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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
Proving Honor Killing under Indonesia’s New Criminal Code: Living Law, Siri’ na Pacce, and Siyasah Jinaiyah in Bugis-Makassar Society Jannah, Miftahul; Nasrullah; Samin, Sabri; Ridwan, Muhammad Saleh; Lailurrahman, Aisyah
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.v7i3.71932

Abstract

The recognition of living law under Indonesia’s Law No. 1 of 2023 on the Criminal Code creates a legal dilemma when customary values concerning honor conflict with the protection of human life. This issue is particularly relevant in Bugis-Makassar society, where Siri’ na Pacce may influence responses to perceived violations of family honor and potentially contribute to honor-killing practices. This study examines the reconstruction of premeditation in honor-killing cases, the legal limits of customary norms under the new Criminal Code, and their implications from the perspective of Siyasah Jinaiyah. The study employs an interdisciplinary legal approach combining normative and empirical juridical methods. Data were obtained from analysis of the new Criminal Code, a selected court decision, and interviews with legal and religious authorities, and were analyzed through legal interpretation and thematic analysis. The findings show that premeditation under Article 459 can be established through concrete preparatory acts, including family deliberation, prior formulation of the intent to kill, and preparation of traditional weapons. Article 2 does not provide legal protection for customary practices that violate fundamental rights, particularly the right to life. From the perspective of Siyasah Jinaiyah, private retaliation cannot replace state-administered punishment because the protection of life and public order requires institutionalized legal enforcement. The study provides a practical framework for distinguishing culturally motivated violence from legally recognized customary conduct and assessing premeditation without treating Siri’ na Pacce as a justification for killing. This framework may assist judges and law-enforcement authorities in addressing honor-killing cases involving claims of customary legitimacy while safeguarding human rights and Islamic criminal-law principles.
Perlindungan Hukum Guru dalam Penegakan Disiplin Siswa: Perspektif Sosiologis-Hukum terhadap Mekanisme Institusional dalam Pendidikan Dasar di Indonesia Ariasati, Six Hastuti; As'shauma, Kholily; Apriliana, Anggie
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.v7i3.72298

Abstract

Student discipline enforcement places teachers in a complex legal position because disciplinary authority must be exercised alongside children’s rights and the possibility of parental objections. Previous studies have largely focused on the normative limits of teachers’ disciplinary actions, while less attention has been given to how legal protection functions at the school level when disciplinary practices lead to conflict. This study examines the implementation of legal protection for teachers in enforcing student discipline at a primary school in Surakarta, Indonesia, and identifies institutional measures needed to reduce protection risks. The study employs a socio-legal design with a descriptive qualitative approach, drawing on 904 recorded disciplinary incidents during the 2025/2026 academic year, school documents, five direct observations, and face-to-face interviews with four key informants. The findings show that the frequency of disciplinary violations does not necessarily indicate the level of legal risk faced by teachers. Most incidents were resolved through educational guidance, whereas two low-frequency incidents resulted in parental objections or threats that affected teachers’ sense of security. The study argues that effective teacher protection depends on clear disciplinary procedures, documented interventions, institutional support, and structured mechanisms for addressing parental disputes. The findings imply that schools should establish preventive guidelines, reporting and documentation procedures, institutional assistance for teachers, and restorative pathways for resolving teacher–parent conflicts while safeguarding children’s rights. These practical measures also provide a basis for comparing contemporary school discipline practices with principles of justice, protection, and dispute resolution in Islamic law.
Islamic Legal Principles and Cosmetic Consumer Protection: A Socio-Legal Study of Product Safety in Makassar City Sukma, Melati; Hardin; Ali, Muhammad Ikbal; Syarrifuddin, Sutrisno
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.v7i3.72314

Abstract

The circulation of unsafe cosmetics in Indonesia raises consumer protection concerns that extend beyond regulatory compliance to ethical responsibility and Islamic legal norms. This study examines the protection of cosmetic consumers in Makassar City by analyzing the relationship between Islamic legal principles and Indonesia’s positive consumer protection law, particularly regarding product safety and business responsibility. Employing a socio-legal approach, the study combines normative analysis of consumer protection regulations and Islamic legal principles with empirical data obtained through interviews with the Food and Drug Supervisory Agency (BPOM) concerning cosmetic supervision in Makassar City. Secondary data were collected from legislation, regulatory documents, and relevant scholarly literature. Data processing involved data selection, classification, and systematization according to the research focus, followed by data reduction, data presentation, and conclusion drawing. The findings reveal a gap between the normative guarantee of consumer safety under Law No. 8 of 1999 on Consumer Protection and practices in the cosmetic market, including the circulation of products that fail to meet safety and quality requirements. BPOM evidence also indicates that some products initially subjected to registration and supervision were subsequently adulterated with hazardous substances, including mercury. From an Islamic legal perspective, such practices contravene the principles of justice, honesty, amanah, responsibility, and maslahah, and may constitute contemporary offenses subject to taʿzir. The study argues that positive law and Islamic law provide complementary foundations for consumer protection: positive law establishes enforceable regulatory mechanisms, while Islamic principles reinforce ethical accountability and the protection of life, property, and public welfare.
Ketidakpastian Hukum dalam Warisan Pengganti: Penafsiran Yudisial Pasal 185 KHI dalam Putusan Pengadilan Tinggi Agama Makassar Abdullah, Rahmat; Sultan, Lomba; Asni; Fasai, Samudra
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.v7i3.73121

Abstract

Article 185 of the Indonesian Compilation of Islamic Law (KHI) recognizes descendants of an heir who dies before the decedent as substitute heirs. However, its incomplete regulation concerning the degree of substitution, inheritance shares, evidentiary requirements, and temporal applicability creates legal uncertainty in Islamic inheritance disputes. This study examines the judicial interpretation of Article 185 KHI in Makassar High Religious Court decisions and explores its application from the perspectives of judges and other legal actors. Employing a socio-legal approach, the study combines analysis of statutory provisions and two court decisions—Decision No. 69/Pdt.G/2017/PTA.Mks and Decision No. 047/Pdt.G/2019/PTA.Mks—with interviews involving judges, a court registrar, an academic, an advocate, and religious scholars. Data were analyzed through thematic analysis of interview findings and juridical interpretation of legal materials, supported by maqāṣid al-sharīʿah analysis. The findings demonstrate that substitute heirship under Article 185 KHI is largely constructed through judicial interpretation because the provision does not explicitly regulate the degree and temporal scope of substitution. Decision No. 69/Pdt.G/2017/PTA.Mks reveals uncertainty concerning the degree of substitution, while Decision No. 047/Pdt.G/2019/PTA.Mks concerns the temporal applicability of Article 185 and evidentiary issues relating to inheritance distribution predating the KHI. Interview findings indicate that judicial reasoning relies on nasab, evidence, factual circumstances, and Islamic inheritance principles. The study argues that judicial interpretation is necessary to operationalize substitute heirship but requires clearer normative boundaries to ensure legal certainty and consistency. It contributes to comparative Islamic legal studies by demonstrating the interaction between codified Islamic inheritance norms, judicial practice, and maqāṣid al-sharīʿah.
Antara Fatwa dan Praktik: Menilai Kembali Transaksi Murabahah melalui Maslahah Mursalah dalam Bisnis Independen di Gowa, Indonesia Indy, Andi Indy Ratja; Abdullah, Muhammad Wahyuddin; Masse, Rahman Ambo
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.v7i3.73204

Abstract

Murabahah is commonly associated with Islamic financial institutions, yet its application in independent businesses raises questions concerning the conformity of actual transactional practices with Islamic legal standards. This study examines the implementation of murabahah contracts in an independent business in Gowa, Indonesia, focusing on their conformity with DSN-MUI Fatwa No. 04/DSN-MUI/IV/2000 and the benefits generated from the perspective of maslahah mursalah. This study employs an empirical legal approach with a qualitative design. Primary data were obtained through interviews with parties involved in murabahah transactions, while secondary data consisted of the relevant DSN-MUI fatwa and Islamic legal literature. Data were collected through interviews, direct observation, and documentation, and analyzed thematically by comparing empirical practices with the requirements of the DSN-MUI Fatwa and examining their benefits based on the categories of maslahah mursalah. The findings show that murabahah is practiced through two models: direct murabahah and murabahah combined with wakalah. In general, both models comply with the principal requirements of the DSN-MUI Fatwa concerning procurement, disclosure of acquisition costs and profit margins, mutual agreement, payment terms, and payment mechanisms. However, the wakalah model presents a procedural weakness because purchase receipts are issued in the prospective customer's name, leaving the seller's ownership of the goods less clearly documented. The practice generates predominantly hajiyyah benefits, particularly concerning the preservation of wealth and intellect. The study provides empirical evidence of how DSN-MUI standards operate in non-institutional murabahah practices and identifies ownership documentation in wakalah transactions as an important area for improving Islamic legal compliance.
Rethinking Customary Inheritance through Pappaseng Riolo: Ancestral Wisdom and Inheritance Practices in Soppeng, Indonesia Stang, Rahmat Hidayat; Hidayat, Taufik
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.v7i3.73274

Abstract

Customary inheritance practices among the Bugis community in Soppeng demonstrate a continuing interaction between local norms and Islamic inheritance law. This study examines how Pappaseng Riolo, as a form of ancestral wisdom, shapes the distribution of inheritance through family deliberation and how these practices relate to the normative principles of Islamic inheritance law. Employing a qualitative approach with an Islamic inheritance law perspective, the study draws on in-depth interviews and documentation involving religious leaders, customary leaders, village heads, and community members across five subdistricts in Soppeng Regency. Data were analyzed through data reduction, data display, and conclusion drawing. The findings demonstrate that inheritance distribution under Pappaseng Riolo is characterized by three patterns: equal distribution (1:1), the Qur’anic 2:1 ratio, and distribution without a predetermined ratio. Family deliberation constitutes the central mechanism through which heirs negotiate the distribution by considering their respective circumstances, parental transfers received during the parents’ lifetime, and the consensus reached among family members. The study argues that Pappaseng Riolo does not function as an alternative normative basis for determining inheritance rights but as a cultural mechanism for implementing and contextualizing inheritance distribution within the family. Its compatibility with Islamic inheritance law depends on the absence of coercion, recognition of legitimate heirs, and voluntary agreement among the parties. The study contributes to comparative Islamic legal scholarship by demonstrating that customary and Islamic inheritance norms can coexist through deliberative accommodation without necessarily displacing the normative framework of faraidh. This finding highlights the importance of integrating Islamic inheritance literacy with locally embedded cultural values in customary Muslim communities.
Marine Resource Exploitation and Economic Liability in Islamic Law: Reconstructing Sadd al-Dharā’i (Blocking the Means) and Ḍamān (Liability) in Illegal Fishing Cases Sadam Agusti Dwi Ardiyan; Mujib, M. Misbahul; Novianto, Ilyas
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.v7i3.73400

Abstract

Illegal fishing poses interconnected ecological and economic challenges by depleting marine resources, undermining distributive justice, and compromising the rights of present and future generations. Although prohibited under national and international law, the adequacy of existing legal responses in addressing prevention, economic liability, and ecological harm warrants further analysis from the perspective of Islamic economic law. This study examines how sadd al-dharā’i (blocking the means to harm) and ḍamān (liability and compensation) can be integrated into an Islamic legal framework for addressing illegal fishing. Employing a qualitative normative-juridical method, the study analyzes classical uṣūl al-fiqh, contemporary Islamic criminal law, Islamic economic law, national legislation, and international law of the sea. It also draws on Jasser Auda’s systems approach to maqāṣid al-sharī‘ah to connect preventive legal reasoning with economic accountability and ecological protection. The analysis argues that addressing illegal fishing requires more than punitive sanctions: sadd al-dharā’i provides a normative basis for preventing pathways to ecological and economic harm, while ḍamān offers a framework for examining liability and compensation for resulting losses. These principles complement ta‘zīr sanctions and support a more integrated approach to marine resource governance grounded in distributive justice and public welfare. The study contributes to comparative Islamic legal scholarship by articulating the complementary functions of preventive jurisprudence, criminal sanctions, and economic liability in addressing marine resource exploitation. It also provides a conceptual basis for evaluating fisheries policies through the objectives of Islamic law and the protection of intergenerational resource rights.
Tazkiyat Al Nafs and The Ethical Objectives of Islamic Law: A Maqashid Shariah Reading of Ibn ‘Athaillah Al Sakandari’s Sharh Al Hikam and Taj Al Arus Nur, Rahman; Tajuddin, Muhammad Saleh; Harisah, Afifuddin; Fatah, Muhammad Fauzan Hafiy Bin Abdul
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.v7i3.73265

Abstract

Pride that arises in man is a disease that can damage his heart and morals. Not only accompanied by pride in him but some heart diseases such as showing off and anger are the main diseases that need to be cured in the hearts and souls of people if they want to feel the pleasure of worship. If it is traced from the application of therapy to the following diseases of the soul and heart, then the implementation in treating the following diseases can not be separated from the connotation of the role of Sharia and maqashidnya. However, the concept of maqashid is epistemologically more related to human behavior in deeds, for example, it is to pray in order to prevent immoral acts. If people have prayed with the intention of avoiding immoral acts, then they still carry it out, it means that there is something wrong with the procedure for carrying out their prayers. Here the role of tasawwuf through the study of Psychosufistik Ibn Athaillah in the Book of Tajul Arus and kitab al Hikam. The following two primary sources explain that the virtue of prayer in intending to prevent immoral acts is not only carried out as an obligation but it is necessary to reflect on the contents of the monotheistic sentence spoken in the practice. Through the study of Muslim leaders of the classical era who created the concept of maqashid shariah, namely Imam Syatibi and Shaykh Izzuddin Abdul Aziz Salam explained that the purpose of maqashid shariah in worship is to carry out human obligations to God essentially as a form of obedience. The realization of tazikiyah al nafs against maqashid Sharia is to purify the intention by knowing that worship in Syar'i needs to be carried out not by being understood as an obligation but as a form of purpose in order to revive the essence of worship in batiniyyah. The findings of this study is the nature of worship that is always done by a muslim in general has the same correlation value in tasawwuf. However, on the other hand, the findings of this study is the formation of human characteristics towards a muhsin character to build personal and social benefits ranging from spiritual awareness and guidance from sharia guidelines that have been described in the concept of maqashid Sharia.
Marriage Dispensation and Child Protection in Indonesia: Harmonizing the Sexual Violence Crimes Law with KUA Marriage Registration Aprinda, Ririn; Nasir, Muhammad Alwi; Abrar, Muhammad Yadri
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.v6i3.73517

Abstract

The regulation of marriage dispensation within the Indonesian legal system continues to present implementation challenges, particularly following the enactment of the Minister of Religious Affairs Regulation Number 30 of 2024 concerning Marriage Registration and Law Number 12 of 2022 on the Crime of Sexual Violence. Law Number 16 of 2019 and Supreme Court Regulation Number 5 of 2019 continue to provide legal grounds for granting marriage dispensations through court decisions, whereas Law Number 12 of 2022 prioritizes child protection by prohibiting forced marriage and practices related to child marriage. These differing regulatory orientations place the Office of Religious Affairs (Kantor Urusan Agama KUA) in a dilemma, as it is legally obligated to register marriages based on court-issued dispensation decisions while simultaneously supporting the national policy on child protection. This study aims to analyze the legal framework governing marriage dispensation, examine the normative disharmony between the Minister of Religious Affairs Regulation Number 30 of 2024 and Law Number 12 of 2022, and formulate a regulatory harmonization model capable of ensuring legal certainty for the KUA while strengthening child protection. This study employs a normative legal research method using statutory, conceptual, and legal synchronization approaches. The data were collected through library research and analyzed qualitatively by applying the principles of lex superior derogat legi inferiori, lex specialis derogat legi generali, and legal harmonization. The findings reveal that the issue does not arise from a direct conflict of legal norms but rather from differing policy orientations that create uncertainty in implementation. The KUA is only authorized to register marriages based on court-issued marriage dispensation decisions. Therefore, regulatory harmonization is required through legislative synchronization, standardized criteria for granting marriage dispensations, strengthened inter-agency coordination, and the optimization of the KUA's preventive role to ensure legal certainty and enhance child protection.

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