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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 2, MAY 2025" : 15 Documents clear
Perceraian Akibat Tindakan KDRT Di Pengadilan Agama Kendari Kelas 1A (Perspektif Maqashid Syariah): indonesia Ramli, Arif Rahman; Bolo, Gatra Mahe; Saputra, Nafar
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.50736

Abstract

This research examined the phenomenon of divorce due to domestic violence (DV) handled at the Religious Court of Kendari Class 1A, focusing on the analysis of causal factors, the basis for legal considerations by judges, and the relevance of the maqashid al-syariah approach in resolving the cases. This study employed a qualitative approach with a case study method. The primary data were obtained from observation, interviews with judges and related parties, and analysis of case documents. Meanwhile, the secondary data were collected through a literature review of books, journals, and laws and regulations. The purpose of this research was to provide a comprehensive understanding of the legal dynamics of divorce due to domestic violence (DV) and to explore the role of Shari'a values in decision-making. The results indicated that in the past four years, 2,466 divorce cases have been decided by the Religious Court of Kendari, 190 of which involved DV. Factors contributing to domestic violence (DV) included economic pressure, infidelity, deviant behavior, and poor communication within the household. In deciding cases, judges referred to Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law, Supreme Court instruments, and norms of fiqh and customary law. The maqashid al-shariah approach prioritized the principles of hifz al-nafs (protection of the soul) and hifz al-'ird (protection of honor), thus viewing divorce as an effort to save individuals from physical and psychological violence that could damage human dignity. This research demonstrates the importance of educating the public about the dangers of domestic violence, firm law enforcement against perpetrators, and preventive and rehabilitative programs for victims. The synergy between positive law and the values of maqashid al-shariah provides a strategic approach to realizing justice and well-being in resolving family disputes.
Paradigma Fatwa Pemboikotan Produk Pro-Israel: Implikasi terhadap Pekerja Muslim di Kota Makassar: Implications for Muslim Workers in Makassar City Rizka, Husnul; Anwar, Muhammad Said
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.54847

Abstract

This study aimed to analyze the implications of the Indonesian Ulama Council (IUC) Fatwa Number 83 of 2023, which recommended a boycott of products affiliated with Israel as a form of religious solidarity with the struggle of the Palestinian people. The main focus of this study was to examine the social, economic, and professional impacts of the fatwa on Muslim workers working in companies affiliated with Israeli products in Makassar City. This study used a phenomenological approach within a qualitative research framework, with data collection through in-depth interviews and participant observation, as well as thematic data analysis. The study findings showed that this fatwa had a direct impact on reducing working hours, layoffs, and income instability for some Muslim workers. In addition, social and psychological pressures arose, including feelings of guilt, anxiety, and relational tensions in the work environment and surrounding community. Workers responded to this situation with various adaptation strategies: new workers tended to look for alternative jobs, while old workers chose to stay in order to maintain the economic stability of their families. This study concluded that this normative-recommendatory fatwa presented an ethical dilemma for Muslim workers between religious obedience and economic survival. Therefore, an inclusive and collaborative policy response was needed from the government, religious institutions, and society to assist affected workers in facing the socio-economic consequences of the fatwa.
Pengaduan Penyintas Pelecehan Seksual di Kota Makassar Perspektif Hifzul ‘Irḍi: The Role of Hifzul 'Irḍi in Protecting Sexual Harassment Survivors' Complaints in Makassar City Has, Nisaul Haq Bintu; Sabir, Muhammad; Mustawakkal, Mustawakkal
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.55114

Abstract

This research aimed to analyze the realities of sexual harassment survivors in Makassar City, its impact on their lives, and examine the concept of Hifzul ‘Irḍi within the maqāṣid al-syaria as a framework for protecting survivors' honor. This research approach was qualitative, with data collected through in-depth interviews with survivors, legal counselors, and complaint service providers, as well as a review of relevant documents and literature as secondary data. The data was analyzed thematically to identify patterns in survivors' experiences and their relevance to the principles of protection in Islamic law. The results showed that survivors were often reluctant to report due to confusion in determining legal action, concerns about the perpetrator's position of power, and psychological burdens such as anxiety, stress, and deep trauma. Victims also faced a moral dilemma between maintaining the institution's reputation and pursuing justice. Sexual harassment had a significant impact on survivors' lives, not only causing deep emotional wounds but also creating social stigma, discrimination, and isolation that damage their interpersonal relationships. Hifzul ‘Irḍi's analysis emphasized that maintaining honor was an essential right that must be upheld, while the existence of complaint services was a crucial instrument in restoring the dignity of survivors and preventing similar cases in the future. This research recommends strengthening human rights-based policies and the maqāṣid al-syaria to create a safe, responsive, and victim-friendly social ecosystem.
Hukum Islam Analisis 'Urf Pengaruh Stratifikasi Sosial terhadap Pemilhan Pasangan Nikah di Desa Tanah Toa, Kajang, Bulukumba: Study Kasus di Desa Tanah Toa, Kecamatan Kajang, Kabupaten Bulukumba Azis, Nurhidayanti; Syahrezi, Ikhsan; Ma'ruf, Syarif Ma'arif
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.55132

Abstract

This study aims to analyze the influence of social stratification on the selection of marriage partners in the perspective of 'urf in Tanah Toa Village, Kajang District, Bulukumba Regency. The indigenous people of Ammatoa are known to have a strong social structure, which distinguishes between the Puang (nobles) and the Ata (common people), and this has a significant impact on the practice of marriage. This research uses a qualitative method with a theological-normative approach. The main data source is in the form of in-depth interviews with traditional leaders, religious leaders, and local residents. In addition, secondary data were obtained from customary documentation and literature related to social stratification and Islamic law. Data collection techniques are carried out through observation, interviews, and literature studies. The instruments used were a semi-structured interview guide and a voice recording device. Data processing is carried out through the stages of data reduction, data presentation, and conclusion drawn. The analysis was carried out by examining traditional practices and Islamic views on social stratification and inter-caste marriage. The results of the study showed that social stratification affects marriage patterns, where the Puang group tends to marry fellow Puang to maintain social status and lineage. Inter-caste marriages, such as those between Puang and Ata, although customarily possible, are often rejected by families and communities. This norm comes from a long-standing custom. In the perspective of Islamic law, the prohibition is considered 'urf fasid because it is contrary to the principles of justice and equality, which judge a person's glory based on piety, not social status. Islam also gives freedom in choosing a partner as long as it is based on faith and morals. Therefore, in the context of changing social dynamics, this prohibition needs to be reviewed so as not to cause injustice in the socio-religious life of the community.
Penolakan Harta Warisan Oleh Ahli Waris Perspektif Hukum Islam dan KUH Perdata Zubair, Asni; Arfhan, Muhammad; Leleang, Andi Tenri
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.55298

Abstract

This research discusses the legal implications of the rejection of inherited property in the perspective of Islamic law and the Indonesian civil law system (Civil Code). In Islamic law, the rejection of inherited property is understood as the resignation of an heir or several heirs from their right to receive a share of the inheritance, provided that it can be accompanied by the provision of compensation either from the inherited property itself or from other heirs, as stipulated in Article 183 of the Compilation of Islamic Law (KHI). Meanwhile, in the Civil Code Article 1057-1058, the refusal is made expressly through an official statement before the Registrar of the District Court in the jurisdiction where the inheritance is open. This research uses a normative juridical method with a comparative approach to analyze the doctrines of classical Islamic inheritance law and the provisions of positive Indonesian legislation. The results show that in Islamic law, rejection does not erase the status of heirs, but only serves as a voluntary relinquishment of rights. In contrast, in the civil law system, rejection causes a person to be considered never to be an heir so that all rights and obligations, including the obligation to pay off the testator's debt, are canceled. This difference indicates a difference in legal philosophy: Islamic law emphasizes family management and balance of justice between heirs, while civil law emphasizes procedural certainty and protection of third parties, especially creditors. This study emphasizes the importance of harmonizing the principles of the two legal systems within the framework of Indonesia's pluralistic inheritance law to prevent inheritance disputes.
Mattungka Sapi di Desa Lasiai Kecamatan Sinjai Timur Kabupaten Sinjai: A Case Study on Mattungka Sapi in Sinjai District Arsyad, Nurfadillah; Amelia, Raines Indah Mutiara; Qayum, Abdul Rahman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.55420

Abstract

Profit sharing is a facility that is often used by the community, including the community in Lasiai Village, East Sinjai District, Sinjai Regency. The profit sharing carried out by the people in Lasiai Village is the profit sharing "Mattungka Sapi". This study discusses the practice of implementing profit sharing in the Mattungka Sapi collaboration agreement with the community in Lasiai Village, East Sinjai District, Sinjai Regency, as well as the Mattungka Sapi production sharing cooperation system according to the views of the schools of jurisprudence (Imam of the Syafiiyah School and Imam of the Hanafiyah School). In implementing the community in Lasiai Village, it consists of two forms of cooperation, namely the village government with the community and the community with the community which uses three patterns/systems for profit sharing from mattungka cows. If viewed from the implication that the profit sharing for the mattungka cow is in accordance with the pillars and requirements of Islamic law. However, on the pillars and conditions of mudharabah applied by the people of Lasiai Village in the profit sharing of Mattungka cows, the two Imams of the Shafi'i and Hanafi schools have different views on this matter. This research is a descriptive qualitative research in the form of field research with empirical and normative juridical approaches. Data processing techniques in this study were carried out in three stages, namely data reduction, data presentation and drawing conclusions. The key informants in this study were the village government and the community in Lasiai Village, East Sinjai District, Sinjai Regency who were involved in a cooperation agreement for the production of mattungka cows. In this study it was found that, First, the implementation of the cooperation agreement for the results of mattungka sapi in Lasiai Village must be carried out with a written agreement in order to avoid disputes or disputes in the future. Second, owners and keepers are highly expected before entering into a cooperation agreement for the production of mattungka sapi, they need an understanding regarding profit-sharing rules in Islam in order to achieve justice for both parties and avoid things that can save.
Peraturan Gubernur Nomor 2 Tahun 2025 dan Kebijakan Poligami Aparatur Sipil Negara: Kajian Perbandingan Hukum Positif dan Hukum Islam: A Comparative Study of Positive Law and Islamic Law Gunawan, Muhammad Safaat; Mujahidah, Nurul
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.55532

Abstract

Governor Regulation Number 2 of 2025 regulates the procedures for granting marriage and divorce permits for the State Civil Apparatus in the Special Capital Region of Jakarta, including policies regarding polygamy. In Indonesian positive law, polygamy is permitted with strict requirements, such as the consent of the first wife, urgent reasons, and permission from authorized officials. On the other hand, in Islamic law, polygamy is permitted with a maximum limit of four wives, with the main provision being justice in material and emotional aspects. This study aims to compare the regulation of polygamy in Governor Regulation Number 2 of 2025 with the principles of Islamic law and examine its impact on the State Civil Apparatus and their families. Using a juridical-normative research method and a theological approach, this study referred to positive legal sources such as the Marriage Law and Government Regulations, as well as the arguments in Islamic law that regulated polygamy. The results of the study showed that although positive law and Islamic law both recognize polygamy, there were significant differences in their requirements and implementation. Positive law emphasized strict administrative control to prevent abuse, while Islamic law provided space with conditions of justice that are difficult to fulfill absolutely. Presenting this Governor Regulation as a real effort by the government to control the practice of polygamy in the State Civil Apparatus environment in the Special Capital Region of Jakarta, in order to maintain family stability and the professionalism of civil servants.
Judicial Pardon for Minor Offenses from the Perspective of Fiqh Jinayah: Pemaafan Hakim (Judicial Pardon) Terhadap Tindak Pidana Ringan Dalam Perspektif Fiqh Jinayah Rahman, Abd; Haq, Islamul; Muliyati, Muliyati; Anwar, Alfiansyah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.55607

Abstract

This research aims to examine the concept of forgiveness in minor crimes from the perspective of fiqh jinayah and analyze the gap between the principle of judicial forgiveness in Indonesian positive law and Islamic legal values. Judicial pardons in the Indonesian legal system are special powers given to judges to mitigate or exempt perpetrators from criminal sanctions, especially for minor crimes that do not have a significant impact on society. This concept is a form of judicial discretion in which judges can refrain from imposing sentences even if the defendant is proven guilty. This research uses a normative method with a conceptual and legislative approach, through an analysis of Law Number 1 of 2023 concerning the Criminal Code (KUHP) and jinyayah fiqh literature. The results of the study show that judicial pardon for minor crimes has similar principles to forgiveness in fiqh jinayah, such as consideration of the benefit of the community (maslahah), protection of victims' rights, and the application of proportionate punishment so as not to cause excessive deterrent effects. These findings indicate that judicial pardons can be integrated as an alternative mechanism for resolving minor criminal cases while upholding the principles of restorative justice and a balance between the rights of victims and the rehabilitation of perpetrators. The integration of the values of fiqh jinayah into the concept of judicial forgiveness has the potential to enrich Indonesia's positive legal practice in realizing a more humanistic and beneficial criminal justice system.
ANALISIS PERBANDINGAN HUKUM PERDATA INTERNASIONAL DAN HUKUM ISLAM KONTEMPORER TERHADAP TRANSAKSI VALUTA ASING : A Comparative Study of International Civil Law and Contemporary Islamic Law Aslamiyah, Mujadiddah; Falah, Nabilah; Paqih, Ibnu
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.55817

Abstract

Foreign currency transactions in Indonesia are regulated by Law of the Republic of Indonesia Number 7 of 2011 concerning Currency, which makes the Rupiah the only legal tender in Indonesia, with exceptions for certain transactions such as international trade and foreign exchange transactions conducted through banks authorized by Bank Indonesia. This study was a normative juridical with a comparative approach that intended to compare two views of private international law and contemporary Islamic law through secondary data sources. The results of the study indicated that in private international law, foreign exchange transactions were regulated by freedom of contract, which limited the application of international legal norms. On the other hand, in Islamic Law, foreign exchange transactions must be carried out with the principle of justice and avoid practices involving usury, maysir (speculation), and gharar (uncertainty). Islamic law recommends that transactions be carried out in cash (spot), which is in accordance with sharia provisions to avoid prohibited speculative elements. Although these two legal systems have different approaches, both aim to ensure fair transactions by applicable provisions. Therefore, in practice, foreign exchange transactions must meet the principles of transparency, fairness, and compliance with existing regulations, both in the national legal system and Islamic law, to avoid practices that are detrimental and inconsistent with applicable laws.
Konflik Kebijakan Tenaga Kesehatan Non PNS dengan Peraturan Perundang-Undangan Sarif, Nadira Nestria; Budhiartie, Arrie; Syam, Fauzi
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.56207

Abstract

There is a conflict of norms in the Laws and Regulations on Non-Civil Servant Health Worker Policy, namely between the ASN Law and the Indonesian Minister of Home Affairs Number 79 of 2018 concerning Regional Public Service Agencies. The research method used is a normative juridical research method. The theories used are the theory of legislative hierarchy and the theory of legal certainty. Data collection techniques with literature studies. The data that has been obtained is then analyzed qualitatively to obtain descriptive research results. Based on the results of the study, it is known that the Conflict of the Policy of Non-Civil Servant Health Workers with the Laws and Regulations on Health is between the ASN Law which states that ASN personnel only consist of civil servants and Government Employees with Employment Agreements, but the Minister of Home Affairs of the Republic of Indonesia No. 79 of 2018 concerning Regional Public Service Agencies, With the existence of the Permendagri, public health centers with BLUD status can appoint employees with Non-Civil Servant status who can be employed on a permanent basis or contract, this certainly causes a conflict of norms that does not provide legal certainty about the existence of the non-civil servant health workers. To resolve the conflict of norms, the principle of Lex Superiori derogate Legi inferiori is used, which means that higher laws negate the enactment of lower laws, so the provisions that must be implemented are Law Number 20 of 2023 concerning the State Civil Apparatus. Here, the role of the local government is very necessary in collecting data on Non-Civil Servants in the health center for proposals to become PPPK or civil servants according to applicable regulations.

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