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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 15 Documents
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Search results for , issue "VOLUME 6 ISSUE 1, JANUARY 2025" : 15 Documents clear
Perlindungan Hak Maternitas Pekerja Perempuan di Kota Makassar: Tinjauan Hukum Islam dan Implementasi Undang-Undang Ketenagakerjaan Nasir, Nurfainna; Mustafa, Zulhasari; Irianto, Afifah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.48348

Abstract

This study examines the appropriateness of the implementation of maternity rights for women workers in Makassar City and examines it from the perspective of Islamic law. This study is motivated by the importance of protecting women's reproductive rights and occupational health in an increasingly dynamic work environment. The research method used is field research with a phenomenological approach, where data is obtained through in-depth interviews, direct observation, and documentation of a number of companies in Makassar City. Data analysis is carried out through three stages, namely data reduction, data presentation, and conclusion drawn. The results of the study show that the implementation of maternity rights in several companies, such as PT Indomarco, PT Sumber Alfaria Trijaya, PT Pertamina, and PT Ruang Raya Indonesia, has been in accordance with the provisions of Law Number 13 of 2003 concerning Manpower, especially Article 81 paragraph (2) and Article 82 paragraph (1) which regulate menstrual leave, maternity leave, maternity leave, and miscarriage leave. From the perspective of Islamic law, maternity rights are seen as fundamental rights that are not only medical but also spiritual, with a postpartum period of three months as a recovery period that needs to be respected. This study recommends the need for more gender-responsive employment policies, especially in the provision of private facilities such as proper lactation rooms and simplification of administrative procedures in applying for menstrual leave, to ensure fair and efficient access for female workers. These findings are important as a contribution to the formulation of inclusive and equitable employment policies.
Euthanasia dan Hak Pasien dalam Filsafat Hukum Islam: Studi Kritis terhadap Praktik Perawatan Paliatif di Negara-Negara Muslim Halim, Patimah; Asrul, Asrul; Shuhufi, Muhammad
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.48646

Abstract

Euthanasia is one of the ethical issues that continues to be debated in various countries, including Indonesia. This dilemma is not only experienced by doctors and legal practitioners, but also by religious circles who are trying to understand the position of religious teachings on this practice. The subject of this research discusses euthanasia and Patient Rights from the perspective of Islamic Philosophy of Law. The main purpose of this study is to examine the concept of euthanasia in the perspective of Islamic Philosophy, compare it with the perspective of human rights, and explore how Islamic law responds to this phenomenon. This study uses a normative approach with a library research method. This method is carried out by collecting and analyzing data from various literary sources, such as Fiqh books, Qur'an interpretations, Hadiths, scientific journals, and related legal regulations. The data collected is then analyzed qualitatively to draw conclusions that are in accordance with the principles of Islamic law.  The results of the research show that the concept of euthanasia formulated by experts is actually prohibited in the Quran and Hadith. For example, in the Qur'an in QS. Al An'am verse 151: "And do not kill a soul that Allah has forbidden (to kill) except for the right reason." Killing here is defined as killing by any means, including killing with the help of others, such as the concept of active euthanasia. Meanwhile, from the point of view of human rights, euthanasia is an effort to eliminate the right to human life, because the essence of euthanasia itself is to eliminate human life on the grounds that it will harm others. However, in certain cases, the termination of medical procedures that do not provide benefits (passive euthanasia) may be allowed under certain conditions.
Malpraktik dalam Abortus Provocatus di Kota Makassar: Kajian Sadd al-Dzari'ah Sebagai Tindakan Preventif Kejahatan Medis Fatra, Meyhira Fatrizia; Hasan, Hamzah; Fatmawati, Fatmawati
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.49232

Abstract

This study aims to analyze the forms of malpractice in illegal abortion provocatus in Makassar City, evaluate the legal aspects of the perpetrators, and examine the practice through the sadd al-dzari'ah approach in Islamic law as a preventive strategy against medical crimes. The practice of abortion performed without professional medical supervision, especially by non-medical individuals such as birth attendants or untrained personnel, poses a serious threat to the safety of women's lives and reproductive health. This research uses a qualitative approach with a type of field research. Data collection techniques are carried out through observation, in-depth interviews, and documentation studies, which are then analyzed descriptive-qualitatively. Field findings show that illegal abortions in Makassar are often performed without proper medical standards, causing harmful physical and psychological complications. Several cases have been handled by law enforcement officials and resulted in criminal verdicts against the perpetrators. From the perspective of sadd al-dzari'ah, this practice is considered to pave the way for wider damage (mafsadah), as it ignores the protection of the soul and violates the basic principles of Islamic law. This study recommends strengthening the legal system and health policies oriented towards prevention, as well as the need for public education based on Islamic values to close the gap in the occurrence of illegal abortion practices and increase awareness of the importance of reproductive health protection.
Transformasi Ritual Syukuran dan Keselamatan Menjelang Kelahiran: Kajian Tradisi Meuri’ dalam Masyarakat Mandar Perspektif Urf' Tualamsyah Wahab, Muh; Aisyah, Nur; Mansur, Rahmat
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.50548

Abstract

This research aims to explore the practice of the Meuri' Tradition in Acehnese society and analyze its relevance in the perspective of Islamic law. This tradition is a ritual of gratitude and a plea for safety for the mother and baby ahead of birth. The research was carried out through a qualitative approach with field research methods, and using normative-sharia and sociological approaches. The results showed that the Meuri' Tradition is generally carried out at seven to nine months of gestation and includes a series of religious and symbolic rituals, such as the recitation of Barzanji, joint prayers, as well as the use of traditional symbols such as bananas, free-range chicken eggs, silk sarongs, coconut oil, and incense. One of the typical processions is macceraq, which is the smearing of a mixture of chicken blood and lime on the forehead of pregnant women and the installation of burabeq as a form of protection. An analysis of this practice shows that the Meuri' Tradition does not contradict the principles of Islamic law, and even reflects the values of Maqasid al-Shariah, especially in preserving religion (al-din), soul (al-nafs), heredity (al-nasl), intellect (al-'aql), and property (al-mal). Thus, this tradition has significant cultural and spiritual value, while contributing to the preservation of local cultural identity within the framework of Islamic law.
Relevansi Nilai-Nilai Islam dan Kearifan Lokal dalam Pelaksanaan Tradisi Maddoa' di Kabupaten Pinrang Majid, Anugrah; Yahya, Yahya; Basir, Muhammad; Hidayat, Rian
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.52064

Abstract

This study examines the integration of Islamic values and local wisdom in the Maddoa tradition of Pinrang Regency, Indonesia. Maddoa', a communal prayer ritual, serves not only as a cultural heritage but also as a medium to strengthen collective religious identity and social cohesion. Despite modernization and shifts in the structure of society, these traditions remain important in shaping community interactions and spiritual life. Using a qualitative field research approach, this study seeks to understand in depth the practice and evolution of Maddoa' in contemporary society. This approach allows researchers to explore the social dynamics, symbolic meanings, and changes that occur in these traditions over time. To provide a comprehensive analysis, this study applies a sharia normative framework to examine the extent to which the practice of Maddoa' is in harmony with Islamic principles, both from the theological and legal aspects of Islam. Data was collected through in-depth interviews, participant observations, and document analysis. These findings show that Maddoa' embodies a dynamic blend of Islamic teachings and customs, fostering a collective awareness of gratitude and devotion to Allah SWT. In practice, Maddoa' serves as a means to foster a collective awareness of gratitude and devotion to Allah SWT, strengthening the relationship between individuals and God and their society. More than just a prayer ritual, this tradition strengthens social ties by instilling the values of togetherness, mutual cooperation, and concern between community members. In this context, Maddoa' is not only a cultural heritage, but also a symbol of harmony between local religions and traditions, creating a unique model of synergy in which Islamic values are not only accepted, but also adapted within a cultural framework that has been rooted for centuries.  In addition, this tradition also reflects a unique model of religious and cultural synergy. This study contributes to a broader discourse on religious acculturation and the sustainability of local traditions in the face of globalization.
Filantropi Islam dan Regulasi Hukum Positif: Kajian Fikih Sosial terhadap Program Donasi Dana Dompet Dhuafa Sulawesi Selatan Wildan, Muhammad; Asni, Asni; Sanusi, Nur Taufiq
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.52949

Abstract

This study aims to analyze the practice of cutting social fund donations by the Dompet Dhuafa Philanthropic Institute of South Sulawesi from the perspective of social fiqh and positive law. The focus of this research includes the mechanisms of fund management by philanthropic institutions, as well as how these practices are normatively reviewed in the context of Islamic law and national regulations. This study uses a qualitative approach with a field study method. Data was collected through observation, in-depth interviews, and documentation, which was then strengthened by literature studies of laws and regulations, scientific literature, and information from the official websites of related institutions. Data analysis is carried out through the stages of data reduction, data presentation, and drawing conclusions. The results of the study show that Dompet Dhuafa South Sulawesi collects funds from ZISWAF and Corporate Social Responsibility (CSR) sources, with an allocation of 12.5% for operational needs and amil rights. From the perspective of social fiqh, the deduction is justified based on the provisions in QS. At-Taubah verse 60 and MUI Fatwa No. 8 of 2011, which stipulates the share of amil at 12.5%, in line with the views of scholars such as KH. Sahal Mahfudh and KH. Ali Yafie who emphasized the importance of optimizing zakat institutions in community empowerment in accordance with the principles of maqāṣid al-syarīʿah. Meanwhile, in the context of positive law, the deduction of social funds by Islamic philanthropic institutions is regulated in Article 67 paragraph (2) of Government Regulation No. 14 of 2014 as a derivative of Law No. 23 of 2011, and strengthened by the Decree of the Ministry of Religion No. 733 of 2018 and BAZNAS Regulation No. 1 of 2016, which allows deductions of up to 20% outside of zakat funds. On the other hand, public philanthropic institutions or Money and Goods Collection Institutions (PUB) are subject to Government Regulation No. 29 of 1980 and Permensos No. 8 of 2021, which limit operational costs to a maximum of 10% without specific regulations regarding the salary of administrators. This research emphasizes the need for regulatory distinction between Islamic and public philanthropic institutions, as well as the strengthening of transparency in the management of social funds to maintain public trust and the effectiveness of aid distribution.
Kebiri Kimia sebagai Sanksi bagi Pelaku Kejahatan Pedofilia: Telaah Maqasid Syariah dan Prinsip Non-Diskriminasi HAM Atifah, Nurul Rezeki; Marilang, Marilang; Hamsir, Hamsir
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.53185

Abstract

The purpose of this study is to evaluate the extent to which chemical castration is effective in providing a deterrent effect, analyze the argumentative basis of this punishment as a form of prevention, and assess its conformity with the principles of human rights and Islamic criminal law. This article examines the application of chemical castration punishment to perpetrators of sexual crimes, especially pedophilia, through the perspective of Human Rights (HAM) and Islamic criminal law. The background of this study is based on the increasing cases of sexual violence in Indonesia which encourages the government to adopt chemical castration as a repressive and preventive effort. This research uses a literature study method with an exploratory-qualitative approach. Data were collected through document analysis, positive legal literature, international provisions related to human rights, as well as authoritative sources in classical and contemporary Islamic law. The analysis was carried out normatively and descriptive-critically. The results of the study show that chemical castration punishment causes controversy from various aspects, both medically, psychologically, socially, and legally. From a human rights perspective, this action is seen as a form of treatment that degrades human dignity and has the potential to violate the principle of non-derogable rights related to physical and mental integrity. Meanwhile, from the perspective of Islamic criminal law, although there is a principle of prevention ('sadd al-dzari'ah') against crime, there is no explicit legitimacy that allows invasive medical measures such as chemical castration, which can be categorized as a form of mutilation and is not in line with maqāṣid al-syarī'ah in safeguarding body and soul (ḥifẓ al-nafs wa al-'irḍ). This study confirms that chemical castration punishment cannot be used as a substantial and comprehensive solution to the problem of sexual crime, because it does not touch the structural or cultural roots of the problem.
Penegakan Hukum terhadap Pelaku Lesbian dan Gay di Kota Palopo: Perspektif Hukum Islam Magfirah, Adinda Cahya; Kurniati, Kurniati; Ahmad, La Ode Ismail; Rahayu, Sri
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.53194

Abstract

This study aims to analyze law enforcement against lesbian and gay perpetrators in Palopo City through the perspective of Islamic law, by focusing on the basis of Islamic law that regulates homosexual behavior, law enforcement mechanisms, and social responses and challenges that arise in practice. This research was conducted to understand the principles of Islamic law applied in a modern context, especially in dealing with the issue of Lesbian and Gay in Palopo City. The research method used is qualitative with a case study approach, where data is collected through in-depth interviews with religious leaders, law enforcement officials, and Lesbian and Gay perpetrators, as well as analysis of Islamic legal documents and local regulations. The results of the study show that Islamic law expressly prohibits homosexual practices based on the postulates of the Qur'an and Hadith, but its implementation in Palopo City faces various obstacles, such as the lack of specific regulations, resistance from lesbian and gay perpetrators. In addition, the study reveals the tension between Islamic law enforcement and human rights, which poses a dilemma for both the government and society. This research is expected to be a consideration for policymakers and stakeholders in formulating more inclusive and equitable regulations.
Respon Laskar Jihad terhadap Pemikiran Islam Mazhab Ambon Budianto, Muhammad Arief; Candra, Iga Ayu Intan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.53968

Abstract

This research aims to analyze Laskar Jihad's response to Mazhab Ambon's Islamic thought, particularly in the context of the dynamics of religious thought in Ambon. Uniquely, this research offers a new perspective on how Laskar Jihad, as a militant group, responds to the integration of local culture into Islamic teachings. In addition, it explores the application and acceptance of the teachings of the Ambon Mazhab of Islam in Ambon, as well as its impact on the social and religious life of the local community. Using a descriptive qualitative approach and a field study, the primary data sources in this research involved interviews with religious leaders, members of Laskar Jihad, and the Ambon community, and the secondary data sources were obtained through document analysis and related literature. The data obtained was analyzed and processed to draw accurate conclusions. The main findings of this study show that the conflict in Ambon, which was prone to be triggered by a lack of inter-religious tolerance, prompted scholars in Maluku to develop the Islamic Mazhab Ambon, an approach that integrates Islamic teachings with local cultural wisdom in order to create harmony in social life. However, the majority of Laskar Jihad members rejected the Ambon Mazhab of Islam because they believed it undermined the purity of Islamic teachings. This study also reveals how Laskar Jihad's conservative views can influence reconciliation and peacebuilding efforts in Ambon. By highlighting the social relevance of the Mazhab Ambon concept, which aims to promote tolerance, this study shows that the integration of local culture in Islamic teachings can be a strategy in building religious tolerance. Therefore, this study recommends strengthening interfaith dialog, multicultural education, as well as the active role of religious leaders in strengthening social cohesion in Ambon.
Dinamika Uang Panai’ di Kota Makassar Pasca Fatwa MUI Sulawesi Selatan No. 2 Tahun 2022: Menakar Kepatuhan Syariah dan Pelestarian Tradisi Nasmi, Nasmi; Bakry, Muammar; Haddade, Abdul Wahid; Salam, Abdul
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.54136

Abstract

This study aims to analyze the influence of the Fatwa of the Indonesian Ulema Council (MUI) of South Sulawesi No. 2 of 2022 on panai' money and its implications for Bugis marriage practices in Bangkala Village, Manggala District, Makassar City. The subject matter of this research focuses on how the implementation of the fatwa on the tradition of panai' money in Bugis society. This research uses a qualitative approach with a descriptive-analytical method. Data were collected through in-depth interviews with traditional leaders, scholars, and the community, participatory observation, and documentation of the fatwa text and related social practices. The results show that panai' money still has an important position in the traditional structure of the Makassar Bugis community and is seen as a form of respect and a symbol of the man's social responsibility towards the woman. Although the fatwa of MUI South Sulawesi states that panai' money is a custom whose law is permissible as long as it is not burdensome, its implementation in the community has not shown significant changes. The lack of socialization and education from religious institutions and related parties is a factor inhibiting the understanding and application of the contents of the fatwa as a whole. The implication of this finding is that the preservation of customary values must be accompanied by a proportional understanding of Sharia so that tradition does not become a barrier to marriage. Intensive cultural and educative approaches are needed so that this fatwa can be accepted and implemented by the community in accordance with moderate and contextual Islamic values.

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