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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 10 Documents
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Search results for , issue "VOLUME 6 ISSUE 3, SEPTEMBER 2025" : 10 Documents clear
text Rekonstruksi Makna Remaja yang Mampu Sebagai Batas Kedewasaan dalam Mencegah Perkawinan Dini di Kabupaten Polewali mandar (Perspektif Hukum Islam): articel text Ramlan, Amalia; Syam, Hikmatul Adhiyah; Syam, Nur Fakhirah; Haq, Ahmad Ya'rif
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.55150

Abstract

Early marriage remains an urgent socio-legal issue with multidimensional impacts on health, education, and family resilience, particularly in Polewali Mandar Regency, which has the highest rate of teenage marriage in Indonesia. One of the main factors behind this phenomenon is the ambiguous interpretation of the concept of “capable adolescents” as a threshold of maturity, which is often narrowly understood only through biological indicators without considering psychological, social, and economic readiness. This study aims to reinterpret the meaning of “capable adolescents” within the framework of Islamic law and assess its relevance to contemporary social realities in efforts to prevent early marriage. The research method used is a normative juridical approach supported by a sociological approach, through a study of classical and contemporary Islamic legal sources, analysis of legislation, and interviews with adolescents who married at an early age, the community, and religious leaders. The results of the study show that although Islamic law traditionally determines maturity based on signs of puberty and interprets the term syabab (adolescent/youth) as the ability to bear the responsibilities of marriage physically, financially, and socially, these criteria have proven to be insufficient in the current social context. This study emphasizes that maturity must also include mental readiness, intellectual and emotional maturity (rushd), as well as spiritual and social competence. This comprehensive approach is in line with the provisions of Marriage Law No. 16 of 2019, which sets a minimum age for marriage, thereby strengthening the preventive framework in curbing the practice of early marriage. A more holistic reinterpretation of the concept of “capable adolescents” is an important basis for strategies to prevent early marriage through the synergy of Islamic law, positive law, the role of the family, and educational institutions in building public awareness of the importance of age readiness and maturity before marriage.
Perlindungan Institusi Perkawinan Melalui Asas Mempersulit Perceraian: Tinjauan Maqashid Al-Syariah Terhadap Peraktik Di Pengadilan Agama Sinjai: An Analysis of Maqasid al-Syari‘ah on Practices in the Sinjai Religious Court Ariani, Akmal; Yusuf, Muh.; Has, Nisaul Haq Bintu
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.56876

Abstract

This study is motivated by the high divorce rate in Indonesia, which has implications for the fragility of the family institution and the weakening of social resilience, thus requiring legal mechanisms that can provide protection for the institution of marriage. One of the mechanisms applied in the religious court system is the principle of making divorce difficult, which normatively serves to prevent non-urgent divorces. This study aims to analyze the implementation of this principle in the Sinjai Religious Court and review its relevance to maqāṣid al-syarī‘ah. The research method uses a qualitative approach with a juridical-empirical model. Data were collected through court observations, interviews with judges, mediators, and litigants, as well as document and literature studies. The research instruments consisted of interview guidelines and field notes, while data analysis was carried out through the stages of reduction, data presentation, and conclusion verification. The results of the study show that the principle of making divorce difficult is implemented from the early stages of case registration, with the panel of judges attempting to reconcile the parties through advice and mediation in accordance with Supreme Court Regulation Number 1 of 2016. These reconciliation efforts continue throughout the trial process through a persuasive approach and the appointment of an official mediator. However, the application of this principle faces a number of obstacles, such as long-standing domestic conflicts, local cultural factors that tend to be permissive towards divorce, and economic pressures on families. From the perspective of maqāṣid al-syarī‘ah, the principle of making divorce difficult is in line with the objectives of protecting religion, life, reason, offspring, and property, while reducing the social harm caused by unnecessary divorce. Thus, the application of this principle in the Sinjai Religious Court serves not only as a formal procedure but also as a substantive instrument in maintaining the continuity of marriage, preventing premature divorce, and providing space for domestic reconciliation through mediation.
Pluralisme Hukum Waris di Palampang: Studi komprasi Hukum Islam dan Hukum Adat dalam Praktik Pewarisan: Analysis of Islamic Law and Customary Law in Inheritance Practices Syuaib, Nurul Aqarrah; Ansar, Lukman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.57919

Abstract

This study discusses the dynamics of legal pluralism in the practice of inheritance distribution in Palampang Village, Bulukumba Regency, which shows the complex interaction between Islamic inheritance law and the customary inheritance law of the Bugis people. The main issue raised is how the community navigates two different legal systems in inheritance practices, particularly in the context of applying the 2:1 provision between male and female heirs according to Islamic law. The discussion covers the extent to which Islamic law provisions are implemented textually, as well as how cultural values such as family deliberation, social contribution, and empathy are passed down and influence customary mechanisms in inheritance distribution. This study uses a descriptive qualitative approach with data collection methods in the form of in-depth interviews with traditional leaders, religious leaders, and heirs, as well as field observations of inheritance practices. The results of the study show that the Palampang community applies a pluralistic legal system with a greater tendency toward local customs in inheritance practices. The 2:1 distribution provision in Islamic law is rarely strictly implemented because it is considered to not fully reflect social realities and the actual contributions of each heir. An important finding from this study is that legal pluralism does not create conflict if it is managed through family deliberation mechanisms and social approaches based on local values. The academic recommendation from this study is the need for a model of integration between Islamic law and customary law that respects the cultural values of the local community without neglecting the principles of justice in Sharia, as well as strengthening the capacity of community leaders in facilitating pluralistic law-based inheritance settlements.
Child Custody and the Principle of Best Interests in Divorce Decisions at the Makassar Religious Court: An Analysis of Maqashid al Syariah Harid, Muh Asrhil; Ashufa, Abdul Hayyaqdhan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.58337

Abstract

The high divorce rate in Indonesia has serious implications for child protection, particularly with regard to custody rights, which are often disputed in religious courts. In this context, the principle of the best interests of the child is a universal principle that judges must consider when determining custody rights. This study aims to examine the implementation of this principle in religious court practice through a case study of Decision Number 1278/Pdt.G/2023/PA.Mks at the Makassar Religious Court, while also reviewing its relevance to maqāṣid al-syarī‘ah. The research uses a qualitative approach with a theological-normative design, combining the analysis of positive legal documents, Islamic legal theory, and the maqāṣid al-syarī‘ah framework. Data was obtained through the study of decisions, Islamic family law literature, and supporting interviews, then analyzed through a process of reduction, categorization, and normative interpretation. The results of the study show that the panel of judges in this case not only considered formal legal aspects, but also psychological, emotional, social, economic, and child care environment factors as the basis for determining custody rights. These considerations reflect the application of the principle of the best interests of the child, as they place the welfare of the child above the interests of the parents. From the perspective of maqāṣid al-sharī‘ah, this decision is in line with the main objectives of sharia, namely the protection of life (ḥifẓ al-nafs), reason (ḥifẓ al-‘aql), and offspring (ḥifẓ al-nasl), so that it can be seen as a judicial practice that is responsive to Islamic values and contemporary social needs. Thus, this study emphasizes the importance of integrating the principle of the best interests of the child with maqāṣid al-syarī‘ah in religious court practices, while also contributing conceptually to the development of Islamic family law that is more adaptive, humanistic, and oriented towards child protection in Indonesia.
Revitalisasi Nilai-Nilai Hukum Perkawinan Masyarakat Konjo Bulukumba Dalam Mencegah Disintegrasi Keluarga Perspektif Maqashid Al Syariah: The Perspective of Maqashid Al Syariah Amalia, A. Vivi; Andika, Holis; Fajriwahyuningsi, Andi
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.59166

Abstract

Marriage in the Konjo Bulukumba community has social and spiritual values that serve to maintain family integrity, but globalization poses challenges in the form of increased potential for family disintegration and the weakening of traditional values. This study aims to analyze the legal values of marriage in the Konjo community, their implementation in preventing divorce, and their relevance to the principles of maqāṣid al-syarī‘ah. This study uses a qualitative approach with a sociological-empirical method. Data were obtained through field observations, in-depth interviews with four informants selected purposively (traditional leaders, religious leaders, and married couples), and documentation review, then analyzed using an interactive model through a process of reduction, presentation, and conclusion drawing. The results of the study show that the practice of pudeppo (traditional advice before marriage), the involvement of the extended family in resolving domestic conflicts, and an emphasis on responsibility and mutual cooperation are effective cultural instruments in reducing divorce rates while maintaining social solidarity. From the perspective of maqāṣid al-syarī‘ah, these values are in line with the objectives of protecting religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), offspring (ḥifẓ al-nasl), and property (ḥifẓ al-māl). These findings confirm that the marriage practices of the Konjo community not only function as a customary mechanism but also have a normative basis in Islamic law. Academically, this research enriches the study of marriage law based on local wisdom integrated with Sharia principles, while practically it can be a reference for traditional leaders, religious leaders, and local governments in formulating policies to preserve cultural values of marriage that support family resilience in the contemporary era.
Judicial Remedies for Breach of Custody Agreements (Hadhanah) in Divorce Proceedings: Evidence from Makassar Religious Court Mughni, Muh Shodiq; Qadri, Muhammad Al-Lail; Azamy, Muhammad Mumtaz
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.59290

Abstract

Divorce often raises legal issues related to custody (child custody), especially when there is a breach of contract or violation of obligations by one of the parties, thereby creating new conflicts between former spouses and impacting the fulfillment of children's rights. This study aims to analyze the role of judges in handling post-divorce custody breaches, both in terms of prevention and enforcement, with a focus on practices in the Makassar Religious Court. This study uses a qualitative method with an empirical juridical approach that combines primary and secondary data. Data was collected through court observations, in-depth interviews with judges and related parties, analysis of court decisions, and a study of Islamic family law literature and national regulations. The results of the study show that the dominant forms of default include neglecting responsibility for the child, abandoning financial support, and attempting to prevent the other party from meeting the child. In terms of prevention, judges consider the principle of the best interests of the child, the age of the child, moral suitability, and the economic capacity of the parents before determining custody rights. Meanwhile, in enforcing the law against breaches that occur, judges provide legal recourse for aggrieved parties to file a lawsuit to revoke custody rights or revise custody decisions, thereby ensuring that the interests of the child are protected. This study shows that judges in the Religious Court do not merely perform formal judicial functions, but also play a protective role towards children by balancing Islamic legal norms, national regulations, and values of public interest. Strengthening the role of judges in addressing hadhanah breaches is important to provide legal certainty while ensuring the protection of children's rights after divorce.
LEGAL IMPLICATIONS OF UNREGISTERED MARRIAGES ON THE ADMINISTRATIVE POPULATION STATUS OF CHILDREN FROM THE PERSPECTIVE OF LAW NO. 24 OF 2013: (Case Study: No. 865/Pdt.P/2024/PA/CBN) Natasya, Jessika Angely
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.59706

Abstract

Siri marriage is a form of marriage conducted in accordance with religious law, but not officially registered with the relevant state agency, in this case the Office of Religious Affairs (KUA). This phenomenon is still widely found in Indonesia and raises complex legal issues, one of which relates to the administrative status of children born from such marriages. This issue is crucial because the registration of marriage has direct implications for the civil rights of children, including the possession of a birth certificate as a basic document in the population administration system. This study aims to analyze the legal implications of unregistered marriages on the administrative status of children in the context of Law No. 24 of 2013 on Population Administration, by examining the Cibinong Religious Court Decision No. 865/Pdt.P/2024/PA/CBN as a case study. The method used is a normative juridical approach with data collection through a literature review of legal literature, court decisions, laws and regulations, and relevant academic articles.                 The results of the study show that children born from unregistered marriages often face obstacles in obtaining birth certificates because their parents do not meet the requirements for marriage registration. This situation results in uncertainty regarding the legal status of the child in the eyes of the state, particularly in relation to civil rights and legal protection. However, through the mechanism of marriage validation, the court provides validation of unregistered marriages so that children can obtain administrative legality. The decision of the Cibinong Religious Court in the case studied confirms that the state is present to provide legal certainty for children, while reinforcing the importance of marriage registration as an instrument for the protection of civil rights. This study confirms that marriage registration is a fundamental aspect of guaranteeing children's rights in population administration.
Mrs Upaya Hukum Konsumen atas Wanprestasi dalam Jasa Titip Barang Impor Online: Tinjauan Hukum Perdata dan Fiqh Islam : A Comparative Normative Study of Civil and Islamic Legal Perspectives Windiarti, Wulan; Paramita, Itsma
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.60233

Abstract

The development of digital technology has given rise to the practice of online consignment services for imported goods, which makes it easier for consumers to obtain products from abroad. However, at the same time, it has also given rise to legal problems when service providers do not fulfill their obligations as agreed, such as late delivery, mismatched goods, or no delivery of goods at all. This study aims to analyze the forms of breach of contract and legal liability of online jastip service providers and to examine the legal protection mechanisms for consumers from the perspective of Indonesian civil law and Islamic jurisprudence. The research method used is normative juridical with a legislative and conceptual approach through analysis of the provisions of the Civil Code (KUHPerdata), Law Number 8 of 1999 concerning Consumer Protection, and muamalah fiqh literature regarding wakalah bil ujrah contracts. The results of the study show that in civil law, default in a jastip agreement gives consumers the right to demand fulfillment, contract cancellation, and compensation as stipulated in Articles 1233 and 1243 of the Civil Code and the Consumer Protection Law. From the perspective of Islamic jurisprudence, jastip is categorized as a wakalah bil ujrah contract that requires the principles of trust, transparency, and clarity of contract, so that when a breach of contract occurs without a valid excuse, the service provider is obliged to bear the losses (dhaman) both morally and legally. This study confirms the common ground between Indonesian civil law and Islamic jurisprudence in placing legal responsibility on business actors to protect consumer rights. Despite the existence of a clear legal basis, the practice of online proxy shopping still requires more stringent specific regulations and adequate legal education for consumers so that they can understand, demand, and effectively defend their rights in cross-border digital transactions.
Local Cultural Acculturation in the Practice of Nazar in Bulukumba Regency: A Study of the Angnganro Tradition from an Islamic Law Perspective Widyani, Sri; Mulya A., M. Alyan; Nurafni, Nurafni; Basir, Muhammad Rendiyan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.60463

Abstract

The phenomenon of cultural and religious acculturation in Indonesian society is often reflected in local rituals that are rich in religious meaning, one of which is the Angnganro tradition among the Kajang people in Bulukumba Regency, South Sulawesi. This study aims to analyze the form of the Angnganro tradition and examine the ritual practice from the perspective of Islamic law, particularly in relation to its status as a form of vow or expression of gratitude for the fulfillment of prayers. This study uses a qualitative method with a sociological approach to law in the context of field research. Data was collected through participatory observation, in-depth interviews with traditional and religious leaders, and documentation of rituals, then analyzed in three stages, namely data reduction, data presentation, and conclusion drawing. The results of the study show that Angnganro is a collective ritual performed by the community as an expression of gratitude for recovery from illness, safety from disaster, or success in achieving a specific goal. This ritual is centered in a sacred forest area and led by a traditional leader (Amma Toa), with a series of preparations that can last for months, culminating in seven consecutive days involving extended families and traditional communities. From an Islamic legal perspective, this practice can be categorized as a form of ghairu mahdhah worship which is mubah, as long as it does not contain elements of shirk, bid'ah dhalalah, or violations of the principles of tawhid. Research confirms that the Angnganro tradition is a form of local cultural acculturation and an expression of religiousness that is acceptable in Islamic jurisprudence, provided that the practice remains based on the principle of tawhid and does not conflict with sharia law.
A Amnesty and Abolition: Between Political Reconciliation and Justice from an Islamic Legal Perspective: Amnesti dan Abolisi: Antara Rekonsiliasi Politik dan Keadilan dalam Perspektif Hukum Islam Gunawan, Muhammad Safaat; Mujahidah, Nurul; Azizah, Nur; Putra M, Hilton Tarnama; Sofyan, Sofyan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.60985

Abstract

The discourse on amnesty and abolition in Indonesia has tended to be understood merely as a political legal instrument oriented toward the interests of the state, when in practice there is a tension between the aspects of justice, political reconciliation, and the protection of human rights. The cases of granting amnesty to Hasto Kristiyanto and abolition to Thomas Trikasih Lembong show a gap between the normative basis of positive law and the need for equitable reconciliation. This study aims to analyze the concepts of amnesty and abolition not only as political products, but also as legal instruments that have moral and religious legitimacy. The method used is normative legal research with a legislative, conceptual, historical, and theological approach, supported by primary legal sources, secondary literature, and authoritative references to Islamic jurisprudence. The results of the study show that, conceptually, amnesty and abolition not only serve to ease political conflict, but also have relevance to Islamic legal values. Amnesty can be interpreted as a reflection of the principle of rahmah (mercy) and the restoration of substantive justice through forgiveness and reconciliation, while abolition is in line with the principle of daf‘ al-mafsadah (prevention of harm) as an effort to maintain social stability and national unity. The common ground between the two legal frameworks is that they both view amnesty and abolition not merely as political products, but also as means of achieving justice and national reconciliation. Amnesty and abolition in the perspective of Islamic law can also strengthen the legitimacy of Indonesian positive law while providing a more comprehensive legal protection framework. This study offers an integration of Islamic legal values with positive law in the context of transitional justice, thereby enriching the scientific discourse on the relationship between law, politics, and religion in conflict resolution and national reconciliation in the contemporary era.

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