biological rights of prisoners in the context of maintaining marriage in a prison environment. In the context of Maqashid al-Sharia, the concept of biological rights of prisoners, considers the principles of justice and balance in Islam. This study provides a comprehensive picture of how prisons in Makassar Class I treat inmates who try to maintain their marriages. In addition, this study also explains the impact and relevance of the fulfillment of biological rights on the welfare of prisoners and marital stability. The concept of fulfilling the biological rights of prisoners in review from Maqashid al-Sharia is carried out according to their respective capabilities. Unlike the case if the husband or wife is a prisoner who must languish in bars, of course, the fulfillment of biological rights cannot be optimized. The results showed that the reality of fulfilling the biological rights of prisoners in Makassar class I correctional institutions was limited based on the policy that applies to prisoners who still have a legal marriage bond only limited to visiting and communicating by telephone in order to maintain household harmony. The fulfillment of prisoners' biological rights in maintaining marriage in Makassar Class I Penitentiary has its own challenges, such as limited facilities and internal regulations of the institution. Maqashid al-Sharia's analysis provides a critical view of the implementation of prisoners' biological rights, emphasizing the importance of justice and fair treatment in accordance with Islamic principles.

Realitas Keagamaan dalam Fatwa MUI Nomor 2 Tahun 2022 tentang Uang Panai’: Analisis Filosofis terhadap Dinamika Sosial Masyarakat Suku Bugis Makassar Idrus, Achmad Musyahid; Qayum, Abdul Rahman; Abbas, Rahmawati; Maulidah, Tahani Asri
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.55424

The tradition of money panai in the marriage of the Makassar Bugis people not only reflects cultural values and family honor, but also gives birth to social dynamics and religious issues, especially in the practice of borrowing money from the family. This research aims to analyze in depth the religious reality surrounding the practice of money and identify the typology of Islamic law that arises from this phenomenon. The method used is a descriptive qualitative research with a philosophical and sociological approach, which focuses on the analysis of cultural practices in the local context of the Makassar Bugis community. Data were collected through participatory observation, in-depth interviews with traditional leaders, scholars, and couples who have experienced money loans, as well as documentation and normative literature reviews. The results of the study show that the practice of borrowing money has become a plural social reality and is even considered a pragmatic solution in meeting customary demands. However, this practice also raises complex legal problems, especially in the perspective of Islamic law. Normatively, a panai loan is categorized as mubah if it does not cause harm or burden the groom. On the other hand, this practice can be haram if it has implications for disproportionate economic pressure or is carried out with detrimental speculative intentions. These findings show that people's perceptions of Islamic law in the context of money are contextual and varied, depending on social motives, agreements between families, and locally applicable religious interpretations. This research emphasizes the need for a more adaptive approach to Islamic law to local traditions without ignoring the principles of justice and benefit.

Implementasi Akad Muzara'ah dalam Pertanian Bawang Merah di Kabupaten Enrekang Lasri, Nurannisa; Amir, Rahma; Qayum, Abdul Rahman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.49843

The main problem of this research is how the Implementation of Muzara'ah Akad on Shallot Farmers with Landowners in Tomenawa Village, Baraka District, Enrekang Regency (Urf Analysis). This problem is then broken down into sub-problems, namely How is the Muzara'ah Akad Process on Shallot Farmers with Landowners in Tomenawa Village, Baraka District, Enrekang Regency? and How is the Role of Landowners with Cultivators in Supporting the Community Economy in Tomenawa Village, Baraka District, Enrekang Regency? This type of research is qualitative descriptive research with a legal sociology approach. The data sources in this research are primary data as many as 5 sources namely Mr. Najamuddin, Mr. Sainuddin, Mr. Ardi, Mr. Agung, and Mr. Yusran. The data collection techniques used are interviews, observation and documentation. The results showed that the process of the muzara'ah contract on shallot farmers in Tomenawa Village, Baraka Subdistrict, Enrekang Regency carried out between the landowner and the farmer is that the landowner hands over his land to the farmer to be cared for and maintained then gets a share of the shallot land according to the agreement at the beginning of the contract. Then the role of landowners with tenant farmers in supporting the community's economy is that landowners provide land resources for agriculture, while tenant farmers use their skills and energy to manage agricultural land. Both contribute to the production of food and agricultural commodities, create jobs, and increase the income and welfare of people in agricultural areas. The implication of this research is that as information to the local government, it can be followed up with various regional policies in price stability, especially the price of drugs such as KCL, ZA, and urea which are expensive compared to the results obtained by farmers in shallot farming. For the community in the muzara'ah contract, a cooperation agreement should be made in writing, because if there are deviations in the future, it can be resolved with clear evidence.

Mattungka Sapi di Desa Lasiai Kecamatan Sinjai Timur Kabupaten Sinjai: A Case Study on Mattungka Sapi in Sinjai District Arsyad, Nurfadillah; Amelia, Raines Indah Mutiara; Qayum, Abdul Rahman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.55420

Profit sharing is a facility that is often used by the community, including the community in Lasiai Village, East Sinjai District, Sinjai Regency. The profit sharing carried out by the people in Lasiai Village is the profit sharing "Mattungka Sapi". This study discusses the practice of implementing profit sharing in the Mattungka Sapi collaboration agreement with the community in Lasiai Village, East Sinjai District, Sinjai Regency, as well as the Mattungka Sapi production sharing cooperation system according to the views of the schools of jurisprudence (Imam of the Syafiiyah School and Imam of the Hanafiyah School). In implementing the community in Lasiai Village, it consists of two forms of cooperation, namely the village government with the community and the community with the community which uses three patterns/systems for profit sharing from mattungka cows. If viewed from the implication that the profit sharing for the mattungka cow is in accordance with the pillars and requirements of Islamic law. However, on the pillars and conditions of mudharabah applied by the people of Lasiai Village in the profit sharing of Mattungka cows, the two Imams of the Shafi'i and Hanafi schools have different views on this matter. This research is a descriptive qualitative research in the form of field research with empirical and normative juridical approaches. Data processing techniques in this study were carried out in three stages, namely data reduction, data presentation and drawing conclusions. The key informants in this study were the village government and the community in Lasiai Village, East Sinjai District, Sinjai Regency who were involved in a cooperation agreement for the production of mattungka cows. In this study it was found that, First, the implementation of the cooperation agreement for the results of mattungka sapi in Lasiai Village must be carried out with a written agreement in order to avoid disputes or disputes in the future. Second, owners and keepers are highly expected before entering into a cooperation agreement for the production of mattungka sapi, they need an understanding regarding profit-sharing rules in Islam in order to achieve justice for both parties and avoid things that can save.

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