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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 7 issue 2, may 2026" : 15 Documents clear
Tradisi A’dangang dalam Ritual Kematian Masyarakat Suku Kajang Kabupaten Bulukunba: Perspektif Kaidah al-'Adah al-Muhakkamah Khatimah, Husnul; Qayum, Abdul Rahman Hi Abdul
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.56122

Abstract

This study focuses on one of the rules of Islamic jurisprudence, namely the rule of Al-'adatu Muhakkamah, a customary law concept that recognizes and can use the custom as a legal basis as long as it does not conflict with Islamic law. This study aims to identify and understand the symbolic meaning contained in each stage of the death ritual tradition called A'dangang in the Kajang tribe, and to examine how the ritual tradition is in line with the principles of the rule of Al 'adatu Muhakkamah. The research method used is a field research method with a qualitative descriptive approach, where data is obtained through observation and in-depth interviews with traditional leaders, religious leaders, and the local community. In this study, the instruments used include interview guides and voice recorders. The process of managing and analyzing data is carried out through several stages, namely data reduction, data presentation, and drawing conclusions. The results of the study show that  the A'dangang death ritual tradition is not only a death ritual, but also a means of strengthening cultural identity and a symbol of respect for ancestors in the Kajang tribe. Regarding this tradition, religious figures are of the view that the practice needs to be adjusted to Islamic teachings which emphasize simplicity in the death procession and uphold Islamic law itself. From the perspective of the Al-‘adatu Muhakkamah principle, the A’dangang death ritual tradition cannot be used as a legal basis or is not in line with the Al-‘adatu Muhakkamah principle because in its series there are several processes that are considered contrary to Islamic principles such as taking off clothes as a symbol of mourning, the use of offerings, and other practices that may contain elements of shirk. This study found that the A’dangang ritual is an important part of the Kajang cultural identity that must be preserved. However, to prevent its values from changing, the preservation of this tradition must consider Islamic principles.
Ritual Perkawinan Adat dan Penalaran Hukum Islam: Analisis 'Urf tentang Tradisi Nipa'bajikang di kalangan Komunitas Muslim di Kabupaten Gowa Amelia, Reski; Chotban, Sippah; Suharna
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.56866

Abstract

This article discusses the traditional Nipa'bajikang wedding ritual practiced by the Je'ne Madingin Muslim community in Gowa Regency, Indonesia, within the framework of Islamic law reasoning based on the concept of 'urf. The main problem of this research is how the position of the Nipa'bajikang tradition in Islamic law and the extent to which the practice of the ritual can be classified as 'urf sahih or 'urf fasid. This research aims to analyze the form and meaning of the implementation of the Nipa'bajikang ritual, examine the views of religious leaders on the tradition, and assess its conformity with the principles of Islamic sharia through the 'urf approach. The research method used is qualitative with a descriptive-analytical approach. Data was obtained through field observations, in-depth interviews with traditional leaders, religious leaders, and communities, and documentation studies. The analysis was carried out by examining ritual practices against the principles of monotheism, prayer orientation, and benefit as the main parameters in the theory of 'urf. The results of the study show that the Nipa'bajikang ritual is understood and carried out as a medium of prayer and plea for blessings to Allah SWT., without belief in the supernatural power in the symbolic elements used. In addition, this ritual serves to strengthen ukhuwah, ta'awun, and social solidarity in the local Muslim community. Based on the criteria of 'urf, the tradition of Nipa'bajikang is categorized as 'urf sahih because it fulfills the elements of social enforcement, utility, and conformity with the principles of Islamic law. The implications of this study confirm the relevance of the concept of 'urf as a socio-legal framework in assessing local cultural practices and supporting the development of contextual Islamic legal reasoning in Indonesian Muslim society.
Transformasi Simbol dan Pergeseran Identitas yang Bergeser: Sebuah Studi Antropologi Budaya tentang Rimpu dan Hukum Islam dalam Masyarakat Bima Mujahidin, Mujahidin; Naping, Hamka
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.61657

Abstract

This article aims to analyze how the Bima community interprets and reconstructs the Rimpu tradition as a cultural symbol intersecting with Islamic law, to identify the various forms of practice, modification, and contestation of Rimpu within social life and digital spaces, and to examine how Rimpu adapts amid contemporary modernization. The study employs a qualitative approach using ethnographic methods—including participant observation, in-depth interviews, and documentation—to produce a detailed and comprehensive account of this socio-cultural phenomenon. The findings reveal that Rimpu functions as a symbol of morality and honor as well as a mechanism of social control rooted in the Maja Labo Dahu value system of Bima society. Rimpu constitutes part of a cultural habitus reproduced through socialization processes within families and communities. A significant shift has occurred from collective obligation to individual choice, accompanied by the commodification of Rimpu within the cultural economy—particularly through festivals and creative industries, including rimpu cili for young girls and rimpu colo for adult women—now featured in cultural parades, local beauty contests, and public performances as a visual representation of Bima identity. This transformation reflects an ongoing negotiation between Islamic values, cultural identity, and the forces of modernity. The article recommends that local government strengthen sustainable cultural preservation programs, support local culture-based MSMEs and creative industries, and integrate cultural education into the formal education system.
Prinsip Proporsionalitas dan Kebebasan Berekspresi dalam Kitab Undang-Undang Hukum Pidana (KUHP) Revisi Indonesia: Sebuah Analisis Demokrasi Deliberatif Tahir, Muh. Taqwin; Yanlua, Muh. Akbar; Lawung, Mario Aprio Almit
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.66961

Abstract

This article examines the regulation of freedom of expression in Indonesia's new Criminal Code with a focus on insults to the President/Vice President, insults to state institutions, and provisions on unrest and fake news that have the potential to limit the space for criticism and public discourse. The main issue raised is whether the configuration of the restrictions is in line with the principle of proportionality and how its implications are for the quality of deliberative democracy in Indonesia. In particular, the article links the constitutional guarantee of freedom of expression in the 1945 Constitution and international law with the design and potential application of new articles of the Criminal Code that touch on the realm of political expression and expression in the digital space. This research uses normative legal methods with legislative, conceptual, and case approaches, based on an analysis of the 1945 Constitution, international law, laws, Constitutional Court decisions, and the latest literature on freedom of expression, the principle of proportionality, and deliberative democracy. The principle of proportionality is applied to assess the extent to which restrictions in the new Criminal Code are justifiable in a democratic society. The results of the study show that, although formally meeting the requirements for restrictions through the law, a number of new articles of the Criminal Code have the potential to close discursive spaces that are oriented towards excessive protection of state officials and institutions, as well as ignore the availability of non-criminal instruments that are less intrusive, thus failing to meet the test of necessity and nonexcessiveness. This configuration has implications for the strengthening of the chilling effect and self-censorship in the public space, which in turn reduces the quality of democracy in Indonesia. The article recommends normative correction through testing in the constitutional court and revision of the law to be in harmony with the ideals of a democratic state of law.
Wacana Pluralitas Agama dalam Islam: Kajian Hadis Ahkam terhadap Makna dan Cakupan Ahl al-Kitab dalam Tafsir M. Ghalib Rif’ah, Andi Muh. Afwaz Fafaza; Abubakar, Achmad; Irham, Muhammad; Nurjannah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.68172

Abstract

This study examines the concept of Ahl al-Kitab through the exegetical framework of M. Ghalib, focusing on the meaning, scope, and jurisprudential implications derived from legal hadiths (hadith ahkam) in his Qur'anic interpretation. Employing a qualitative approach through library research, this study analyzes M. Ghalib's exegetical methodology and situates his views within the broader discourse of classical and contemporary Islamic scholarship. The findings reveal that M. Ghalib's exegesis acknowledges Ahl al-Kitab as adherents of divinely revealed religions while distinguishing between those who maintain peaceful coexistence and those who adopt a hostile stance toward Muslims. On jurisprudential matters, his interpretive framework addresses three principal issues: first, the permissibility of consuming food slaughtered by Ahl al-Kitab, which M. Ghalib allows under specific conditions consistent with the majority scholarly position; second, the marriage of Muslim men with Ahl al-Kitab women, which he permits with certain qualifications, contrasting with the Indonesian Ulema Council (MUI) fatwa prohibiting such unions on grounds of maslahah; and third, the issues of greeting (salam) and social guardianship (walayah), which he treats as contextual rather than absolute prohibitions. Overall, M. Ghalib's exegesis reflects a hermeneutical orientation that balances theological integrity with openness toward religious plurality, grounded in the Qur'anic principles of tolerance and social justice. This study contributes to the contemporary discourse on Islamic legal pluralism and offers practical insights for religious scholars, educators, and policymakers engaged in fostering interfaith harmony within the pluralistic context of Indonesia.
Pluralisme Hukum dalam Sistem Kewarisan Anak Bungko: Dialektika Hukum Adat dan Hukum Islam di Masyarakat Pangkep Maulidah, Tahani Asri; Kurniati; Ilyas, Musyfikah; Tahir, Juraeri; Idrus, Achmad Musyahid
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.68614

Abstract

This study examines the inheritance distribution practice of the youngest child (anak bungko) in the Pangkep community from the perspective of legal pluralism between customary law and Islamic law. The main issue is the practice of granting a larger inheritance share to the youngest child, which does not fully conform to Islamic inheritance law. The research questions address the practice itself, societal and Islamic legal perspectives, and its implications for family justice. This study uses a qualitative method with a socio-legal approach based on literature review. The findings show that the larger share given to the youngest child is based on their social role in caring for parents and maintaining family continuity. While considered fair socially, it requires adjustment in Islamic law through grants and wills. This reflects a dynamic interaction between customary and Islamic law within legal pluralism.
Antara Tata Kelola Syariah dan Hukum Negara: Perspektif Siyāsah Syarʻiyyah tentang Integrasi Fiqih Bīʻah dalam Perlindungan Hutan Mangrove di Kabupaten Sinjai Majid, Nurchaliq; Selvi, Selvi
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.56180

Abstract

Mangrove forest protection requires not only effective state regulation but also the incorporation of religious values that strengthen environmental responsibility. From the perspective of Siyasah Syarʻiyyah, government policies aimed at promoting public welfare (maslahah), including environmental conservation, constitute an essential component of Sharia governance. This study analyzes the efforts of the Sinjai Regency Government to protect mangrove forests and examines the integration of Fiqh Biʻah into the existing legal protection framework from the perspective of Siyasah Syarʻiyyah. This study employed a qualitative case study approach. Primary data were collected through field observations, in-depth interviews, and documentation, while secondary data were obtained from statutory regulations, scholarly literature, and other relevant documents. The data were analyzed descriptively by integrating the perspectives of state law and Siyasah Syarʻiyyah. The findings reveal that the Sinjai Regency Government has implemented mangrove protection through legal regulations, the enforcement of administrative and criminal sanctions against environmental offenders, and the establishment of community-based environmental groups actively engaged in mangrove conservation. From the perspective of Fiqh Biʻah, these measures are consistent with Islamic principles that prohibit environmental destruction (fasad) and assign the state responsibility for safeguarding the public interest through environmental protection. The integration of state law and Islamic legal values has strengthened environmental governance while encouraging greater community participation in preserving mangrove ecosystems. Mangrove forest protection in Sinjai Regency demonstrates that integrating Fiqh Bīʻah into government environmental policies through the framework of Siyasah Syarʻiyyah contributes to a more effective and sustainable governance model by harmonizing state law with Islamic environmental ethics to achieve ecological sustainability and public welfare.
Pemutusan Hubungan Kerja yang Tidak Sah dan Pelanggaran Hak-Hak Pekerja: Sebuah Analisis Melalui Yurisprudensi Muamalah Islam dan Undang-Undang Ketenagakerjaan Indonesia Al'Amin, Dzulkifli; Amriyani, Riza
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.57313

Abstract

Cases of employment termination that disregard workers' statutory rights remain a recurring problem in Indonesia's industrial relations landscape. This study examines one such case — Court Decision No. 29/Pdt.Sus-PHI/2023/PN Mks — in which a worker was dismissed unilaterally without receiving legally mandated severance and compensation. Using a normative juridical approach with conceptual and statutory analysis, this study draws on court documents and relevant legal literature to investigate how both Islamic muamalah jurisprudence and Indonesian labor law address wrongful termination. The findings show that Indonesian labor law, particularly Law No. 13 of 2003 and its amendment under Government Regulation in Lieu of Law No. 2 of 2022, explicitly requires severance pay and procedural fairness in any termination process. From the perspective of fiqh muamalah, unilateral dismissal without prior deliberation and without fulfillment of the worker's rights contradicts the foundational principles of ijarah — a contractual relationship that demands mutual consent and equitable treatment between employer and employee. The case under study reveals a clear violation of both legal frameworks, compounded by weak enforcement mechanisms. This study argues that stronger integration between Islamic legal values and national labor regulation, alongside consistent judicial and administrative enforcement, is essential to building a more just employment protection system in Indonesia.
Hijab, Normativitas Agama, dan Female Agency dalam Antropologi Sosial dan Fikih Islam: Eksplorasi Etnografis Praktik Hijab Kontekstual di Kalangan Mahasiswi Universitas Hasanuddin Sari, Fitria Dwi Ambar; Yahya, Yahya; Basir, Muhammad
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.64284

Abstract

The hijab is regarded in Islamic jurisprudence as a religious obligation for Muslim women. However, within contemporary social contexts, its practice has increasingly become a site of negotiation between religious normativity, individual agency, and socio-cultural influences. This study examines contextual hijab practices among female students at Hasanuddin University by exploring how they interpret, negotiate, and perform the hijab in everyday life through the perspectives of social anthropology and Islamic jurisprudence. This research employed a qualitative ethnographic approach to capture the lived experiences of participants within their natural social environment. Data were collected through in-depth semi-structured interviews, participant observation, and field notes involving fourteen female students at Hasanuddin University who demonstrated contextual or inconsistent hijab practices. The data were analyzed using thematic analysis, integrating anthropological concepts of agency and identity with Islamic jurisprudential perspectives on religious obligations. The findings reveal that contextual hijab practices emerge from the dynamic interaction between religious commitment, personal autonomy, peer influence, fashion trends, campus culture, and family expectations. Participants did not generally reject the normative religious status of the hijab; instead, they continuously negotiated its implementation according to particular social settings and personal circumstances. These practices illustrate that female agency operates not as resistance to religion but as an adaptive process through which religious norms are interpreted and embodied within diverse social contexts. The study also found that participants experienced varying forms of social response, ranging from acceptance and indifference to moral judgment and stigmatization. Contextual hijab practices among female students demonstrate that the hijab functions simultaneously as a religious obligation, a cultural symbol, and a marker of personal identity. Integrating social anthropology with Islamic jurisprudence provides a more comprehensive understanding of how religious normativity and female agency coexist through continuous negotiation within contemporary Muslim society.
Melampaui Pelaku: Meninjau Kembali Subjek Hukum dalam Politik Uang Melalui Siyāsah Dustūriyyah dan Peraturan Pemilu Indonesia Palinrungi, Inda Sari; Dalle, Jumarni; Rasdiana, Rasdiana
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.65401

Abstract

Money politics remains one of the most persistent electoral violations hindering the realization of democratic, free, and fair elections in Indonesia. Although Indonesia's election laws prescribe criminal sanctions for such practices, the legal construction of criminal liability remains limited to specific categories of offenders. This issue has gained renewed attention following Constitutional Court Decision No. 59/PUU-XXII/2024, which rejected the proposed expansion of the legal subject of money politics offenses on the grounds that such reform falls within the legislature's open legal policy. This study aims to examine the legal subject of money politics under Indonesia's election regulations and to reassess its construction through the perspective of siyasah dusturiyyah. This study employed normative legal research using statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively through a descriptive-analytical method by examining Law No. 7 of 2017 on General Elections alongside its constitutional development through Constitutional Court Decision No. 59/PUU-XXII/2024. The findings indicate that the existing legal framework primarily imposes criminal liability on direct perpetrators and does not comprehensively encompass other actors involved in the chain of money politics, including intermediaries, political beneficiaries, and affiliated parties. Constitutional Court Decision No. 59/PUU-XXII/2024 maintains this legal construction by recognizing the expansion of legal subjects as a matter of legislative policy. From the perspective of siyasah dusturiyyah, however, such limitations do not fully reflect the principles of justice, public welfare, accountability, and constitutional responsibility, as all parties contributing to electoral corruption should be subject to legal accountability. Reformulating Indonesia's election regulations is necessary to broaden the legal subject of money politics beyond direct perpetrators to include all actors contributing to electoral violations. Such reform would strengthen law enforcement, enhance electoral integrity, and promote democratic governance consistent with the principles of siyasah dusturiyyah.

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