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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 351 Documents
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Fenomena Praktik Ibadah Haji Secara Virtual Melalui Teknologi Metaverse: Perspektif Ulama Kontemporer Abdillah; Fahri, Dandy Syaiful
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.32581

Abstract

Artikel ini membahas tentang fenomena praktik ibadah haji secara virtual melalui teknologi metaverse (perspektif ulama kontemporer. Kemudian jenis penelitian ini menggunakan jenis penelitian kualitatif dengan metode library research yang mengambil dari buku jurnal dan buku-buku lainya atau yang kita kenal dengan jenis penelitian kualitatif deskriptif. Pendekatan penelitian ini adalah pendekatan syar’i dan sosiologis. Sumber data penelitian ini adalah sumber primer berupa ayat al-Qur’an, Hadis, Pandangan Ulama Kontemporer. Sedangkan sumber data sekunder berupa buku, jurnal, dan artikel. Hasil dari penelitian ini menunjukan bahwa pandangan para ulama kontemporer terhadap praktik ibadah haji secara virtual melalui teknologi metaverse ialah semuanya mengatakan tidak sah haji nya dan tidak ada dalil yang menyebutkan haji metaverse sah akan tetapi para ulama kontemporer bersepakat bahwa haji metaverse cocok untuk digunakan sebagai edukasi untuk latihan manasik haji bagi calon jamaah haji, karena pada dasarnya dan sudah pasti haji metaverse itu tidak sah hajinya dan ulama kontemporer lebih sepakat ke arah edukasi untuk persoalan fenomena haji metaverse ini.
Diskrepansi Sanksi Adat terhadap Pelaku Tindak Pidana Pencurian Menurut Tokoh Adat dan Tokoh Agama Asnawi, M. Halim; Hadi, Sutrisno
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.33418

Abstract

This article discusses the discrepancy of customary sanctions that occur to perpetrators of the crime of theft by taking the point of view of the opinions of traditional leaders and religious leaders. This research was conducted in Manggar Raya Village, Banyuasin. This research is a type of field research research by making the results of interviews as primary data sources and books, journals, theses and articles as secondary data sources. This article is arranged systematically according to a series of events that occur collectively and deductively. Based on the results of research and discussion of the discrepancy of customary sanctions against perpetrators of the crime of theft, it is true. In the 1989 incident, the perpetrator was sentenced to half-body burying, the 2014 incident was sentenced to drag from the upstream and downstream of the village, and in the 2019 incident the perpetrator was sentenced to 5 years of exile. However, in its application it is not in accordance with what has been agreed upon and causes unrest in some people. According to traditional leaders and religious leaders, the discrepancy in customary sanctions was caused by several factors, namely the emotional level of the residents of Manggar Raya Village, the number of people belonging to the lack of understanding of the law, kinship and the perpetrators of theft disobeyed the agreed sanctions or the perpetrators of theft rebelled when the sanctions were imposed applied.
Studi Perbandingan Hukum Pidana Islam dan Hukum Positif Terhadap Politik Uang dalam Pemilihan Umum (Pemilu) Isma, Isma; Idrus, Achmad Musyahid
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.26944

Abstract

This study analyzes the comparison of Islamic criminal law and positive law on money politics in general elections (elections). This research is expected to provide benefits both scientifically in the study of legal science, as well as practically and academically, that is, it can be used as input for writers, those who have a desire to know how the practice of illegal voting in elections and what the similarities and differences in politics look like. money according to Islamic law and positive law. The research method used in this study is a library research method that is juridical normative, namely research that refers to legal norms that exist in legislation, literature, expert opinions, papers. The laws used in this research are Law No. 10 of 2001 and the Anti-Corruption Law.
Analisis Tabarruj Terhadap Profesi Model Muslimah: Studi Komparatif Ulama Klasik dan Ulama Kontemporer Angraeni, Tri; Aisyah, Siti
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.29871

Abstract

The profession of a model requires discipline, commitment, responsibility and perseverance and totality. Some people think it's possible for a woman to wear a hijab to become a model and walk on the catwalk. While some people argue that women who wear hijab should not be models because it is against religious rules. The methodology used in this study uses a descriptive qualitative research type. The data sources use primary and secondary data sources where primary data uses the holy book of the Qur'an and hadith while secondary data uses literature such as books, journals, scientific works in the form of theses, theses. The results of this study indicate that the activities of the Muslim model profession which are included in tabarruj behavior include: catwalk models, photo models, and advertising models. In practice, the Muslim model shows the beauty of her body, wears a camel's hump bun, is excessively decorated, softens her voice, performs ikhtilat, and poses by revealing her curves. This activity is nothing but tabarruj behavior. The classical Ulama's view recommends that women should stay at home, except in an emergency/urgent situation, they are allowed to leave the house, but pay attention not to be excessively ornate. Meanwhile, the views of contemporary scholars have an attitude of tolerance, but that means there is no prohibition.
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.
Praktik Endorsement Sebagai Strategi Pemasaran Perspektif Mazhab al-Syafi'i Mutmainnah M; Jamil
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 4 ISSUE 2, MAY 2023
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.vi.30821

Abstract

This article aims to find out the implementation of endorsement practices as a marketing strategy, and to understand the perspective of the Syafi'i school on the implementation of endorsement practices as a marketing strategy. The research method that the author does is qualitative research, namely by using library research (Library Research) while the approach used is descriptive and syar'i. Qualitative research is research that is used to investigate, find, describe, and explain the quality or features of social influences that cannot be explained, measured or described through a quantitative approach. the implementation of this endorsement practice is carried out by providing information on an item or product through social media carried out by a public figure. Based on the results of this study indicate that the marketing strategy through endorsement according to Imam Syafi'i can be used as long as it is in accordance with the contract in the sale and purchase and no losses are incurred. In this contemporary era, everything will switch to the world of technology or digital and all possibilities will happen, including strategies in marketing products that will follow the times and will bring creativity in trading electronically. This era has been read by Imam Shafi'i, therefore the Shafi'i school explains that as long as it does not eliminate the rights and obligations of the sale and purchase contract, it is permissible.

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