cover
Contact Name
Arif Rahman
Contact Email
shautunapmh@gmail.com
Phone
+6282343321118
Journal Mail Official
shautunapmh@gmail.com
Editorial Address
https://journal.uin-alauddin.ac.id/index.php/shautuna/editorialteam
Location
Kab. gowa,
Sulawesi selatan
INDONESIA
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
ISSN : -     EISSN : 27750477     DOI : https://doi.org/10.24252/shautuna.v2i3
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.
Articles 351 Documents
Pemilihan Pemimpin Non-Muslim di Wilayah Mayoritas Muslim Perspektif Nahdatul Ulama dan Mummadiyah Muhammad Wildan; Muammar Bakry
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum SEPTEMBER
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v2i3.21282

Abstract

This article discusses non-Muslim leaders in the region choosing Muslims from the views of Nahdlatul Ulama and Muhammadiyah. The formulation of the problem to be answered in this study is What is the leadership succession procedure in Islam? (2) What is the fiqh view of non-Muslim leadership? (3) What is the view of the Islamic community organizations Nahdlatul Ulama and Muhammadiyah on the law of choosing non-Muslim leaders in Muslim-majority areas?The type of research used by the author is library research which is guided by data processing and is also obtained from various literature related to the title of this article which is sourced from primary data and secondary data. The research approach used is a political approach. The results of this study indicate that the leadership succession procedure in Islam there is no standard and standard procedure set by the Al-Qur'an and Hadith, but the jumhur of ulama agrees that leaders in Islam are chosen in two ways, namely appointed by ahlul halli wal aq in the election committee and appointed by the previous leader. The majority of fiqh scholars view that non-Muslim leadership in Muslim-majority areas is not allowed because their leadership is not valid according to Islamic sharia, unless these non-Muslim leaders lead and control in non-Muslim-majority areas. Meanwhile, in the view of Nahdlatul Ulama and Muhammadiyah regarding the law of choosing non-Muslim leaders, there is already a fatwa stipulation from the two organizations that it is haram to choose non-Muslim leaders but Nahdlatul Ulama provides a little leeway by exempting in an emergency.Keywords: Non-Muslim Leaders, Succession, Nahdlatul Ulama, Muhammadiyah 
Tradisi Je’ne-Je’ne Sappara Di Desa Balangloe Kecamatan Tarowang Kabupaten Jeneponto Perspektif Hukum Islam Irsan R; Abdul Halim Talli
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum SEPTEMBER
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v2i3.21315

Abstract

The aims of this study are: (i) to find out how the local community views the Je'ne-Je'ne Sappara tradition. (i) From this study, we can find out how the views of Islamic law are on the Je'ne-Je'ne Sappara traditional ceremony in Balangloe village, Tarowang sub-district, Jeneponto district. The type of this research is classified as field research or field research that is descriptive in nature with the research approach used: the syar'i approach, and the social/sociological approach. namely, observation, interviews, and documentation. The results of the study will produce the following: (1) The je'ne-je'ne sappara tradition procession is carried out in the month of safar, which is when you enter 7 trips to 14 trips every year. It is held on the seaside of the village of Balagloe Tarowang for 7 days and 6 nights. (2) The people of Balagloe Tarowang strongly adhere to the traditions of their ancestors, people believe that when they do not carry out the tradition, they will get reinforcements or disaster, this act has violated Islamic law because they believe in something outside the provisions of Allah swt.Keywords: Tradition; Sappara; Islamic Law
Kewajiban Nafkah Suami Narapidana; Studi Kompratif Imam al-Syafi’i dan Imam Abu Hanifah Firdaus Firdaus; Saleh Ridwan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum SEPTEMBER
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v2i3.21333

Abstract

The subject of this research is the obligation to provide for the husband of the convicted husband. Nafkah is an obligation that must be carried out by a husband to his wife in a material form, because the word nafkah itself has a material connotation. Meanwhile, obligations in non-material forms, such as satisfying a wife's sexual desires, are not included in the definition of a living, even though they are carried out by the husband to his wife. This research aims to find out how the obligation to support the husband who is convicted. The stipulation on the amount of income of the convicted husband, takes into account the rich and poor conditions of the husband. Each husband of the convicted person provided a living based on his ability. If the husband who is convicted is a capable person, the income he has to give to his wife is in accordance with his abilities, namely as much as possible to provide the best living for his wife, but still within the level of his ability. And for prisoners who are unable or have a difficult economic life, the minimum income limit for their wives is as much as a person's body cannot stand upright if he is fed less than that.Keywords: Obligations; Living; Husband; Convict
Tradisi Assuro Maca dalam Masyarakat di Kabupaten Gowa; Analisis Hukum Islam Ibrahim Ibrahim; Zulhas’ari Mustafa
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum SEPTEMBER
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v2i3.21354

Abstract

The main problem of this research is how is the process of acculturation between Assuro Maca and the teachings of Islamic law? What is the process of implementing Assuro Maca in Tanakaraeng Village? How do people view the Assuro Maca tradition? The type of research used is field research or Field Research, namely the author conducts research directly to the location and at the same time the researcher is directly involved with the object studied in the study, this type of research is descriptive qualitative, namely, the research is intended to understand phenomena or events regarding the traditions carried out by Research subjects produce descriptive data in the form of verbal information from several people who are considered more knowledgeable, as well as the behavior and objects observed. The results of this study indicate that the Assuro Maca tradition is one of a series of events that should not be missed, this is a tradition that cannot be denied that it is a cultural product created by Muslims themselves, while the others have no clear origin but all of them. rooted in Islam. This event is carried out as a form of gratitude to Allah SWT for His grace and blessings so that our sustenance will be smooth and never broken, and that's why this tradition also encourages prayer and asks for protection and safety in the world in the hereafter. The implication of this research is to explain the cultural values contained in the process of the Assuro Maca tradition to the people in the village of Tanakaraeng ke. Manuju District. Gowa
Sertifikat Pranikah Sebagai Syarat Pernikahan di KUA Minasatene; Analisis Hukum Islam Muhammad Muashir Fadhil Ramadhan; A. Intan Cahyani
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum SEPTEMBER
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v2i3.21379

Abstract

Artikel ini membahas mengenai “Sertifikat Pranikah Sebagai Syarat Perniakahan Dalam Tinjauan Hukum Islam”. Adapun Pokok permasalahan pada artikel ini adalah 1) Bagaimana urgensi sertifikat pranikah di KUA kecamatan minasate’ne kabupaten pangkep? 2) Bagaimana perkawinan yang berkah dalam hukum islam? 3) Bagaimana aspek kemaslahatan sertifikat pranikah dalam hukum Islam? Artikel ini adalah artikel kualiatif dengan pendekatan artikel yang digunakan adalah pendekatan manajemen. Sumber data dari artikel ini adalah sumber data primer dan sumber data sekunder. Selanjutnya metode pengumpulan data yang digunakan adalah observasi, wawancara, dan dokumentasi. Metode analisis data melalui tiga tahapan, yaitu: reduksi kata, penyajian data, dan penarikan kesimpulan atau verifikasi. Hasil dari artikel ini menujukkan bahwa Sertifikat pranikah sebagai syarat pernikahan dalam hukum islam memandang sah atau tidaknya tergantung syarat dan rukunnya. Tidak ada pertentangan antara sertifikat pranikah dan hukum islam. Aatara hukum islam dengan sertifikat pranikah ada dua hal yang menyatu dalam hal pernikahan, harus didukung dengan niat yang benar karna dalam segala sesuatu dalam syariat islam itu tergantung dalam niatnya. Implementasi dari artikel ini, Sertifikat pranikah ini seharusnya sudah menjadi program kerja bagi seluruh KUA dan menjadi ketentuan wajib bagi seluruh calon pengantin yang ingin menikah. Karna di sana setiap calon pengantin bisa mendapat pengalaman atau saran-saran sebelum melangsungkan pernikahan 
Tradisi A’matoang Pasca Pernikahan di Kecamatan Binamu Kabupaten Jeneponto; Analisis Hukum Islam Muh Arya Pratama; Arif Rahman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum SEPTEMBER
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v2i3.21390

Abstract

The main problem in this research is related to the post-msrriage tradition of a’matoang which is still maintained today. This type of research is field research (field research) which is raised from the observation of social facts which is studied using a normative or syar'i theological approach and a sociological approach. The research data sources were obtained from the community and local community leaders. The method used in this research is direct observation and information gathering through interviews and is supported by reference studies related to the tradition of a'matoang after marriage in Binamu District, Jeneponto Regency. Data processing techniques performed in the from of data reduction filtering important information related to the object of research, presenting research data and drawing conclusions. The results of this study indicate that the people in Binamu District, Jeneponto Regency still maintain the tradition of a'matoang after marriage. However, based on the viewpoint of Islamic law, the a’matoang tradition dies not have an element of associating partners with Allah because its purpose is only as a a symbol to maintain and strengthen kinship ties that are solely due to Allah, so that wiil be an act that is also blessed by Allah SWT. The implications of this research include: 1) For the people of Binamu District, Jeneponto Regency who still maintain the ancestral and sacred values of a'matoang so that they are maintained but in a reasonable context and do not deviate from Islamic teachings and if this culture results in more harm. great for the doer, then let it be abandoned; 2) The a’matoang tradition that is carried out after this marriage is expected not only as a form of showing off or being proud of others but with a sacred purpose, namely to glorify and respect the groom's family and to hope for the pleasure of Allah to have a sakinah mawadah household warahmah
Peranan Visum Et Repertum dalam Mengungkap Tindak Pidana Pembunuhan Perspektif Hukum Islam di Pengadilan Negeri Sungguminasa Nur Ahmad U; Kasjim Salenda
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum SEPTEMBER
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v2i3.21462

Abstract

The main problem of this research is related to the role of Visum Et Repertum in uncovering the crime of murder. Islamic Law Perspective Case Study Number 438/Pid. b/ 2020/ PN. Sungguminasa. To answer these problems, the authors use a methodology, namely: 1) Interviews with judges who handle cases described in the background. 2) Data analysis, namely the author uses qualitative data analysis, in which the author uses qualitative descriptive. The results of the study are that although it is not absolute that there is a visum et revertum in proving criminal cases, but to strengthen the judge's confidence, so that visum et revertum should always exist, especially criminal acts whose object is the human body, and visum et repertum is a piece of evidence which is not binding on judges, so that the visum et repertum is only a complementary evidence. However, in certain cases where the available evidence is minimal or lacking, visum et repertum is the main evidence that must be used as a basis by the judge. So that the visum et repertum can also be used as evidence that is binding and has legal force so that the visum et repertum issued by a team of expert doctors is a necessity, especially regarding cases of murder crimes. The position of visum et repertum in Islamic law is as the application of ijtihad for judges to obtain truth and justice, namely as evidence, precisely as written evidence or in Islam known as al-bayyinah because it can create benefit for mankind.Keywords: Visum Et Repertum; Cases of Murder; Islamic Law
Tindakan Bullying di Media Sosial; Komparasi Hukum Pidana Islam dan Undang-Undang Nomor 19 Tahun 2016 Tentang ITE Hasriani Hasir; Sohrah Sohrah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum SEPTEMBER
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v2i3.21577

Abstract

The focus of this study: (1) How to form acts of bullying on social media. (2) What is the view of Islamic Law towards acts of bullying on social media. (3) How to sanction acts of bullying in social media according to Law No.19 of 2016 concerning Information and Electronic Transactions. This type of research is a type of literature research, the method used is to use normative theological approach (Islamic Law), normative juridical approach (Law), sociological approach, and comparative approach(comparison). The data sources used are primary data sources, secondary data sources, and tertiary data sources. The data used comes from the prevailing laws and regulations, both from Islamic law and positive law. Cyber Bullying is an act of humiliation, intimidation, psychic violence committed by a person, group or institution through social media against people, groups or other institutions. Sometimes the perpetrator of bullying also makes the victim helpless and can even take the victim's life. The regulation of Bullying Act is stipulated in Law No. 19 of 2016 to ensnare the perpetrators.  Although the description of the word Cyber bullying itself has not set about Cyber Bullying and only a few parts that include the type of Cyber Bullying that is, defamation, threats / intimidation, fake news, slander, spreading hatred and hostility. In Islamic Law the act of Cyber Bullying is very clearly prohibited because it includes mistreating or hurting others. Which is not in accordance with the guidance of Syara' that Islam is a religion that highly upholds the honor for each uamtnya, but for the sanctions have not been specifically in nash but the crime of Cyber Bullying is included in the realm of Jarimah Ta'zir
Pernikahan Terpaksa di Era Milineal Perspektif Ulama Mazhab; Studi Kasus di Kecamatan Sinjai Timur Lukman Arake; Ikrawati Nur
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab SEPTEMBER
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v2i3.21593

Abstract

The purpose of this study is to find out how forced marriage is in the millennial era from the perspective of mazhab scholars (a case study in the eastern Sinjai sub-district)? 1) What are the implications of marriage? 2) What are the impacts of forced marriage for forced married couples? 3) What are the views of the mazhab scholars on forced marriages that occurred in the East Sinjai sub-district? In the problem above the author using a normative theological approach (Islamic law) and a sociological approach. This research is classified as Field Research using a qualitative approach that focuses on the practice of forced marriage in the eastern Sinjai sub-district, the data used by the author is taken from the results of observations and interviews using the collection method according to the classification. The results of this study show the conclusion that can be drawn from the results of this study is where a child can choose his own life partner, parents only have to act as advisers to say what is good and what is not. Any risk that will occur in the future for the marriage that occurs is already a consequence that must be borne by the child. Even if you have to be forced to marry, give a logical reason. The factors causing the practice of forced marriage are: Reply Factors, Economic Factors, Religious Factors, Educational Factors
Laki-laki dan Kesetaraan Gender Pada Organisasi Solidaritas Perempuan Komunitas Anging Mammiri Sulawesi Selatan; Perspektif Hukum Islam Muh Faizal P; Muhammad Sabir
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum SEPTEMBER
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v2i3.21887

Abstract

The main problems in this research are: (1). What are the views of feminist men in the Women's Solidarity Organization for the Anging Mamiri Community on the issue of gender equality? (2). What are the forms of the women's feminist movement in the Anging Mammiri Community Women's Solidarity Organization on the issue of gender equality? The objectives of this study are (1). Knowing the mindset and point of view of men and women in Makassar. (2). Describe the activities and roles of feminist men in Makassar in gender problems in the life of the people of Makassar.This type of research is descriptive qualitative research with the research approach used is the Normative Sociology Approach and Historical Approach. The data sources of this research are primary data sources and secondary data sources. Furthermore, the data method used is the method of observation, interviews and documentation. Data processing and analysis techniques are processed in three stages, namely: data reduction, data presentation, and leveraging / drawing conclusions. The results of this study are: Men who have a feminist perspective view that the issue of gender equality is not only a problem involving women. More than that, this issue of equality in the global community because in practice it needs support and support from men because equality of speaking between relations between two sexes is different. The issue of gender equality exists because of a culture of male domination which is commonly referred to as a patriarchal culture. The gender equality movement carried out by feminist men in the Solidaritas Perempuan Anging Mammiri Community, South Sulawesi, implements programs within the organization. They also conduct regular reviews on gender equality issues published in Makassar so that they can take a little role for gender equality. They also began to apply equality in their own family roles. Thus they hope that this knowledge of gender equality can be widely practiced and initiated by members of their own families

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