cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Arif Rahman
Contact Email
shautunapmh@gmail.com
Phone
+6282343321118
Journal Mail Official
shautunapmh@gmail.com
Editorial Address
https://journal.uin-alauddin.ac.id/index.php/shautuna/editorialteam
Location
Kab. gowa,
Sulawesi selatan
INDONESIA
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : -     EISSN : 27750477     DOI : https://doi.org/10.24252/shautuna.v2i3
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Shautuna: Jurnal Imiah Mahasiswa Perbandingan Mazhab adalah jurnal akademik yang telah menerbitkan karya ilmiah sejak tahun 2013. Jurnal ini diterbitkan oleh Program Studi Perbandingan Madzhab dan Hukum, Fakultas Syariah dan Hukum, UIN Alauddin Makassar. Jurnal ini disediakan untuk mahasiswa-mahasiswa yang berkecimpung dalam hukum Islam lebih khusus perbandingan mazhab dan hukum. Jurnal ini secara rutin terbit tiga kali setahun yakni pada Januari, Mei dan September.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 124 Documents
 9   10   11   12   13 
Search results for , issue "SEPTEMBER" : 124 Documents clear
Analisis Fikih Kontemporer dan Undang-Undang Agraria terhadap Penyelesaian Konflik Sengketa Tanah di Kabupaten Bulukumba Fitri, Sakinah; Mustari, Abdillah; Kurniati, Kurniati
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.v5i3.48109

Abstract

This research presents three problem formulation items, namely: First, what are the dynamics of land dispute conflicts between PT. Lonsum and the Community in Tamatto Village, Ujungloe District, Bulukumba Regency? Second, how can contemporary fiqh approaches be applied in resolving land disputes between PT. Lonsum and the Tamatto Village Community? Third, how is the implementation of Agrarian law in resolving land disputes between PT. Lonsum and the Community of Tamatto Village, Ujungloe District, Bulukumba Regency? This research is a qualitative study that uses two data collection methods. First, through primary approaches such as observation, interviews and documentation. Second, using a secondary approach such as library research through books, journals, theses, annual reports and internet sites that are relevant to the research topic. The results of this research illustrate two main things: First, the dynamics of land dispute conflicts began when PT. Lonsum widened land that was not included in its Cultivation Rights land, so the widening caused the community to sue the company, but in suing the community, they did not have a land certificate for the land they claimed, so the land dispute has not yet been resolved. Second, the Contemporary Jurisprudence Approach is applied using wasatiyyah (the principle of balance) by finding solutions without taking sides against one party and respecting the interests of both parties by applying the concept of justice and trying to reconcile both parties. Third, non-litigation settlement of agrarian laws (outside of court), through mediation, in this case the government mediates, facilitates and brings together the two parties. In this meeting, there was a bright spot/solution that was applied to the dispute that occurred. Effective communication is the main key in resolving conflict. By communicating well, it is hoped that the best solution will be found. The government has a role as a mediator between companies and society in this matter. It is important for the government to be fair and neutral without taking sides with one party. Resolving this conflict requires the government to take firm steps that are balanced between both parties.
Integrasi Hukum Islam dan Hukum Positif dalam Pemanfaatan dan Pengelolaan Rumput Laut di Kabupaten Bulukumba Amanda, Serli; Safriani, Andi; Kahfi, Ashabul
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.v5i3.48592

Abstract

This research presents two problem formulation items, namely: First, How is the role of the local government in the utilisation and management of seaweed in Bonto Bahari sub-district, Bulukumba regency? Second, How is the difference between the views of Islamic Law and Law No. 1 of 2014 in the context of management and utilisation of seaweed in Bonto Bahari sub-district? This type of research is a qualitative research method using two data collection methods, namely primary which is through observation, interviews, and documentation and secondly secondary, namely literature review through books, thesis journals, research reports and internet sites related to the author's title. The results of this study show two main things, namely: The role of the Government in the utilisation and management of seaweed in Bonto Bahari Subdistrict has been successfully implemented properly, namely first informing the community regarding the limits of seaweed distribution and the community who wants to manage the grass first notifying the location request to the government in order to obtain maximum seaweed yields. Secondly, Islamic teachings teach humans to utilise natural resources, especially marine resources, properly and wisely as explained in (Q.S An-Nahl Verse 14). Meanwhile, Law No. 1 of 2014 concerning seaweed management explains the management and utilisation of seaweed. Research Implications, It is hoped that the government will pay more attention to the level of community enthusiasm by encouraging the development of small and medium enterprises by developing existing resources and it is hoped that related agencies will pay more attention to MSMEs to manage processed seaweed into food, cosmetics, and others. With this, it can make the community's economy increase, because they can manage their seafood not only until the raw sales process but make high-value products that are easily marketed.
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

Abstract

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.
Perlindungan Hukum terhadap Anak Korban Eksploitasi Ekonomi di Kota Makassar: Telaah Undang-Undang Perlindungan Anak dan Hukum Islam Ismail, Khumaerah; Syamsuddin, Rahman; Irfan, Irfan
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.v5i3.50357

Abstract

This study aims to examine the forms of child exploitation that occur in Makassar City, an analysis of regulations in Law Number 35 of 2014, as well as the views of Islamic law on the protection of child victims of exploitation. The method used is qualitative with data collection techniques through interviews, observations, documentation, and literature studies. The results of the study show that forms of child exploitation in Makassar include buskers, beggars, street vendors, and children in costumes. The main driving factor is economic problems. Many families depend on their children's activities on the street for their livelihoods. The government, through the social service, seeks to minimize this phenomenon with monthly assistance to poor families. Regulatively, Article 76I Jo Article 88 of Law No. 35 of 2014 prohibits economic and sexual exploitation of children, with a maximum penalty of 10 years in prison and/or a fine of up to Rp200 million. However, many cases do not proceed to legal proceedings due to a lack of evidence. Therefore, the restorative justice approach is considered more effective. In an Islamic perspective, child exploitation is contrary to the principles of Maqasid al-Sharia, which emphasizes the importance of safeguarding and protecting future generations. MUI Fatwa Number 1 of 2021 also emphasizes that the practice of begging involving children is classified as exploitation and unlawful. The implications of this study emphasize the importance of the role of the community and the government in increasing public awareness through education, seminars, social media campaigns, and stricter law enforcement for the protection of children's rights.
text Rekonstruksi Makna Remaja yang Mampu Sebagai Batas Kedewasaan dalam Mencegah Perkawinan Dini di Kabupaten Polewali mandar (Perspektif Hukum Islam): articel text Ramlan, Amalia; Syam, Hikmatul Adhiyah; Syam, Nur Fakhirah; Haq, Ahmad Ya'rif
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.55150

Abstract

Early marriage remains an urgent socio-legal issue with multidimensional impacts on health, education, and family resilience, particularly in Polewali Mandar Regency, which has the highest rate of teenage marriage in Indonesia. One of the main factors behind this phenomenon is the ambiguous interpretation of the concept of “capable adolescents” as a threshold of maturity, which is often narrowly understood only through biological indicators without considering psychological, social, and economic readiness. This study aims to reinterpret the meaning of “capable adolescents” within the framework of Islamic law and assess its relevance to contemporary social realities in efforts to prevent early marriage. The research method used is a normative juridical approach supported by a sociological approach, through a study of classical and contemporary Islamic legal sources, analysis of legislation, and interviews with adolescents who married at an early age, the community, and religious leaders. The results of the study show that although Islamic law traditionally determines maturity based on signs of puberty and interprets the term syabab (adolescent/youth) as the ability to bear the responsibilities of marriage physically, financially, and socially, these criteria have proven to be insufficient in the current social context. This study emphasizes that maturity must also include mental readiness, intellectual and emotional maturity (rushd), as well as spiritual and social competence. This comprehensive approach is in line with the provisions of Marriage Law No. 16 of 2019, which sets a minimum age for marriage, thereby strengthening the preventive framework in curbing the practice of early marriage. A more holistic reinterpretation of the concept of “capable adolescents” is an important basis for strategies to prevent early marriage through the synergy of Islamic law, positive law, the role of the family, and educational institutions in building public awareness of the importance of age readiness and maturity before marriage.
Perlindungan Institusi Perkawinan Melalui Asas Mempersulit Perceraian: Tinjauan Maqashid Al-Syariah Terhadap Peraktik Di Pengadilan Agama Sinjai: An Analysis of Maqasid al-Syari‘ah on Practices in the Sinjai Religious Court Ariani, Akmal; Yusuf, Muh.; Has, Nisaul Haq Bintu
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.56876

Abstract

This study is motivated by the high divorce rate in Indonesia, which has implications for the fragility of the family institution and the weakening of social resilience, thus requiring legal mechanisms that can provide protection for the institution of marriage. One of the mechanisms applied in the religious court system is the principle of making divorce difficult, which normatively serves to prevent non-urgent divorces. This study aims to analyze the implementation of this principle in the Sinjai Religious Court and review its relevance to maqāṣid al-syarī‘ah. The research method uses a qualitative approach with a juridical-empirical model. Data were collected through court observations, interviews with judges, mediators, and litigants, as well as document and literature studies. The research instruments consisted of interview guidelines and field notes, while data analysis was carried out through the stages of reduction, data presentation, and conclusion verification. The results of the study show that the principle of making divorce difficult is implemented from the early stages of case registration, with the panel of judges attempting to reconcile the parties through advice and mediation in accordance with Supreme Court Regulation Number 1 of 2016. These reconciliation efforts continue throughout the trial process through a persuasive approach and the appointment of an official mediator. However, the application of this principle faces a number of obstacles, such as long-standing domestic conflicts, local cultural factors that tend to be permissive towards divorce, and economic pressures on families. From the perspective of maqāṣid al-syarī‘ah, the principle of making divorce difficult is in line with the objectives of protecting religion, life, reason, offspring, and property, while reducing the social harm caused by unnecessary divorce. Thus, the application of this principle in the Sinjai Religious Court serves not only as a formal procedure but also as a substantive instrument in maintaining the continuity of marriage, preventing premature divorce, and providing space for domestic reconciliation through mediation.
Pluralisme Hukum Waris di Palampang: Studi komprasi Hukum Islam dan Hukum Adat dalam Praktik Pewarisan: Analysis of Islamic Law and Customary Law in Inheritance Practices Syuaib, Nurul Aqarrah; Ansar, Lukman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.57919

Abstract

This study discusses the dynamics of legal pluralism in the practice of inheritance distribution in Palampang Village, Bulukumba Regency, which shows the complex interaction between Islamic inheritance law and the customary inheritance law of the Bugis people. The main issue raised is how the community navigates two different legal systems in inheritance practices, particularly in the context of applying the 2:1 provision between male and female heirs according to Islamic law. The discussion covers the extent to which Islamic law provisions are implemented textually, as well as how cultural values such as family deliberation, social contribution, and empathy are passed down and influence customary mechanisms in inheritance distribution. This study uses a descriptive qualitative approach with data collection methods in the form of in-depth interviews with traditional leaders, religious leaders, and heirs, as well as field observations of inheritance practices. The results of the study show that the Palampang community applies a pluralistic legal system with a greater tendency toward local customs in inheritance practices. The 2:1 distribution provision in Islamic law is rarely strictly implemented because it is considered to not fully reflect social realities and the actual contributions of each heir. An important finding from this study is that legal pluralism does not create conflict if it is managed through family deliberation mechanisms and social approaches based on local values. The academic recommendation from this study is the need for a model of integration between Islamic law and customary law that respects the cultural values of the local community without neglecting the principles of justice in Sharia, as well as strengthening the capacity of community leaders in facilitating pluralistic law-based inheritance settlements.
Child Custody and the Principle of Best Interests in Divorce Decisions at the Makassar Religious Court: An Analysis of Maqashid al Syariah Harid, Muh Asrhil; Ashufa, Abdul Hayyaqdhan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.58337

Abstract

The high divorce rate in Indonesia has serious implications for child protection, particularly with regard to custody rights, which are often disputed in religious courts. In this context, the principle of the best interests of the child is a universal principle that judges must consider when determining custody rights. This study aims to examine the implementation of this principle in religious court practice through a case study of Decision Number 1278/Pdt.G/2023/PA.Mks at the Makassar Religious Court, while also reviewing its relevance to maqāṣid al-syarī‘ah. The research uses a qualitative approach with a theological-normative design, combining the analysis of positive legal documents, Islamic legal theory, and the maqāṣid al-syarī‘ah framework. Data was obtained through the study of decisions, Islamic family law literature, and supporting interviews, then analyzed through a process of reduction, categorization, and normative interpretation. The results of the study show that the panel of judges in this case not only considered formal legal aspects, but also psychological, emotional, social, economic, and child care environment factors as the basis for determining custody rights. These considerations reflect the application of the principle of the best interests of the child, as they place the welfare of the child above the interests of the parents. From the perspective of maqāṣid al-sharī‘ah, this decision is in line with the main objectives of sharia, namely the protection of life (ḥifẓ al-nafs), reason (ḥifẓ al-‘aql), and offspring (ḥifẓ al-nasl), so that it can be seen as a judicial practice that is responsive to Islamic values and contemporary social needs. Thus, this study emphasizes the importance of integrating the principle of the best interests of the child with maqāṣid al-syarī‘ah in religious court practices, while also contributing conceptually to the development of Islamic family law that is more adaptive, humanistic, and oriented towards child protection in Indonesia.
Revitalisasi Nilai-Nilai Hukum Perkawinan Masyarakat Konjo Bulukumba Dalam Mencegah Disintegrasi Keluarga Perspektif Maqashid Al Syariah: The Perspective of Maqashid Al Syariah Amalia, A. Vivi; Andika, Holis; Fajriwahyuningsi, Andi
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.59166

Abstract

Marriage in the Konjo Bulukumba community has social and spiritual values that serve to maintain family integrity, but globalization poses challenges in the form of increased potential for family disintegration and the weakening of traditional values. This study aims to analyze the legal values of marriage in the Konjo community, their implementation in preventing divorce, and their relevance to the principles of maqāṣid al-syarī‘ah. This study uses a qualitative approach with a sociological-empirical method. Data were obtained through field observations, in-depth interviews with four informants selected purposively (traditional leaders, religious leaders, and married couples), and documentation review, then analyzed using an interactive model through a process of reduction, presentation, and conclusion drawing. The results of the study show that the practice of pudeppo (traditional advice before marriage), the involvement of the extended family in resolving domestic conflicts, and an emphasis on responsibility and mutual cooperation are effective cultural instruments in reducing divorce rates while maintaining social solidarity. From the perspective of maqāṣid al-syarī‘ah, these values are in line with the objectives of protecting religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), offspring (ḥifẓ al-nasl), and property (ḥifẓ al-māl). These findings confirm that the marriage practices of the Konjo community not only function as a customary mechanism but also have a normative basis in Islamic law. Academically, this research enriches the study of marriage law based on local wisdom integrated with Sharia principles, while practically it can be a reference for traditional leaders, religious leaders, and local governments in formulating policies to preserve cultural values of marriage that support family resilience in the contemporary era.
Judicial Remedies for Breach of Custody Agreements (Hadhanah) in Divorce Proceedings: Evidence from Makassar Religious Court Mughni, Muh Shodiq; Qadri, Muhammad Al-Lail; Azamy, Muhammad Mumtaz
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.59290

Abstract

Divorce often raises legal issues related to custody (child custody), especially when there is a breach of contract or violation of obligations by one of the parties, thereby creating new conflicts between former spouses and impacting the fulfillment of children's rights. This study aims to analyze the role of judges in handling post-divorce custody breaches, both in terms of prevention and enforcement, with a focus on practices in the Makassar Religious Court. This study uses a qualitative method with an empirical juridical approach that combines primary and secondary data. Data was collected through court observations, in-depth interviews with judges and related parties, analysis of court decisions, and a study of Islamic family law literature and national regulations. The results of the study show that the dominant forms of default include neglecting responsibility for the child, abandoning financial support, and attempting to prevent the other party from meeting the child. In terms of prevention, judges consider the principle of the best interests of the child, the age of the child, moral suitability, and the economic capacity of the parents before determining custody rights. Meanwhile, in enforcing the law against breaches that occur, judges provide legal recourse for aggrieved parties to file a lawsuit to revoke custody rights or revise custody decisions, thereby ensuring that the interests of the child are protected. This study shows that judges in the Religious Court do not merely perform formal judicial functions, but also play a protective role towards children by balancing Islamic legal norms, national regulations, and values of public interest. Strengthening the role of judges in addressing hadhanah breaches is important to provide legal certainty while ensuring the protection of children's rights after divorce.

Page 12 of 13 | Total Record : 124

 9   10   11   12   13 

Filter by Year

2020 2025


Reset
Filter By Issues
All Issue VOLUME 6 ISSUE 3, SEPTEMBER 2025 VOLUME 6 ISSUE 2, MAY 2025 VOLUME 6 ISSUE 1, JANUARY 2025 VOLUME 5 ISSUE 3, SEPTEMBER 2024 VOLUME 5 ISSUE 2, MAY 2024 VOLUME 5 ISSUE 1, JANUARY 2024 VOLUME 4 ISSUE 3, SEPTEMBER 2023 VOLUME 4 ISSUE 2, MAY 2023 VOLUME 4 ISSUE 1, JANUARY 2023 VOLUME 3 ISSUE 3, SEPTEMBER 2022 VOLUME 3 ISSUE 2, MAY 2022 VOLUME 3 ISSUE 1, JANUARY 2022 SEPTEMBER Januari MEI Vol. 1, No. 3, September 2020 Vol. 1, No. 2, Mei 2020 Vol. 1, No. 1, Januari 2020 More Issue