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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 21 Documents
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Search results for , issue "volume 4 issue 1, january 2023" : 21 Documents clear
Analisis ‘Urf Terhadap Tradisi Naung Ri Ere Sebagai Kepercayaan Tolak Bala Pasca Pernikahan: Studi Kasus di Manipi Kecamatan Sinjai Barat Kabupaten Sinjai Amalia, Putri; Abdul Qayyum, Abdul Rahman Hi.
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.30264

Abstract

This study entitled "Urf's analysis of the factors causing the Naung Ri Ere tradition which is considered a belief in rejecting post-wedding (case study in Manipi, West Sinjai District, Sinjai Regency)" suggests several problem formulations, namely: 1). How is the process of implementing the Naung Ri Ere tradition in the community in Manipi, West Sinjai District, Sinjai Regency? 2). How is 'Urf's analysis of the factors causing the Naung Ri Ere tradition which is considered a belief in rejecting post-wedding reinforcements in the community in Manipi, West Sinjai District, Sinjai Regency? The results of this study indicate that the implementation of the Naung Ri Ere tradition is carried out in a place or river by placing offerings, reading prayers, sinking something into the water, bathing the newlyweds, and reading congratulations when returning home. The factors that influence why Naung Ri Ere is considered a belief in rejecting reinforcements a. Believing that those who do not follow the Naung Ri Ere tradition will experience misfortune and distress. b. Naung Ri Ere has always been carried out by the ancestors when the custom first entered Manipi. So it was believed from a long time ago that Naung ri Ere brings happiness to newlywed couples.
Penyelesaian Sengketa Perjanjian Pembiayaan Layanan Kredit Digital (PayLater) Akibat Wanprestasi: Analisis Mazhab Fikih dan Hukum Positif Sukma, Melati; Wijaya, Abdi; Sofyan, Sofyan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.30571

Abstract

The purpose of this study is to determine the legal position of the digital credit service financing agreement (PayLater) according to the fiqh school, to determine the legal position of the digital credit service financing agreement (PayLater) according to positive law. To find out how to resolve disputes over digital credit service financing agreements (PayLater) due to default. In answering these problems, the author uses normative (syar'i) and juridical theology. This research is classified as library research (library research), data collected using library data in the form of books, journals, articles in both electronic media and print media as data, then analyzes the contents of the literature relating to the problems discussed, then reviews and The results of this study show that the scholars of the madhhab agree that in this transaction it is not allowed to qardh which aims to bring profit to the borrower. Meanwhile, according to positive law, the position of debt and receivables is explained in OJK Regulation Number 77/POJK.07/2016 concerning Information Technology-Based Money Loan Services which regulates the implementation of Fintech peer to peer lending (P2PL) as business actors who pay attention to the form of registration and licensing of the organizing institution, future governance and risk management and periodic reports to the OJK as well as a form of education to consumers regarding legal protection. And based on the positive law that applies in Indonesia, there are two routes that can be used in dispute resolution, namely the litigation route and the non-litigation route. In dispute resolution carried out by the lender and the loan recipient, they do not choose to use dispute resolution methods with these channels, but the lender and loan recipient prefer to carry out internal settlements, and provide administrative sanctions for defaulters.
Persepsi Mahasiswa dalam Moderasi Beragama dan Relevansinya dengan Konsep Wasatha pada Mahasiswa UIN Alauddin Makassar Tawakkal, Safira; Puyu, Darsul S.; Lewa, Irfan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.30637

Abstract

This research discusses how the perception of students in religious moderation and its relevance to the concept of wasatha (Case Study of Comparative Schools and Law Students at UIN Alauddin Makassar). This type of research is classified as qualitative with a social approach. The data sources for this research are primary and secondary data. The results of this study indicate that: 1) Religious moderation is a bridge for people to respect each other in a life that is colored by differences. Religious moderation is not a way to create a new understanding for the most correct, the presence of religious moderation in the midst of diversity is a way that needs to be implemented at the campus world level. 2) Students of Comparative School and Law slowly accept differences in the campus environment for the sake of mutual harmony. With this, slowly the aspiration of the Chancellor of UIN Alauddin Makassar is realized, although a small portion still does not act wasatha but this is not seen in the campus environment, what is seen is the majority of students who act wasatha and understand the meaning of religious moderation. 3) The implementation of student attitudes tends to implement the values of religious moderation through behavior and attitudes by respecting each other and impartially so that there is no impartial treatment. The attitude of students is also silent with a sign of respect for people to look for sources of understanding so that they do not immediately follow and indirectly justify that the understanding is correct and must be followed. PTKIN has a duty to instill the value of moderation in its students in order to form a tolerant character.
Etika Jasa Endorsement di Media Sosial: Studi Komparatif Mazhab Al-Syafi’i dan Mazhab Maliki St. Mutmainna; Rahman, Arif
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.30781

Abstract

This research is entitled "Review of Islamic Law on Endorsement Services in Social Media (The Views of the Imams of the Al-Syafiiyyah and Al-Malikiyyah Schools, the problem is divided into several sub-problems, namely: 1) How is the Review of Islamic Law on Endorsement Services in Social Media and the main The problem in my research is how to review Islamic law on endorsement services on social media. 2) What are the views of Imam al-Malikiyyah and al-Malikiyyah. And the main problem is divided into sub-problems, how is the review of Islamic law on endorsement services on social media?, and what are the views of the imams of the madzhab al-Syafi'iiyah and al-Malikiyyah on the ethics of endorsement in social media? type of qualitative research (Library Research). Data sources use primary and secondary data sources where primary data uses the Qur'an and hadith while secondary data uses literature such as books, scientific journals in the form of theses, theses, information data and websites and uses a comparative normative approach in analyzing data. using content analysis or content analysis and drawing conclusions using the deductive method of drawing conclusions, namely taking something that is general in nature and drawn to a specific conception. The results of this study indicate that endorsement in an Islamic perspective is a form of mu'amalah that is justified, as long as all transactions are protected from prohibited things by sharia provisions, "Basically all forms of mu'amalah are permissible unless there is evidence that forbids it." in the form of muamalah based on high moral values in Islam, namely: Siddiq (true and honest), Amanah (trusted, credible), Fathanah (intelligent), Tabligh (communicative). There are still many deviant behaviors that are carried out by Endorsement Service users on Social Media. Endorsement Ethics in advertising Products that are not based on Islamic provisions, namely in terms of the goods endorsed. Thus, endorsement of Islam is a concept that strongly emphasizes moral and ethical values, no matter what religion. Because moral and ethical values are universal values, which are taught by all religions. The first two components, aqidah and morals (morals, ethics) are constant, both of which do not experience any change with the difference in time and place. While sharia is always changing according to the needs and levels of human differences, which are different.
Mekanisme Titip Gadai Elektronik (HP) pada Titip Gadai Bursa Phone Pallangga, Gowa Sulawesi Selatan: Telaah Pemikiran Abu Hanifah Putra, Andri Setia; Amir, Rahma
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.30811

Abstract

The main problem of this research is related to the Review of Islamic Law on the Process of Electronic Pawn Delivery (HP) Mechanism: Abu Hanifah's Thought Study (Bursha Phone Pallangga Pawn Tip Study, Gowa, South Sulawesi). The type of research carried out is field research that departs from observation and discovery of social facts that are studied using a statutory approach (statute approach). The results of this study show that the mechanism of pawning in Bursphone is the determination of the price of mortgaged goods determined by market prices, when there has been an agreement between the store owner and the customer will be given an agreement to return the money every one week gradually, and when customers who are due date and have not been able to redeem the mortgaged goods, The company will confirm to the customer and will give time with a period of 3 days. However, if the customer requests an extended ransom time, the store owner will still provide relief to the customer to extend the redemption time, but if the time requested by the customer still exceeds the given time limit, the customer's goods will become the sole property of the store owner. The pawn company Bursa Phone located in Pallangga, Gowa Regency, can be said to have met the requirements of pawnshops in Indonesia, because, in addition to paying attention to the benefits of the shop owner, it also does not forget to pay attention to the ability of customers related to the redemption of their goods by providing relief in the form of additional redemption time. Likewise, when viewed from the problems of Islamic law, this company has also fulfilled the requirements of Islamic law in carrying out its pawn mechanism, starting from the conditions, to the form of application carried out by shop owners, because in fact, pawn companies only want to ease the burden on the ummah by not ruling out the problem of agreements that have been made by the company.
Akad Jual Beli Saham Lewat Online Studi Komparatif Ulama Mazhab Syafi’i dan Dewan Syariah Nasional Safri, Muhammad; Has, Nisaul Haq Bintu
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.30913

Abstract

This article aims to find out the contracts used in general stock buying and selling transactions and buying and selling contracts through online media according to the views of the scholars of the Shafi'i school and the views of the National Sharia Council. The type of research in this article is library research, the approach used is a normative-juridical approach. In conducting stock buying and selling transactions online, there are parties who make transactions even though they do not know each other, and in the transaction there is no sale and purchase contract except only in an agreement on the amount to be purchased and the price offere. In the view of the Shafi'i school, buying and selling transactions must meet the elements of the pillars, one of which is the existence of sighat between the seller and the buyer. However, there are also scholars of the Shafi'i school that still allow buying and selling transactions even though there is no sighat in them based on the urf that has been applied in society. Meanwhile, the National Sharia Council in its fatwa allows the public to carry out share buying and selling transactions because shares are a form of cooperation between one party and another in terms of seeking mutual benefits
Ganti Rugi Akibat Klausula “Memecahkan Berarti Membeli” di PT. Alaska Mandiri Cemerlang Kota Makassar: Studi Komparatif Mazhab al-Syafi’i dan Mazhab Hambali Ramdani, Rinto; Asti, Mulham Jaki
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.30962

Abstract

This research is entitled "Comparative Study of the Syafi'i School with the Hambali School of Compensation Due to the "Solving Means Buying" Clause (Case Study of PT Alaska Mandiri Cemerlang Makassar City)", The problem is divided into several sub-problems, namely: 1) How is the problem solving process if there is an accidental breakdown of goods due to standard clauses in the perspective of the Shafi'i school and the Hambali school? 2) How do the views of the Shafi'i and Hambali schools compare regarding compensation due to the clause "to solve means to buy." The results of this study indicate that: 1) At PT Alaska Mandiri Cemerlang Makassar City in the application of the standard clause "Solving Means Buying" has been very good because all parties from Managers, employees, security and others provide good service to consumers who come shopping, when there are consumers who accidentally damage goods, then PT Alaska Mandiri Cemerlang Makassar City will provide a good explanation and understanding so that consumers can accept them well, admit their mistakes and be responsible for their mistakes by compensating for the goods that have been damaged, 2) Compensation in the standard clause “to solve means to buy” at PT Alaska Mandiri Cahaya, Makassar City, is said to be valid in the view of the Syafi'i and Hambali schools because the pillars and conditions have been fulfilled. The Shafi'i School and the Hambali School both agree that when someone damages someone else's property, they are obliged to compensate if they do not compensate it will be worth a sin for him.
Perlindungan Hukum terhadap Tanah Waris Yang Disengketakan di Desa Tugondeng Kecamatan Herlang Kabupaten Bulukumba: Studi Komparasi Hukum Positif dan Hukum Islam Juliana; Supardin; Anis, Muhammad
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.31040

Abstract

Parole is the process of fostering convicts and criminal children outside the Correctional Institution after serving at least 2/3 (two thirds) of their minimum sentence of 9 (nine) months (Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number M.2.Pk.04 -10 of 2007) article 1 paragraph 2. The granting of parole is one of the legal means in the context of realizing the goals of the correctional system. The right of inmates to obtain parole is regulated in the provisions of Article 14 letter k of the Correctional Law. Narkoba is an abbreviation of narcotics and drugs/dangerous substances. In addition to narcotics, another term introduced especially the Ministry of Health of the Republic of Indonesia is narcotics which stands for narcotics, psychotropics, and addictive. This type of research is library research. Broadly speaking, the approach used by the authors in this thesis is a sociological, historical, and anthropological approach. The data collection techniques used in obtaining the necessary information related to the problem under study are: Literature Study, is a data collection technique by reading literature books and literatures that can be used as guidelines or data sources in making this thesis. The literature study includes: 1.) Primary data, 2.) Secondary data. The purpose of this study is to analyze analytically how to parole narcotics convicts from both Positive Law and the Hanafi School of Law. Karen has now been shown how the life and fate of convicts in narcotics cases is uncertain, sometimes they are discriminated against by the social community. Become new insights and ideas about how to parole narcotics cases. The results of this study. If no qhoth'I arguments are found either in the Qur'an or in the Hadith whose validity is not in doubt, Imam Abu Hanafiah will determine the law based on Ra'yu. Imam Abu Hanafiah was influenced by legal developments in Kufa which was located far from Mandinah as the city where the Prophet Muhammad lived. So Imam Abu Hanafiah through his legal terms views narcotics as khamr or anything that is categorized as intoxicating and forbidden through the Qiyas approach.
Kesaksian Perempuan dalam Tindak Pidana Pembunuhan: Studi Perbandingan Mazhab al-Syafi’i dan Mazhab Zahiri Ramadani, Siti Makhfirah; Erlina, Erlina
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.31176

Abstract

The main problem in this study is How Women's Testimony in the Case of the Crime of Murder (Comparative Study of the Syafi'i School and the Zahiri School)¸ which is formulated into several problem formulations as follows 1). What is the position of women in Islam, and 2). What are the views of the Shafi'i and Zahir schools regarding the testimony of women in the crime of murder. To answer the main problems above, a research is used in the form of Library Research, using sharia normative and conceptual research. The legal materials used are primary legal materials and secondary legal materials. In this thesis, data collection methods are used by means of identification, namely grouping data or searching for materials. The literature according to the title of the study, data reduction in this case selects and sorts data that is relevant to the discussion. The results of this study explain that the testimony of women in the crime of murder, namely the Syafi'I School believes that women should not be witnesses in the crime of murder. Meanwhile, the Zahiri School allows the testimony of women in the crime of murder. From the analysis of these two schools, I choose the opinion of the Zahiri School which allows women's testimony in cases of murder crimes because the law of carrying out testimony in Islam is fardu kifayah, including testimonies by women. the reality now is that the role of women is almost equal to the role of men, in almost all fields, because women also have almost the same access as men, where women are now public leaders, even presidents. By following the times, women should be equal with men before the law, including in their position as witnesses in all cases, both Muamalat, Munakahat, and Jinayat specifically in the field of Hudud and Qisas. With the provision of one male witness with two female witnesses who are just or four female witnesses who are just. Because the thing called jinayah must often happen around us, or we ourselves have experienced it, so that we can decide things according to what has been determined by Allah SWT.
Pemahaman Guru Fikih terhadap Talfiq Al-Mazhab dalam Pelaksanaan Shalat di Pondok Pesantren Modern Rahmatul Asri Nurhajrahwati; Bakry, Muammar
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 1, JANUARY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.32036

Abstract

This paper aims to discuss the analysis of talfiq al-Mazhab for the implementation of prayer and ablution, this study uses a descriptive (qualitative) field study. The results of this study indicate that: in the implementation of worship there is no problem with talfiq (mixing one school with another in the case of worship). religion, especially in terms of worship), but when performing a prayer service using the Shafi'I School and when performing ablution using the Hanafi School, the talfiq issue is not a problem. So, in the fiqh teacher's understanding of talfiq al-Mazhab in the implementation of prayer and ablution at the Rahmatul Asri Modern Islamic Boarding School, it is "allowed". The application of schools of thought at the Rahmatul Asri Modern Islamic Boarding School in general in carrying out their worship using the Syafi'i School does not mean that they are fanatical in one school only and follow those in accordance with the Qur'an and As-Sunnah. However, in the fiqh approach, the teachers at the Rahmatul Asri Modern Islamic Boarding School, for example, in establishing an Islamic law, especially in the implementation of Worship, are of course all the opinions of the four schools of thought.

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