Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
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.
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<![CDATA[Penundaan Perkawinan Bagi Wanita Karir dalam Perspektif Yusuf al-Qaradhawi ]]>
<![CDATA[Angriati, Ririn]]>;
<![CDATA[Aisyah, Siti]]>;
<![CDATA[Sastrawati, Nila]]>;
<![CDATA[Nurtita, Nurtita]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i1.35739
<![CDATA[Career for some women is proof of the achievements of their abilities so they often postpone marriage to focus more on their careers. This study aims to determine the factors behind the postponement of marriage for women as well as M. Yusuf Al-Qardawi views on postponing marriage for career women. This type of research is qualitative research with a Syar'i Normative approach. The data sources used in this study are primary data including the Qur'an, Hadith and secondary data in the form of books, articles, journals, and tertiary data in the form of dictionaries and encyclopedias related to the postponement of marriage for career women. Data obtained both primary and secondary are then collected, and analyzed in depth. The results of this study show that the reason for women to have a career is to fulfill the wishes of their parents, social status in society, do not want to be bound (want to be free). Other reasons women postpone marriage are job requirements, culture and traditions of society, and sometimes they have not found a suitable partner. Yusuf Qardhawy argued about career women that women who have careers outside the home are allowed in Islam under certain conditions, but he also explained that the main duty of women is to be um wa robbatu al-bayyit. Women according to Yusuf Qardawi have the main obligation to their husbands and educate their children, and with a woman postponing marriage because of career of course her main obligations in the household will be neglected. Therefore, Yusuf Qaradawi's fatwas indicate that if a Muslim woman postpones marriage because of her career without justified reasons, Sharia is not in line with Islamic law.]]>
<![CDATA[Peran Penghulu dalam Menentukan Hak Kewalian Atas Anak Perempuan Akibat Kehamilan Diluar Perkawinan: Studi Kasus di KUA Kecamatan Mariso Kota Makassar ]]>
<![CDATA[Pertiwi, Sri Adinda]]>;
<![CDATA[Haddade, Abdul Wahid]]>;
<![CDATA[Aisyah, Nur]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i1.35764
<![CDATA[The determination of marriage guardians for girls due to pregnancy outside marriage is one of the problems that are the impact of pregnancy outside marriage. This study discusses the role of the ruler in determining guardianship rights for girls born due to pregnancy outside marriage; Case study in KUA, Mariso District, Makassar City. The purpose of this study is to determine the role of the head in KUA Mariso District, Makassar City in determining guardianship rights for girls born due to pregnancy out of wedlock. This type of research is field research which is processed through qualitative descriptive analysis which aims to produce descriptive data in the form of images, words and observed community behavior. The research approach used is a sociological approach and an approach that reviews and analyzes problems based on the results of research in the field. Primary and secondary data in this study were obtained through interviews and observation to obtain information. The results showed that the head of the Mariso Sub-district KUA determined the marriage guardian to the guardian of the judge because the child was only given to his mother and his mother's family. The legal basis of the Mariso Sub-District KUA determines the guardianship rights to guardians in accordance with the Regulation of the Minister of Religious Affairs No. 30 of 2005 contained in the Compilation of Islamic Law. In the case of determining the guardian of marriage, the Head of the Mariso Sub-District KUA requires caution in examining and collecting information to determine the guardianship rights of girls born due to pregnancy outside the marriage of their parents, because it concerns whether or not the marriage of the girl child is legal.]]>
<![CDATA[Pembatalan Perkawinan Akibat Nikah Diluar Perwalian di Pengadilan Agama Sungguminasa Kelas Ib: Studi Putusan Nomor 055/Pdt.Gugatan/2020/Pengadilan Agama.Sgm. ]]>
<![CDATA[Nurjannah, Nurjannah]]>;
<![CDATA[Ridwan, Muh. Saleh]]>;
<![CDATA[Abdillah, Abdillah]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i1.35898
<![CDATA[Marriage has important conditions to be fulfilled, so that the non-fulfillment of conditions in marriage can result in the cancellation of marriage including in terms of guardianship. The main point of this study is how the annulment of marriage due to marriage outside guardianship in the case of decision number 055/PNdt.Lawsuit/2020/Religious Court.Sgm regarding the annulment of marriage due to marriage outside guardianship. This study aims to determine the annulment of marriage due to marriage outside guardianship in the case of decision number 055/Pdt.Gugaltaln/2020/Religious Court. This type of research uses qualitative research with the Field Reseach method. This research is carried out directly in the field using a qualitative descriptive approach, namely by exploring what will be thoroughly researched. The processed data is sourced from written literature and interviews with judges and people within the scope of the court. The results showed that performing a marriage outside of guardianship or without an ordinary guardian resulted in the marriage being invalid, so harmony and conditions in carrying out worship need to exist to determine the validity or invalidity of a worship. In the case of decision number 055/Pdt.Gugaltaln/2020/Religious Court.Sgm, the tribunal is of the opinion that the petition of the petitioner (father) has been proven according to law in accordance with the articles mentioned above so that the marriage in question should be annulled. The implications of this study presumably in the implementation of marriage need to be considered regarding the harmony and requirements of a marriage. In checking the identity of the prospective bride and groom not only prioritizes the truth administratively, but efforts are made to be able to check the field and guidance to the community, so that in carrying out marriage or marriage there are no rules that are violated.]]>
<![CDATA[Analisis Hukum Islam terhadap Waria Sebagai Penata Rias Wanita di Kota Makassar ]]>
<![CDATA[Widiyanti, Widiyanti]]>;
<![CDATA[Jamil, Jamil]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i1.36580
<![CDATA[This study examines the Islamic Law Analysis of the practice of makeup artists for waria in Makassar City. The main issue is how Islamic Law views gender identity and the practice of transvestite makeup artists, as well as how it is implemented in the context of Makassar society. This research uses a qualitative approach with case studies, involving in-depth interviews and observations on the practice of transvestite makeup artists. The results show the complexity of Islamic Law's views on transvestites and makeup artists, which include considerations of ethics, social norms, and religious perspectives. The implications of this research are the need for a deeper understanding of the local context in interpreting Islamic law related to waria and makeup artists, as well as the importance of dialogue between religions, cultures, and human rights in formulating policies that are inclusive and respect gender diversity.]]>
<![CDATA[Hikmah Pensyariatan Hukum (Tasyrī’) pada Aspek Ayat Pidana: Studi Pemikiran Hasbi Ash-Shiddieqy ]]>
<![CDATA[Ariani, Dina]]>;
<![CDATA[Hadi, Sutrisno]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i1.37048
<![CDATA[The background of this research is because there are still many negative perceptions of the provisions of the Qur'an in the criminal field, which is mainly due to incomprehension of the wisdom of legal law in these verses. The purpose of the study was to comprehensively analyze Teungku Hasbi's exposure and thoughts in Tafsir an-Nūr regarding the wisdom of tasyrī' on several aspects of criminal law verses, namely adultery, qażf, drinking khamr, theft, muḥārabah, and al-baghyu. The choice of tafsir an-Nūr itself as the object of study is based on the author's expertise in the field of tafsir, the important position of this tafsir in the treasures of tafsir in Nusantara, and its complete discussion of thirty juz al-Qur'an. This research is a library research type with primary sources Tafsir an-Nūr. The data collection and processing method uses the qualitative data analysis (QDA) method with a content analysis approach. This study concludes that the presentation of Tafsir an-Nūr related to the issue of wisdom tasyrī' in criminal law verses has a strong argumentation basis, naqly and 'aqly. This can be observed from the sources he uses in verse understanding. In addition, his thinking was also oriented towards conveying the hidayah of the Qur'an to Muslims; In terms of originality and independence of his thoughts, Teungku Hasbi did not come out much from the previous mufassir exposure. He received considerable influence from Tafsir al-Marāghī, al-Manār, and Ibn Kasīr. Nevertheless, the independence of his thinking remains visible. This is evidenced by some of his opposing opinions with Jumhur ulama, such as about stoning for adulterers of muhsan that have expired and his thoughts on setting a minimum limit on the property of cutting off the hands of thieves handed over to the ruler.]]>
<![CDATA[Malapraktik Medis dalam Perspektif Hadits Riwayat Abu Dawud dan Pasal 58 UU No 36 tahun 2009: Studi Perbandingan ]]>
<![CDATA[Savariah, Eva]]>;
<![CDATA[Arifin, Tajul]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i1.37514
<![CDATA[Malpractice is basically a social phenomenon so that it attracts a lot of public attention, not only among doctors but also human rights activists. Because malpractice in the world of medicine affects humans, physical losses and victims' property. The legal system in Indonesia does not yet have definite provisions regarding this case, so judges tend to use ordinary procedural law as a guideline. The purpose of the author in writing this article is as follows: 1) To find out how the perspective of hadith on medical malpractice. 2) To find out how the application of criminal law in Indonesia against medical malpractice. The research method that the authors use in this article is a qualitative approach with descriptive analysis techniques. The results of the research show that the hadith HR. Abu Dawud has the same meaning, that is, doctors or medical personnel must be held responsible for the mistakes they have made, because of the patient's losses, both physically, spiritually and psychologically. The government regulates health in the Law of the Republic of Indonesia No. 36 of 2009 concerning Health which was previously Law No. 23 of 1992. So patients who suffer losses can report the doctor or medical personnel through the Doctors Association organization in Indonesia or the existing Medical Discipline Honorary Council. in Indonesia (MKDKI) or the Medical Ethics Honorary Council and can also go through the High Court if it is in the form of a crime by including evidence of being a victim of medical malpractice.]]>
<![CDATA[Aborsi dalam Perspektif Ayat-Ayat/Hadis Ahkam dan Undang-Undang Kesehatan: Studi Perbandingan ]]>
<![CDATA[Afiati, Afa]]>;
<![CDATA[Maspufa, Olivia Sulistya]]>;
<![CDATA[Ekaputri, Nesya]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i1.39284
<![CDATA[Abortion is increasingly practiced among teenagers and married couples. Now people think abortion is a trivial matter, they don't think about the consequences of it. Lack of religious education and strict surveillance from the government and parents make it appear as if they are blind and deaf to the laws and sanctions for abortion. Public understanding of the law and the impact of abortion is the goal of this research both in a religious perspective and a legal perspective in Indonesia. There is also public awareness of their own health and violations of human rights. This type of research is library research, this research uses a descriptive-analytical approach and in its subject matter uses comparative analysis techniques. The results of this study state a comparison between the verses of the law and hadith ahkam as well as the health law. So between the verses of the law and the ahkam hadith that are complementary, but if both are compared with the laws and regulations in general lies in the limit of pregnancy or the age limit allowed for abortion and the similarity is broadly speaking, abortion is an act that violates the law, if done it will be sanctioned. The three points of discussion also attach importance to the health of the mother.]]>
<![CDATA[Penyelesaian Utang Debitur dalam Keadaan Insolven: Perspektif Hukum Positif dan Hukum Islam ]]>
<![CDATA[Wahyuni, Wenni]]>;
<![CDATA[Cahyani, Andi Intan]]>;
<![CDATA[Suriyadi, Suriyadi]]>;
<![CDATA[Anggara, Bayu]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i1.39666
<![CDATA[This study discusses the settlement of debts of debtors who are insolvent from the perspective of positive law and Islamic law, in providing answers related to how to postpone debt payment obligations to insolvent debtors. This research is a library research with a juridical-normative approach. The sources of data used in this research are laws, the Qur'an and Sunnah, in addition to the method of data collection and data analysis by collecting various literature both books and journals then observing and analyzing the data which is the object of research and then providing conclusions. In this study it was found that the postponement of debt payment obligations to insolvent debtors according to Law no. 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Debt Payment is an alternative that can be taken by insolvent debtors who are certain to be unable to pay their debts so that the company is not bankrupted by the court on the condition that during the PKPU period the debtor must submit a peace plan in the form of an offer to pay the debt as a whole or some of its debts or can even restructure its debts to its creditors. Meanwhile, the perspective of Islamic law regarding the postponement of debt payment obligations to insolvent debtors is that this is mubah contained in the Word of Allah swt QS. al-Baqarah/2:280. in the verse it is said that if someone owes him in trouble then give a grace period until he gets relief.]]>
<![CDATA[Implementasi Ketentuan Zakat Mal terhadap Hasil Petani Rumput Laut di Kabupaten Pangkep: Analisis Mazhab Fikih ]]>
<![CDATA[Ariska, Ariska]]>;
<![CDATA[Arsyad, Azman]]>;
<![CDATA[Ariyanti, Riska]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i1.39682
<![CDATA[Zakat mal is a problem that is getting warmer and warmer day by day among the community, especially in the community of Pitue village, Ma'rang sub-district, Pangkep district, where we can see that from the distribution system and the zakat provisions do not have clear standards in the Shari'a because they don't really believe in BAZNAS or other institutions so as to trigger various perceptions in the implementation of zakat. This article aims to identify the basis and procedures for implementing seaweed mal zakat. This study discusses the seaweed mal zakat in Pitue village, Ma'rang sub-district, Pangkep district by using fiqh school of analysis. This research is field research with an ethnographic, sociological, and normative (Syari'i) approach. The data sources used in this study were survey methods and interviews with informants and also took from related books and journals, in addition to data collection methods and data analysis by means of observation, interviews and using atlas.ti9 software. In this study it was found that the provisions for zakat mal seaweed in Pitue village were where the farmers did not have standard provisions that they used as references. However, in a more in-depth study, there are a small number of them referring to the provisions of trade mall zakat at a rate of 10% annually.]]>
<![CDATA[Pemenuhan Hak Biologis Narapidana dalam Mempertahankan Perkawinan pada Lembaga Pemasyarakatan Kelas I Makassar: Analisis Maqashid al-Syariah ]]>
<![CDATA[Yunus, Nur Arfianty]]>;
<![CDATA[Akmal, Andi Muhammad]]>;
<![CDATA[Qayum, Abdul Rahman]]>;
<![CDATA[Shuhufi, Nadyatul Hikmah]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i1.39834
<![CDATA[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.]]>
