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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 17 Documents
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Search results for , issue "VOLUME 3 ISSUE 1, JANUARY 2022" : 17 Documents clear
Pandangan Hukum Islam Tentang Sewa-menyewa Tanah Dengan Sistem Pembayaran Panen Ikmal, Ikmal; Rahman, Arif
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 1, JANUARY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.22010

Abstract

This journal discusses "Islamic legal views on land rent with a harvest payment system in Patte'ne village, Takalar district". Leasing is included in the law of engagement because in a lease there are at least two parties who enter into an agreement, one party states that he is able to give something and the other party binds himself in an agreement to help each other meet their respective needs. Likewise with the prevailing custom in Patte'ne Village, Takalar Regency, they often hold land lease transactions with a harvest payment system, so it is detrimental to the tenants because the payment system is not clear. This research was conducted by field research or empirical juridical research. With a sociological juridical approach and a statutory approach. The sources of data in this study, namely: Primary data, secondary data and searches of various literatures or references. Data collection methods used are observation, interviews, and documentation. Data processing and analysis techniques are carried out through three stages, namely: data identification, data reduction, and data editing. This type of research is a field research using a normative descriptive method. normative descriptive research is research that aims to accurately describe the characteristics of a particular thing, individual, symptom, situation or group. Based on the research used above, it can be concluded that in the implementation of the contract carried out verbally there is no written agreement between the two parties based on mutual trust with one another and they enter into a land lease transaction with a harvest payment system so it is detrimental to the tenant because the payment system is not clear, in the event of a disaster or loss then this is the responsibility of both parties. The implementation of the land lease in Patte'ne Village, Takalar Regency does not meet the requirements in the land lease contract.
Analisis Hukum Islam dan Hukum Positif Tentang Tindakan Aparat Negara Melakukan Spionase Terhadap Warga Negara Asrudi; Mustafa, Zulhas'ari
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 1, JANUARY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.23148

Abstract

This article aims to describe and analyze differences of opinion from the two legal bases, namely Islamic law and positive law regarding espionage by citizens against citizens. In answering the problems above, the author uses Library Research which is guided by the management of data obtained from several literatures. The sources of data obtained include secondary, primary and tertiary data. This research approach using a qualitative approach is something that is based on a literature study by exploring scientific works that are directly related to the object being studied and analyzing in the literature that has relevance to the problem discussed, then reviewing and then concluding. The results of this study indicate that there are differences and similarities in the views of Islamic law and positive law regarding the actions of state officials against citizens. In this paper, the opinion of Islamic law views that espionage carried out by state officials can be carried out if it is aimed at the interests of the State and Muslims. As the Prophet gave an example by sending trusted companions to spy on infidels and hypocrites who could endanger the security of Muslims at that time. However, apart from that, Islam strictly prohibits any spying if it is carried out on Muslims themselves, especially if the spying is groundless or only for personal gain as stated in the QS. Al-Hujurat paragraph 12. Then in positive law views that espionage may be carried out if the actions of the person who is the subject of spying has taken actions that are considered to violate the rules with sufficient preliminary evidence as regulated in the law relating to the permissibility of espionage. Outside of what is regulated in the law, espionage cannot be carried out because it violates a person's right to privacy as regulated in Law number 11 of 2008 concerning Information and Electronic Transactions
Kriminalisasi Terhadap Perempuan dalam Makna Perzinaan; Studi Komparasi Antara Sistem Hukum Positif dan Pandangan Ulama Mazhab Ashari, Hardianti; Hasan, Hamzah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 1, JANUARY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.23228

Abstract

This article aims to analyze how the criminalization of women in the meaning of adultery according to positive law and the views of mazhab scholars. In answering the problems above, the authors use Library Research which is guided by the management of data obtained from several literatures. The sources of data obtained include secondary data and primary data. This research approach using a qualitative approach is something that is based on a literature study by exploring scientific works that are directly related to the object being studied and analyzing in the literature that has relevance to the problem discussed, then reviewing and then concluding. The results of this study are how then the implementation of article 284 of the Criminal Code in society is contradictory. The public view is much more complex about adultery and always clashes with religious values so that in determining the law it is always based on religious values. So that in the expansion of the meaning of adultery, it has the potential to criminalize and discriminate against women. Likewise with the views of Imam Shafi'i and Imam and Imam Maliki which in his view still contains elements of gender bias. Where he places women as the source of sin and in making decisions, he always puts his feelings first so that he is not allowed to be a witness in adultery cases, even though there should be no discrimination against women in this regard. Because women also have their own existence, which is equal to men, then as in the case of testimony, they should not only look at it from a biological perspective, but pay more attention to the aspects of integrity, quality, morality and human capacity itself
Konsep Adil dalam Poligami Perspektif Muhammad Quraish Shihab dan Amina Wadud Natriani; Irfan Lewa
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 1, JANUARY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.23820

Abstract

This article aims to analyze the differences and similarities between Muhammad Quraih Shihab and Aminah Wadud in terms of fair application in polygamy, namely M. Quraish Shibab, argues that polygamy is neither a recommendation nor an obligation to practice polygamy, but an alternative to resolve family problems. Meanwhile, Amina Wadud's opinion about polygamy is not allowed because the reasons that have been believed so far have never been found in the Qur'an. Thus, an important point that can be drawn from Amina Wadud's thinking is an attempt to dismantle old thoughts and old myths built by patriarchal culture. This research is a library research (Library Research). The approach used is descriptive-comparative. Techniques in analyzing data deductively, namely the pattern of studies discussed and studied are general-specific.
Feminist Legal Theory dalam Peraturan Mahkamah Agung; Studi Analisis Hukum Islam Mahardini, Iin Aulia; Siti Aisyah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 1, JANUARY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.23856

Abstract

This article aims to analyze how the feminist legal theory in the Supreme Court Regulation number 3 of 2017 concerning guidelines for adjudicating women's cases in conflict with the law (analytic study of Islamic law). In answering the problems above, the author uses library research which is guided by the processing of data obtained from several literatures. The sources of data obtained include secondary and primary data. This research approach using a qualitative approach is something that is based on a literature study by exploring scientific works that are directly related to the object being studied and analyzing in the literature that has relevance to the problem being discussed, then reviewing and then concludin. The results of this study are how then the urgency of feminist legal theory in adjudicating women's cases against the law. The series of law enforcement processes from investigation, prosecution, to trial in court must comply with the reasoning of the laws and regulations. However, conformity with statutory regulations is not enough, because often court decisions that are in accordance with statutory regulations fail to fulfill a sense of justice and do not even reach the truth of a logical truth. The general character of law formation is often not based on the experience of women and its formulation is more on the granting of power to suppress others, including against women. This is inseparable from the construction of patriarchal ideology and culture
Hak Milik Atas Tanah Perspektif Imam al-Syafi’i dan Imam Ahmad bin Hanbal Majid, Anugrah; Wijaya, Abdi
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 1, JANUARY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.23857

Abstract

This article aims to describe and analyze related to land ownership rights, viewed from the perspective of Islamic law from the point of view of Imam Syafi'i and Imam Hambali which is then related to what happened in Ex. Bara-barayya, Kec. Makassar, Makassar City. In answering the problems above, the author uses a type of research that is classified as qualitative with the research approaches used are: theological-normative, pedagogical, psychological, and sociological. The sources of data for this research are local residents of Bara-barayya and community leaders. Furthermore, the data collection methods used were observation, interviews, documentation, and reference tracing. Then, data processing and analysis techniques were carried out through three stages, namely: data reduction, data presentation, and drawing conclusions. The results of this study indicate the history of the birth of land disputes in the Bara-barayya Village, Makassar District, Makassar City and also discuss the process of resolving land disputes, with this thesis it is hoped that this thesis can be a contribution to people who want to know more details about the history of disputes and the existing dispute resolution process. in Bara-barayya Village, Makassar District, Makassar City.
Fasakh Perkawinan Karena Suami Impoten Perspektif Imam al-Syafi’i dan Undang¬-Undang Perkawinan Azis, Muhammad; Qayyum, Abd. Rahman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 1, JANUARY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.24093

Abstract

This journal discusses the Fasakh of Marriage Due to Impotent Husbands according to Imam Syafi'I and the Marriage Act. Fasakh is something that is allowed in Islamic law, but how is the law of marriage because the husband is impotent if it is seen according to Imam Syafi'i and the marriage law and how is the relevance between the two laws. This research is a library research that aims to analyze the views of Imam Syafi'i and the Marriage Law regarding the marriage phase because the husband is impotent. In this study, the authors use a normative-juridical approach, namely an approach with the aim of discovering legal doctrines or principles relating to marriage marriages, so that they are expected to be able to clearly analyze the views of Imam Syafi'i and the Marriage Law regarding marriage marriages because impotent husband with data collection techniques through a review of library materials related to the problem. Based on the results of the study, based on the opinion of the Imam Shafi'I school (fiqh munakahat) if the husband is impotent and his impotence results in the purpose of marriage being not achieved, either for procreation or for having sexual relations and causing suffering for his wife, the wife has the right to sue Faskh and the judge may validate the marriage if it is proven. Meanwhile, in the Marriage Law regarding the concept of marriage because the husband is impotent, it is explained in Article 22 of Law Number 1 of 1974 concerning marriage, that: "a marriage can be annulled if the parties do not meet the requirements to enter into a marriage". The conditions referred to are described in more detail in Article 19 letter (e) of Government Regulation Number 9 of 1975 concerning divorce can occur for reasons, namely that one of the parties has a disability or illness which results in not being able to carry out his obligations as a husband. However, the Marriage Law does not regulate in detail the diseases that can be submitted as reasons for divorce. The benchmark is where the disability or disease interferes with the parties carrying out their obligations as husband and wife, then the disability or disease can be submitted as a reason for divorce. the impossibility of carrying out the obligations required in Article PP No. 9 of 1975 Article 19 Letter (e) is an impotent disease that is permanent or for a long time. The relevance between the Munakahat Fiqh and the Marriage Law regarding the marriage phase because the husband is impotent is the existence of a relationship that explains and complements each other
Lelang Benda Jaminan Hak Tanggungan Akibat Wanprestasi Perspektif Hukum Nasional Dan Hukum Islam Putriana; Azman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 1, JANUARY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.24097

Abstract

The main problem in this research is related to the existence of problems regarding the auction of mortgage guarantee objects due to defaults that occur in the community so it is necessary to know how National Law and Islamic Law view this matter. The main problem is then broken down into several sub-problems or research questions, namely: 1.) How to determine objects that can be used as collateral for mortgages? (2) How is the auction process for mortgage guarantees from a national legal perspective? (3) What is the process of auctioning mortgage collateral from an Islamic legal perspective? The type of research used in this research is library research (Library Research). The approach used is descriptive-comparative. Techniques in analyzing data deductively, namely the pattern of studies discussed and studied are general-specific. The results of this study indicate that objects that can be used as collateral for mortgage rights include: property rights, use rights, building rights, and use rights on state land. Auction of collateral rights from a national legal perspective, namely the Act has guaranteed legal certainty for auction buyers which is clearly stated in the Vendu Reglement, HIR, and PMK Number 106/PMK.06/2013 concerning Amendments to PMK Number 93/PMK.06/ 2010 and PMK No. 93/PMK.06/2010, then revised again with the Minister of Finance Regulation No. 213/PMK.06/2020 concerning Auction Implementation Guidelines. Meanwhile, the auction of collateral objects from the perspective of Islamic law, namely buying and selling auctions (muzayyadah) in Islamic law is permissible, namely the agreement of scholars about the permission of buying and selling by auction and has even become a prevailing custom in the Muslim market in the past. The implication of this research is that auction as an alternative way of selling goods is a sales system that has been known for a long time. Meanwhile, auctions in Indonesia have been known since 1908 with the issuance of the Vendu Reglement (Statusblad Auction Rules of 1908 Number 189 as amended by Staatsblad of 1940 Number 56). In accordance with developments in the implementation of the auction, a decree of the minister of finance and a decision of the Director General of Receivables and State Auctions shall be issued
Persepsi Masyarakat Terhadap Tradisi Massorong Baki Perspektif Hukum Islam Hada, Heriya; Syatar, Abdul
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 1, JANUARY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.24102

Abstract

The main problem of this research is how the views of some people in Boki Village who still carry out the Massorong tradition. This type of research is classified as qualitative with the research approach used is normative. The data sources for this research are primary and secondary data. The results show that: 1) The Massorong Baki tradition is something that has been done for a long time and is part of a group, society, usually from the same culture and religion, the most basic thing about tradition is that information is passed on from generation to generation. both verbally and in writing, they bring down offerings on the edge of the rice fields as offerings or keep the promise of the Boki people for guarding their fields until harvest. 2) The people's view of the Massorong Baki tradition is that the tool used to honor something is mandatory and as an order of courtesy and respect for those who are older or higher than us and it has been passed down from generation to generation since our ancestors. The implication of this research is that the performance of the tradition regarding this tradition also refers to the performance of the Qur'an and the sunnah of the Prophet. In addition, it is hoped that all incidents of religion related to the community will provide guidance services for community performance passively in order to avoid the subject that leads to polytheism
Penggunaan Suntik Putih di MD Clinic Makassar; Tinjauan Hukum Islam Nurhayanti
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 3 ISSUE 1, JANUARY 2022
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.24155

Abstract

The main problem of this research is how to use, white injection at MD Clinic Makassar? Then it is translated into several sub-problems, namely: 1) What is the content and process of implementing white injection at MD Clinic Makassar? 2) How is Islamic law reviewing the use of white injection at MD Clinic Makassar?. This type of research is classified as qualitative with research approach used is sociological juridical. The data sources for this research are primary and secondary data. This research is classified as a research with qualitative data types, namely by processing primary data sourced from interviews with employees and white injection users at MD Clinic Makassar. The results showed than 1) the content used at MD Clinic Makassar is safe to use and the implementation process is quite safe because it is carried out by doctors and nurses who are experts in their fields. 2) According to a review of Islamic law, the use of white injection at the MD Clinic Makassar, which is seen from the content used and the safe and halal implementation process, can be done if it is to cure disease. But white injection are used for beauty purposes, then the law becomes haram. White injection is an act ofself-harm, and the act of changing Allah’s creation by changing the original skin to be brighter. The act of white injection is also an act of not being grateful for the gift of Allah swt. The implication of this research is need for knowledge before giving white injection to the content and dosage that will be used for white injection and knowig how to process is safe or not. It’s very important to know the content tobe injected into the body so as not to cause effects and dangers for white injection users

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