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 20 Documents
 1   2 
Search results for , issue "VOLUME 5 ISSUE 1, JANUARY 2024" : 20 Documents clear
Model Pengawasan Lembaga Pengumpul Dana Sosial pada Yayasan Dompet Dhuafa: Perspektif Hukum Positif dan Mazhab al-Syafi’i Majid, Afirah; Mustafa, Zulhasari; Ramli, Arif Rahman; Lukman, Atriani
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.v5i1.39913

Abstract

Dompet dhuafa as a fund collector who has obtained an operational license from the Social Welfare Institute needs to be monitored so that misappropriation does not occur. The main point of this study is the analysis of the supervision model in the social fund collection institution dompet dhuafa in the perspective of positive law and Imam Shafi'i. The purpose of this study is to find out how the supervision of social fund collectors of poor wallets in the perspective of positive law and Imam Shafi'i. This type of research uses qualitative methods. Data is the result of interviews sourced from Dompet Dhuafa employees. The analysis technique used is positive legal analysis by examining library materials, namely regulations and literature related to the problem under study, and Shafi'i School analysis related to the implementation of supervision based on Islamic law, both from the Qur'an, al-Hadith, the rules of Usul Fiqh and the opinions of scholars. The results showed that Dompet Dhuafa Makassar has four supervisory systems, the first of which is the Sharia Advisory Board which is tasked with determining the policies to be carried out by the institution, then an internal audit from the head office of Dompet Dhuafa, an external audit from a Public Accounting Firm, and an Audit of the Ministry of Religion and BAZNAS where the three supervisions examine the financial statements of the institution. In the analysis of the Shafi'i school the context of supervision in institutions as well as ar-riqobah is an obligation that must be resolved continuously, because supervision is to examine the way of making plans in an institution to avoid failure.
Pengelolaan Tambang Galian C terhadap Lingkungan Hidup di Kabupaten Bulukumba: Analisis Fiqh Bi’ah Albar, Sri Aulia Almadani; Kahfi, Ashabul; Budiman, Budiman
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.v5i1.40066

Abstract

Activities from mining excavation C (types of mining sand, soil, krikil and limestone) are increasingly soaring, the need for materials is very important to support personal development and development in an area, regency, or city. This thesis highlights the impact of mining excavation C on the environment in Balong Village, Ujungloe District, Bulukumba Regency. The damage that occurred was predominantly due to a lack of consideration and understanding related to problems arising in planning, operating and overcoming post-mining damage. The importance of the application of Fiqh Bi'ah in protecting the environment to realize the benefit of the ummah because it limits humans in taking action. This type of research is field research with normative (syar'i) and sociological approaches. The data collection methods used are observation, interviews, documentation, and reference tracing. Then data management techniques are carried out through three stages, namely: data reduction, data presentation, and conclusions. The results of this study show that the negative impacts felt by the people of Balong Village due to mining excavated C. The establishment of illegal mines that have a negative impact on the environmental ecosystem and damage the social and economic sectors. The impacts caused such as, damage to the agricultural sector of residents, damage to road access, mining exploration. To minimize environmental damage that occurs, it is important to apply the fiqh Bi'ah to realize the benefit of the people. Fiqh bi'ah provides boundaries, foundations and how to act for a Muslim in addressing environmental damage. Such as, protecting the environment is the same as maintaining religion (hifz al-din), protecting the environment is the same as (hifz al-nafs), protecting the environment is the same as guarding offspring (hifdz al-nasl), protecting the environment is the same as guarding reason (hifz al-aql), protecting the environment is the same as guarding property (hifz al-mal).
Analisis Penerapan Hukum Tindak Pidana Pencemaran Nama Baik dalam Pasal 311 Ayat 1 Kitab Undang-Undang Hukum Pidana pada Pengadilan Negeri Kelas II Pasarwajo Hayun, Hayun; Hasri, Hasirudin; Kahar, Amrun; Hezradian, Rahma Fathan
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.v5i1.43168

Abstract

Different opinions are often the reason someone defames their honor and good name. This happens because of a low level of awareness of maintaining a tarnished good name through legal action. This research aims to legally review the application of article 311 paragraph (1) of the Criminal Code and the basis for the judge's consideration in handing down a decision against the perpetrator of the criminal act of defamation at the trial of case Number 37/PID.b/2012 PN PW Class II District Court Pasarwajo . This research is qualitative in form using a normative and empirical juridical approach which is focused on examining the application of legal rules according to the results of research in the field. Data collection techniques were carried out by direct research, conducting searches and reviewing library materials. The results and conclusions explain that the application of article 311 paragraph (1) of the Criminal Code concerning defamation in the trial of case Number 37/PID.b/2012 PN PW Class 11 District Court Pasarwajo is in this criminal case, the Defendant is named La Rubama Oka Bin H was tried because he had defamed his good name by slandering the victim named La Saheru Bin H. Zainuddin and the basis for the judge's consideration was the legal fact that the defendant La Rubama Oka Bin H. Umar defamed the victim La Saheru Bin H. could not prove his accusation.
Penerapan Bantuan Hukum bagi Masyarakat Marginal Safawi, Imam; Prasetyo, Adrial Adam
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.v5i1.43192

Abstract

Legal aid is the constitutional right of every citizen to guarantee protection and equality before the law, as a means of recognizing human rights (HAM). Obtaining legal assistance for everyone is a manifestation of access to justice as an implementation of guaranteed legal protection and guarantee of equality before the law. This is in accordance with the objectives of the legal aid concept which is linked to the ideals of a prosperous country. Legal aid is also an important instrument in the Criminal Justice System because it is part of protecting human rights for every individual, including the right to legal aid. For underprivileged people, the government has provided free or free legal assistance. However, many marginalized communities do not know this so they feel they are not being helped by the government. This study is based on normative legal research, namely research carried out by reviewing and analyzing legal materials and legal issues related to the problem under study. Legal research is carried out to solve problems that arise, while the results to be achieved are in the form of a description of what should be done to answer these problems. This article explains further about what legal aid is, how to apply for legal aid, and who can get free or free legal aid.
Kontekstualisasi dan Pembumian Fikih Berbasis Realitas Ke-Indonesiaan: Perspektif Hazairin dan Munawir Sjadzali Tarmizi, Tarmizi; Salenda, Kasjim; HL, Rahmatiah
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.v5i1.43378

Abstract

The concept of Indonesian fiqh is an idea that is characteristic of the implementation of Islamic law in Indonesia which is in accordance with the character and nuances of Indonesian society. The emergence of the concept of Indonesian fiqh cannot be separated from the ideas of important figures who contributed ideas to Islamic law in Indonesia. This research is library research carried out by collecting and reviewing various literature related to the concept of Indonesian fiqh which was initiated by several important figures and their ideas. The data analysis technique uses qualitative descriptive analysis through analysis of the thoughts of influential figures in grounding Indonesian fiqh. The results of the research show that Hazairin's thoughts on Indonesian fiqh gave birth to the concept of the Indonesian school of thought or the Syafi'i plus Indonesia school which was projected by including Islamic law in the national legal system. Then Munawir Syadzali with the concept of humanitarian ijtihad through the positivization of Islamic law. Several of the proposals and methodologies that have been initiated have the same ideals, namely wanting a new fiqh format that is in accordance with social realities in Indonesia.
Perlindungan Hukum bagi Warga Negara Asing dalam Pembagian Hak Waris Terkait Hak Milik Tanah di Indonesia Sibarani, Christine Martha Rinauly; Franciska, Wira; Marniati, Felicitas Sri
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.v5i1.43450

Abstract

Differences in nationalities between inheritors and heirs do not invalidate a person's right to inherit. Phenomenon in society, heirs of foreigners did not inherit ownership rights to land. This research aims to analyze the position of heirs of foreigners who receive the inheritance of land ownership rights and to analyze the legal protection of inheritance rights for land ownership rights received by foreigners. The theory used in this research is the Legal Protection Theory by Soetjipto Raharjo and the Inheritance Theory by Wirjono Prodjodikoro. The research method used is normative juridical. The conclusion is foreign heirs still have the right to inherit, for inherited in the land of Ownership Rights, some provisions must be complied with by UUPA that foreigners are obliged to relinquish ownership rights to land within one year from the acquisition of these rights, within that period foreigners can be transferred or sell the land ownership rights to another heir or other parties, or decrease the right to be right to use. After this period, the rights are extinguished because the law and the land belong to the State. However, foreign heirs can be given the right to occupy (including the rights to use, manage, and relish economically), because there is no prohibition in positive legal provisions for a foreigner to occupy and receive economic benefits from a house or building object.
Relevansi Hukum Islam terhadap Pernikahan Adat Masyarakat Mandailing di Desa Tanjung Julu Ritonga, Raja; Dongoran, Irham
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.v5i1.44256

Abstract

The implementation of traditional marriages in the Mandailing community is still very strong today. Because for the Mandailing people, marriage is a procession carried out according to religion and custom. So, until now, marriage in the Mandailing community still follows the customs that have been carried out by the ancestors of the Mandailing community for a long time, even though they have joined the teachings of the Islamic religion which is strongly adhered to by the community. This research was conducted to determine the traditional marriage process in the Mandailing community and its relevance to Islamic law. This research is field research, namely using Tanjung Julu village in Mandailing as a research object. The approach taken is a normative legal approach. In collecting data, observation, interviews, documentation, and a literature study were carried out. Next, all data was analyzed descriptively. The results of the research explain that the traditional marriage practices carried out by the Mandailing community in Tanjung Julu village still take place according to customs that have been passed down from generation to generation. Starting from the process of manyapai boru (khitbah), patibal sere (determining the dowry), and horja (wedding procession). Furthermore, all stages carried out in the wedding procession are adjusted to State Law and Islamic Law, so it can be concluded that Islamic teachings are still very relevant in all processions carried out by the community and do not violate the Law and teachings of the Islamic religion.
Penyebaran Pemahaman Moderasi dalam Menangkal Paham Radikalisme di Pondok Pesantren Kabupaten Bantaeng: Mengukur Kontribusi Program Studi Perbandingan Madzhab dan Hukum Laman, Ilham; Idrus, Achmad Musyahid; Asti, Mulham Jaki
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.v5i1.45115

Abstract

This research wants to answer important questions related to the reality of students' understanding of moderation and radicalism, the role of the Comparative Madzhab and Law Study Program in integrating the school of jurisprudence towards the spread of religious moderation in warding off the dangers of radicalism. This question is motivated by the reality of the danger of radicalism caused by intolerance in madhab and Santri is the main pillar in building moderation and countering radicalism. Therefore, the significance of this research is to offer the importance of madhhab moderation as the initial door to achieve religious moderation and counteract radicalism among students. The method used in this research is a case study approach analyzed with the theory of tasyri philosophy. Data was collected by direct interviews with students of As'adiyah Dapoko Islamic Boarding School and DDI Mattoanging Islamic Boarding School, Bantaeng Regency as primary flat sources and religious and community leaders as secondary flat sources. The research findings are divisions in religion caused by madhhab fanaticism and chaos in the nation and state caused by radicalism. This study concludes that the school of jurisprudence can contribute to counteracting radicalism if it is well understood, the reality of students' understanding of moderation and radicalism is still low, understanding the wisdom of moderation law can strengthen religious moderation and understanding the dangers of radicalism can maintain benefits in religion and state.
- Penerapan Putusan Pengadilan Negeri Gedong Tataan terhadap Tindak Pidana Narkotika Jenis Sabu: Studi Putusan Nomor 52/Pid.Sus/2023/PN/Gdt. Fernando, Juan; Jainah, Zainab Ompu
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.v5i1.45127

Abstract

Crime and drug crimes are a form of victimless crime. These victimless crimes tend to increase in scale when specific agencies or groups are involved, such as the police, prosecutor's office, courts, customs, immigration, and special agencies. Abuse of drugs and illegal substances is on the rise and is a long-standing phenomenon. This will cause enormous damage to generations of citizens. The research method used in this research is a normative legal approach and an empirical approach. Secondary data is data obtained through library research, such as literature and scientific works related to research problems. Secondary data consists of 3 (three) legal materials, primary, secondary and tertiary legal materials. The research results obtained by the factors that cause cases of narcotics abuse that occur in Gedong Tataan are mostly due to work factors such as drivers which require them not to fall asleep to meet the target delivery time, therefore many narcotics are abused, such as crystal methamphetamine, and abuse often occurs due to environmental factors. Then the application and consequences of the application of the court decision based on decision number: 52/Pid.Sus/2023/PN.Gdt and Law number 35 of 2009 concerning narcotics as the application of the law carried out by the Gedong Tataan District Court against the defendant. Declare the defendant I Ridho Priyanto bin Atip Sumantri and the Defendant, Dedi Firmansyah bin Muhaimin, have been legally and convincingly proven to have committed the criminal act of "Misusing Class 1 Narcotics for Yourself, Done Together" as in the indictment for violating Article 127 paragraph (1) letter a of Republic of Indonesia Law Number 35 In 2009 regarding narcotics junto Article 55 of the Criminal Code, as well as the amount of narcotics influenced the judge's decision in applying the law in deciding the charges against the defendant.
Urgensitas Musyawarah dalam Penyelesaian Perkara bagi Hakim Pengadilan Agama: Perspektif Al-Qur’an Syafruddin, A. Ummu Fauziyyah; Fikri, Mursyid; Basri, Halimah; Sohrah, Sohrah
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.v5i1.45147

Abstract

Judges have an important role in making decisions in handling cases, therefore judges need time to deliberate before enacting a law and deciding on a case, therefore the number of judges consists of three people because of the concept of judicial deliberation which is carried out before deciding on a case. This research aims to provide clarity regarding the study of Al-Musyawarah in resolving cases for judges in Religious Courts from the perspective of Al-Qur’an interpretation. This research methodology uses a type of library research using the Tafsir Mawdhui (Thematic) approach. The results of the research shed more light on the universality of Islamic law which can penetrate the dimensions of time as the main basis for making decisions. It is hoped that this research will be able to provide significant benefits for readers and serve as a reminder that the concept of the Al-Qur’an perspective is always able to be present in resolving every case from time to time and it is also the author's hope that in the future the status of the rule of law and the majority of Muslims in Indonesia able to provide a progressive collaborative existence

Page 2 of 2 | Total Record : 20

 1   2 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue VOLUME 7 ISSUE 1, JANUARY 2026 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