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[Analisis Urf terhadap Sistem Jaminan dalam Praktik Mappasanra Cengkeh di Kabupaten Bulukumba ]]>
<![CDATA[Hasan, Nugraha]]>;
<![CDATA[Nursyam, Fatima]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.39577
<![CDATA[This study aims to find out how the guarantee system in the practice of clove tree mappasanra, especially in the community of Tamaona Village, Kindang District, Bulukumba Regency. The type of research conducted is field research which is raised from the observation of social facts studied by the method of sociological approach and sharia juridical approach. The sources of data for this research are people who practice pawnning, community leaders, and religious leaders. The data collection method is carried out by means of observation, interviews, and documentation. The results of this study show that the people of Tamaona Village, Kindang District, Bulukumba Regency still carry out the practice of clove tree mappasanra because they consider that this practice is one of the quick and easy ways to get a cash loan with a system of pawning the clove tree as collateral to be managed and all the proceeds are taken by the pawnbroker until the pawnbroker pays off the debt. There are 2 forms of collateral utilization by murtahin, namely the use of collateral by murtahin with a time limit and the utilization of collateral by murtahin without a time limit. In the view of Islamic law based on 'urf, it is viewed that the guarantee system in the practice of mappasanra carried out by the community is categorized into 'urf fasid because it tends to harm one of the parties, namely the pawnbroker and is included in the agreement that leads to the category of usury. The implication of this study is that the practice of clove tree mappasanra is expected to continue to be carried out guided by the rules of Islamic law, to religious leaders or the government to convey about muamalah especially pawns in accordance with Islamic law so that the community is able to apply the system in the practice of mappasanra in accordance with applicable rules.]]>
<![CDATA[Fenomena Pengalihan Sunrang Kepada Anak di Kabupaten Gowa: Analisis Kaidah Al-‘Aadatu Muhakkamah ]]>
<![CDATA[Mappaseleng, Mappaseleng]]>;
<![CDATA[Widjaja, Abdi]]>;
<![CDATA[Anis, Muhammad]]>;
<![CDATA[AR, Amril Maryolo]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.39761
<![CDATA[A polemic that often occurs in the community, especially in Gowa Regency, is the diversion of sunrang to children which often causes problems. So there are often problems in the family that cause disputes between the first child and his other siblings. The main problem in this study is how to transfer sunrang to children in Sapaya village, Bungaya district, Gowa regency, How to analyze the rule of al-'Aadatul Muhakkamah on the phenomenon of transferring sunrang to children in Sapaya Village, Bungaya District, Gowa Regency. This type of research is field research. The approaches used are the Normative Syar'i Approach and the Sociological approach. The methods used in this study are observation, interviews and documentation. From the results of research conducted by researchers on the phenomenon of the transfer of sunrang to children in Sapaya Village, Bungaya District, it shows that the transfer of sunrang to children is carried out in a hereditary manner which is passed on by the community in Sapaya Village. However, the existence of this diversion causes injustice in the provision of sunrang because only the first child is prioritized while the other children do not have the right to receive the transfer of sunrang. The implications of this study are expected to reduce disputes in the diversion of sunrang.]]>
<![CDATA[Kajian Filsafat Hukum terhadap Kedudukan Hak Waris Anak Yang Dihukumi Tiada Oleh Orangtuanya di Kabupaten Gowa ]]>
<![CDATA[Khiar. M, Mafaati Hul]]>;
<![CDATA[Bakry, Muammar]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.40031
<![CDATA[This research discusses the practice of inheritance law against children who are punished for being absent by their parents (Dipattompo' Butta) in the Islamic community in Gowa Regency in 2019-2023. Through initial observations, the authors found several cases of inheritance to children whose parents had punished them as dead where the parents did not pay attention and visited their children again where this could cause disputes so the authors felt the need to do research in this regard. This study uses descriptive qualitative field research methods with an empirical legal approach, the data source is through interviews with parents as inheritance owners, children as heirs, the community, and religious leaders in Gowa Regency. The results of the study show that in the practice of inheritance to children whose parents do not punish them (Dipattompo' Butta) in the Islamic community in Gowa Regency, when viewed from the point of view of Islamic Law Philosophy, the dominant use of customary inheritance law or in accordance with the customs of the community both from the distribution of inheritance and the settlement of inheritance disputes. There needs to be socialization of inheritance law, strengthening the legal status of inherited assets and heirs who are entitled, so that there is justice for the heir. By conducting this research, it is hoped that the local government will make it more efficient in providing socialization of inheritance law to the community, especially to children who are punished for being absent by their parents and strengthening legal legality of inheritance, especially regarding certificates of inherited land and heirs who are entitled, so that inheritance disputes due to people's lack of understanding of the law can be minimized.]]>
<![CDATA[Implementasi Perda No. 3 Tahun 2005 tentang Zakat dalam Perkembangan Usaha Mikro di Kabupaten Bantaeng ]]>
<![CDATA[Mahendra, Yusril Ihza]]>;
<![CDATA[Mustafa, Zulhasari]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.40254
<![CDATA[This study aims to find out how the management of zakat in Bantaeng Regency is implemented by the local government, as well as how the zakat funds can be used productively in supporting the development of micro businesses for mustahik. Optimal zakat management is not only consumptive, but must also be directed at the aspect of economic empowerment so that mustahik can transform into muzakki in the future. This research uses a qualitative method with a descriptive research type. Data was obtained through field observation techniques, in-depth interviews with related parties, and documentation of the implementation of zakat policies in the region. The results of the study show that the implementation of Bantaeng Regency Regional Regulation Number 3 of 2005 concerning Zakat Management has gone through several main stages, namely: zakat collection, distribution, utilization, reporting, and accountability. The local government through the amil zakat institution has made various efforts to improve the effectiveness of management, including building synergy between Baznas, village governments, and community leaders. One of the prominent forms of zakat utilization is the provision of business capital assistance to mustahik engaged in the micro business sector, such as mobile traders or cart owners around mosques, with a sustainable and community-based approach. The novelty of this research lies in its approach which highlights the function of zakat as an instrument of local economic empowerment based on regional regulations. This shows how zakat is not only a means of charity, but also a strategic tool in alleviating poverty and strengthening the economy of the people at the regional level. These findings make an important contribution to the development of empowerment-based zakat management models in other regions with similar characteristics.]]>
<![CDATA[Standarisasi Pernikahan Bagi Perempuan Suku Ammatoa di Kabupaten Bulukumba: Analisis Mazhab Fikih dan Hukum Adat ]]>
<![CDATA[Sutriani, Sutriani]]>;
<![CDATA[Ramli, Arif Rahman]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.40265
<![CDATA[This study aims to analyze the comparison between the Shafi’I school and customary marriage law for women of the Kajang tribe (Ammatoa). So the objectives to be achieved in this study are: 1) to find out the form of standardization of marriage for women of the Kajang tribe (Ammatoa). 2) to find out the views between customary law and the Shafi’i school of thought regarding standardization of marriage for women of the Kajang tribe (Ammatoa). This research is classifield as a type of qualitative research and uses a shari’I, social and anthropological research approach. Types and sources of data in this study are primary data and secondary data with data collection methods used namely interviews, observasion, documentation and literature study. The results of this study indicate that there is pluralism in marriage law for the Kajang people, namely customary law, islamic law (shafi’I school) and positive law. However, what is interesting is that they prioritize customary law in their marriage procession after customary law has been implemented, then it fulfills the requirements as islamic law and positive law regulate regarding marriage. Then in the customary law that applies there is a prohibition on marrying other tribes, this is a must for every Kajang tribal community (Ilalang Emboya), for those who violate it will be subject to customary sanctions, namely they can be expelled from the customary area of the Kajang tribe area (Ammatoa).]]>
<![CDATA[Orderan Fiktif Driver Ojek Online di Kota Makassar: Studi Komparasi Hukum Nasional dan Hukum Islam ]]>
<![CDATA[Megawati, Megawati]]>;
<![CDATA[Arsyad, Azman]]>;
<![CDATA[Qayyum, Abdul Rahman]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.40577
<![CDATA[Fictitious orders in online transportation always exist and even tend to increase and develop in society along with advances in internet technology, transportation and the economy, even though acts of fraud and fictitious orders are seen from any angle very reprehensible, because they can create mutual distrust of fellow drivers and drivers. company. The main problems in this research are 1. what is the reality of the fictitious orders of online motorcycle taxi drivers in the city of Makassar? 2. What is the comparison between national law and Islamic law against fictitious orders for online motorcycle taxi drivers? This type of research is a qualitative descriptive research with a normative (syar'i) approach and a sociological approach. Data management techniques in this study are interviews, observation and documentation. The key informants from this research are drivers and customers who make fictitious orders. The results of this study are losses felt by the customer (customers) on fictitious orders made by drivers and losses are also felt by drivers if the customer (customer) makes a fictitious order so that all those involved make fictitious orders even PT.Grab companies are not the same once taught and justified the existence of fictitious orders suffered losses. The cause of fictitious orders is due to not fulfilling the order target, the perpetrator intends to take personal advantage. The implication of this research is that companies can improve security services for online motorcycle taxi applications, as well as impose sanctions on those who make fictitious orders. Because of the lack of awareness for perpetrators to carry out fictitious orders.]]>
<![CDATA[Metode Pembinaan Hukum terhadap Anak Belum Cakap Hukum di Lembaga Pembinaan Khusus Anak II Maros: Analisis Madhab Fikih ]]>
<![CDATA[Pratiwi, Annisa Intan]]>;
<![CDATA[Aisyah, Nur]]>;
<![CDATA[Laman, Ilham]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.42491
<![CDATA[The main problem in this research is how the legal guidance process for children who are not yet legally competent is implemented at the Special Children's Development Institute II Maros and what is the impact of legal guidance on children who are not yet legally competent at the Special Children's Development Institution II Maros according to the school of jurisprudence. The research method used in this research is sociological legal research by conducting direct interviews. Meanwhile, this type of research is included in field research, namely research that has been carried out directly at the object, especially in an effort to collect data and various information by describing in detail the implementation of coaching at the II Maros Children's Special Development Institute. The research results obtained show that the concept of coaching methods applied by the Special Children's Development Institute II Maros is divided into three, including: Independence Development. Religious Development, and Skills Development. According to Imam Syafi'i, applying coaching methods to children who are not yet competent by providing education and teaching has a good impact so that children can understand and practice Islamic teachings. Meanwhile, according to Imam Maliki's opinion, the application of coaching methods to children who are not legally competent by providing advice and guidance has a good impact. The implication of the research is that when applying the coaching method to children who are not legally competent, they still provide coaching using the advice method, but it is done gently so that the child can easily accept it in accordance with the Imam Maliki school of thought and the coaching method for developing knowledge should be given learning in the form of providing basic material so that the children being coached receive educational simulations. the same as the level of education in public schools.]]>
<![CDATA[Analisis Yuridis Terhadap Batas Usia Minimal Perkawinan Berdasarkan Undang-Undang Nomor 16 Pasal 7 Tahun 2019: Studi kasus Pengadilan Agama Sungguminasa ]]>
<![CDATA[Huda, Nurul]]>;
<![CDATA[Idrus, Achmad Musyahid]]>;
<![CDATA[Sabir, Muhammad]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.42783
<![CDATA[Child marriage is always motivated by various things or commonly referred to as factors, this factor is what encourages a child to marry or want to marry under the age of the provisions that already exist in legislation Number 16 of 2019 concerning marriage, namely in article 7 paragraph 1 which states that those who are allowed to marry when they reach the age of 19 years. Low marriage education is one of the factors for child marriage, which increases every year. In terms of child marriage, one of the factors that influence the occurrence of child marriage is not in accordance with the provisions of Law Number 16 of 2019 concerning marriage, namely the age of 19 years namely due to a lack of knowledge about child marriage, such as a lack of understanding of the impacts that will result from a marriage, both good and bad impacts. This research uses a field methodology (Field Research), namely research that has been carried out by being directly on the object, especially in an effort to collect data and information. And the type of research used is qualitative research. The implication of this research is that underage marriages that occur in Sungguminasa Regency, they are forced to marry due to several factors such as pregnancy outside of marriage, promiscuity, economy, education, custom, arranged marriage and their own desires this is due to lack of supervision and lack of interest in education so that quarrels and violence occur.]]>
<![CDATA[Kepastian Hukum Klausula Pengesampingan Pasal 1266 dan Pasal 1267 KUHPerdata terhadap Pembatalan Perjanjian yang Disepakati Para Pihak dalam Akta Notaris ]]>
<![CDATA[Atpasila, Muh Nur Arisakti]]>;
<![CDATA[Sahril, Iran]]>;
<![CDATA[Martanti, Yurisa]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.43414
<![CDATA[Some business people objected because of the uncertainty of the time for the settlement of default disputes in Court. Therefore, there is often a clause in the agreement for the waiver of Article 1266 and Article 1267 of the Civil Code to cancel the agreement without a court process. The main point of this research discusses the Legal Certainty of the Exclusion Clause of Article 1266 and Article 1267 of the Civil Code in Connection with the Cancellation of the Agreement Agreed by the Parties in the Notary Deed. This study aims to find out the existence of dispute resolution in the Court where the parties have agreed to waive the provisions of Article 1266 and Article 1267 of the Civil Code and the legal certainty of the waiver of the provisions of Article 1266 and Article 1267 of the Civil Code agreed upon by the parties in the Notary Deed. The method used in this study is normative juridical research, namely research on literature law or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is an analytical approach and the technique of collecting legal materials is carried out by inventorying positive legal rules, literature, books, journals and other sources of legal materials. The analysis technique of legal materials is carried out by carrying out grammatical, systematic, and legal construction methods. The results of the study show that the waiver of the provisions of Article 1266 and Article 1267 of the Civil Code in the Notary Deed that has been agreed upon by the parties, then at the stage of its implementation, there is one of the parties who objects to the waiver of Article 1266 and Article 1267 of the Civil Code in reality can file a lawsuit with the Court in connection with the waiver clause of Article 1266 and Article 1267 of the Civil Code, while the party in the position of the defendant who postulated in his execution that the plaintiff did not have legal standing/persona standi in judicio because he had agreed to waive Article 1266 and Article 1267 of the Civil Code, the reality was not considered by the Court. Article 1266 and Article 1267 of the Civil Code are suggested to be amended by adding an exception sentence in the form of "can be set aside as long as agreed by the parties".]]>
<![CDATA[Penerapan Legitime Portie Ahli Waris Terkait Penerima Manfaat pada Polis Asuransi Jiwa: Perspektif Perlindungan Hukum ]]>
<![CDATA[Pangestika, Meitri Widya]]>;
<![CDATA[Chandra, Tofik Yanuar]]>
<![CDATA[ Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024 ]]>
Publisher : <![CDATA[Universitas Islam Negeri Alauddin Makassar ]]>
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DOI: 10.24252/shautuna.v5i2.43436
<![CDATA[Life insurance has become an important necessity for today's modern society. In Indonesia, there is life insurance. As humans, we face risks in everyday life. Risk is an event that will occur but the timing is unknown or uncertain. Therefore, people enter into insurance agreements to be able to transfer the risk to the insurer, or insurance company Where the life insurance agreement provides security and health and guarantees the life and property of a person who is insured in accordance with the provisions stipulated in the insurance agreement. In addition, a life insurance agreement allows the insurer to be queath his wealth to his heirs. The method used in this research is normative juridical research, that is, research of library law or secondary data with sources of primary, secondary and tertiary legal materials. The research approach used is an analytical approach and a technique of collecting legal materials carried out by means of an inventory of positive legal rules, book literature, journals and other sources of legal materials. For the technique of analysis of legal materials is carried out by performing grammatical, systematic, and methodological interpretations of legal constructions. From the results of the study, it was obtained that life insurance, liability has the right to cash payments before the death of the world since the insurance agreement between the liability and the insurer is closed. If the responsibility of the world dies, the connoisseur has this data right as a right to come. Therefore, we will turn to the heirs. Payment of money for life insurance constitutes a guarantee, according to Article 1320 of the Civil Code and Article 257 of the Criminal Code related to the opinion of Diephuis and Opzoomer.]]>
