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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 139 Documents
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Search results for , issue "september" : 139 Documents clear
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.
Dari Fiqh Bi'ah ke Kecukupan Etis: Memikirkan Kembali Konsumsi Fast Fashion melalui Tujuan Pembangunan Berkelanjutan (SDGs) di Kota Makassar Sudarmin, Andi B Mutmainnah; Alfian, Andi; Lutfiah, Afaf
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 3, SEPTEMBER 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i3.65942

Abstract

The rapid expansion of fast fashion has intensified patterns of excessive consumption, contributing to textile waste and environmental degradation. This problem is particularly relevant in Makassar City, where landfill capacity has been exceeded since 2019. This study examines fast fashion consumption among Muslim consumers in Makassar and critically rethinks consumption ethics through the concept of hadd kifayah within the framework of fiqh al-bi’ah and Sustainable Development Goal (SDG) 12 on responsible consumption and production. Employing qualitative field research with a phenomenological approach, the study draws on in-depth interviews with five purposively selected fast fashion consumers from adolescent and adult groups with different fashion preferences. Secondary data were obtained from Islamic jurisprudential literature, scholarly publications, and official documents and analyzed using the Miles and Huberman model. The findings demonstrate that fast fashion consumption is consciously shaped by accessibility, digital promotional exposure, and aesthetic demands, while environmental awareness concerning textile waste remains limited. The study argues that hadd kifayah can be reconceptualized not merely as a threshold of material sufficiency but as an ethical boundary that restrains consumption from exceeding ecological needs and social responsibility. By placing fiqh al-bi’ah in dialogue with SDG 12, the study contributes a normative-analytical framework for responsible fashion consumption that connects Islamic legal ethics with contemporary sustainability principles. It further implies the need for textile-waste governance in Makassar to incorporate Islamic ecological ethics alongside sustainability-oriented policy measures.
Bugis-Makassar Local Wisdom and Family Resilience: A Maqāṣid al-Sharī‘ah Analysis of Divorce Prevention in Gowa Rizka, Husnul; Linda; Syafakillah, San; Hidayat, Rian; Hijriah, Nur
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 3, SEPTEMBER 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i3.66427

Abstract

The persistence of marital conflict and divorce raises questions about how Islamic family law can engage with locally embedded ethical traditions in strengthening family resilience. This study examines the role of Bugis-Makassar local wisdom in preventing divorce and analyzes its significance from the perspective of maqāṣid al-sharī‘ah. Employing a qualitative approach that combines ethnography and phenomenology, the study draws on interviews and observations involving married couples who maintained or restored their marital relationships, couples experiencing marital conflict, and religious, customary, and community leaders in Gowa, South Sulawesi. Data were analyzed using Spradley’s ethnographic analysis assisted by ATLAS.ti 9. The findings show that sipakatau (mutual respect), sipakainge’ (mutual advice and correction), and sipakalebbi (mutual appreciation and honoring) operate as cultural mechanisms for sustaining communication, managing marital conflict, preserving mutual dignity, and strengthening spousal commitment. The study argues that these values constitute more than cultural heritage; they represent a locally grounded ethical framework that is substantively compatible with the pursuit of maṣlaḥah and the protection of family welfare within maqāṣid al-sharī‘ah. By bringing Bugis-Makassar family ethics into dialogue with Islamic family law, this study contributes a contextual perspective to comparative Islamic law by demonstrating how universal Islamic legal objectives can be articulated through locally embedded normative traditions.
Kontrak Pernikahan Digital dan Maqāṣid al-Sharī'ah: Memikirkan Kembali Ittihād al-Majlis (Kesatuan Sidang) dalam Hukum Keluarga Islam Indonesia Mufidah, Ghina; Rifai, Mirwan Sudarmawan; Fahrezi, Rifki Ahmad; Al-Fikri, Andi Muh. Fitrah; Basir, Muhammad Rendiyan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 3, SEPTEMBER 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i3.67933

Abstract

Digital transformation has extended into marriage practices, generating digital marriage contracts and raising a fundamental jurisprudential question concerning ittihād al-majlis (unity of session) in determining the validity of ‘aqd al-nikāḥ (marriage contract). The central problem concerns the regulatory gap between the conditional recognition of online marriage in contemporary Islamic legal discourse and the Indonesian legal framework governing marriage and its registration. The 2021 Ijtima Ulama of the Indonesian Council of Ulama (MUI) recognizes online marriage subject to requirements concerning ittihād al-majlis (unity of session), ittishāl (continuity of the contractual exchange), real-time audio-visual connection, identity verification, and official registration. This study aims to examine the validity of digital marriage contracts through maqāṣid al-sharī‘ah (objectives of Islamic law), particularly al-ḍarūriyyāt al-khams (the five essential protections), and to formulate an operational legal framework within Indonesian Islamic family law. Employing doctrinal legal research supported by a PRISMA-based systematic literature review, the study analyzes 37 selected legal and scholarly documents published between 2015 and 2025. The findings demonstrate that digital marriage contracts are conditionally compatible with maqāṣid al-sharī‘ah when technological mediation preserves valid consent, reliable identity, continuous ījāb-qabūl (offer and acceptance), valid witnessing, protection of lineage, and legal certainty. The study further reconceptualizes ittihād al-majlis as functional unity of the contractual session rather than mere physical co-presence, providing a maqāṣid-based framework for assessing and regulating digital marriage contracts in Indonesian Islamic family law.
Navigating Marriage Dispensation in Indonesia: Marriage Age, Judicial Discretion, and Legal Culture through Friedman’s Theory Hasanah, Nor; Arifin, Ayu Listia; Hayati, Irma Nur; Purbajati, Hafizh Idri; Darajat, Muhaiminah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 3, SEPTEMBER 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i3.71596

Abstract

The increase in Indonesia’s minimum marriage age under Law No. 16 of 2019 was intended to strengthen child-marriage prevention. However, the marriage-dispensation mechanism under Article 7(2) creates an exception whose application may complicate the achievement of this objective. Previous studies have documented the increasing number of marriage-dispensation applications but have paid less attention to how legal norms, judicial practices, and socio-cultural pressures interact in shaping judicial decisions. This study examines how these dimensions influence marriage-dispensation practices in Indonesia. Using a socio-legal approach, the study analyzes 19 marriage-dispensation decisions recorded in the Supreme Court Decision Directory between 2023 and 2026 through Lawrence M. Friedman’s legal system theory, encompassing legal substance, legal structure, and legal culture. The findings reveal three interconnected patterns. First, the statutory requirement of “very urgent reasons” under Article 7(2) lacks sufficiently specific and measurable criteria, leaving considerable interpretive space for judges. Second, judicial decisions demonstrate substantial reliance on judicial discretion in determining urgency, with all 19 cases in the sample being granted. Third, legal culture significantly shapes judicial reasoning, particularly through concerns about zina, social stigma, family shame, and community expectations. The study’s novelty lies in demonstrating how gaps in legal substance are mediated by judicial discretion and reinforced by legal-cultural considerations, thereby producing a recurring pattern of marriage-dispensation approval. The findings highlight the importance of clearer standards for assessing urgency while recognizing the socio-cultural context of judicial decision-making.
Functional Differentiation and Religious Institutional Governance in Indonesia: The 8th Ijtima’ Ulama MUI and the Expansion of KUA Functions Has, Nisaul Haq Bintu; Bilah, Al Mu’tashim; Abimayu, Wisnu
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 3, SEPTEMBER 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i3.71616

Abstract

The proposed expansion of the functions of the Office of Religious Affairs (Kantor Urusan Agama or KUA) to provide administrative and ritual services for followers of all religions has generated debate over the appropriate institutional boundaries of religious governance in Indonesia. This study examines the decision of the 8th National Ijtima’ Ulama of the Indonesian Ulema Council (MUI), Decision No. 13/Ijtima’ Ulama/VIII/2024, which rejects the proposed expansion of KUA functions, and analyzes its implications for interreligious relations and institutional governance. Employing empirical legal research with historical and conceptual approaches, the study uses the MUI decision as its primary source and analyzes it through proportional justice and the sociological theory of functional differentiation. The findings indicate that MUI’s rejection is framed not simply as a claim of institutional exclusivity, but as a preventive response to the potential social and religious tensions arising from the convergence of distinct ritual and administrative functions within a single institution. The analysis further demonstrates that proportional justice may support differentiated institutional arrangements in which KUA retains its historical and functional mandate for Islamic religious affairs, while services for non-Muslim communities are administered through institutions corresponding to their respective religious and administrative contexts. The study argues that religious harmony in a plural society does not necessarily require institutional uniformity; rather, it can be sustained through functional differentiation, proportionality, and inclusive constitutional governance. These findings contribute to the sociology of Islamic law by demonstrating how contemporary Islamic religious authority negotiates institutional boundaries within Indonesia’s plural legal and religious order.
From Equal Shares to Proportional Justice: A Maqāṣid al-Sharī‘ah Analysis of Marital Property Division in Mataram Religious Court Decisions Ulfatunnisa, Inayah Anugerah; Rahmatullah, Andi Muhammad Ridha; Shuhufi, Muhammad; Talli, Abdul Halim; Subli, Mohamad
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 3, SEPTEMBER 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i3.71879

Abstract

Post-divorce marital property division in Indonesia’s Religious Courts is generally governed by Article 97 of the Compilation of Islamic Law (KHI), which establishes an equal one-half share for each spouse. While this formula provides normative certainty, its uniform application may not adequately accommodate cases involving substantial differences in economic and non-economic contributions. This study examines how judicial reasoning addresses the tension between formal equality and proportional justice in marital property division. Using statutory, case, and conceptual approaches, the study analyzes the ratio decidendi of three Mataram Religious Court decisions: Nos. 504/Pdt.G/2022/PA.Mtr, 240/Pdt.G/2021/PA.Mtr, and 546/Pdt.G/2022/PA.Mtr. Maqāṣid al-Sharī‘ah, particularly al-‘adālah (justice) and ḥifẓ al-māl (protection of property), serves as the analytical framework for evaluating the judges’ reasoning. The findings reveal differentiated approaches to property allocation. Two decisions retain the equal one-half division despite variations in the parties’ contributions, whereas Decision No. 504 allocates two-thirds to the wife and one-third to the husband after establishing the wife’s dominant contribution. The analysis demonstrates that Article 97 KHI functions as a general normative benchmark while allowing contextual judicial reasoning where equal allocation does not correspond to the parties’ contributions. The study’s academic novelty lies in proposing a three-stage reconstruction of proportional judicial reasoning: identifying paid and unpaid contributions, determining legally relevant disparities, and justifying the resulting allocation through maqāṣid-based reasoning. This framework bridges normative certainty and substantive justice while providing a more transparent basis for judicial discretion in marital property disputes.

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