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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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Hikmah Pensyariatan Hukum (Tasyrī’) pada Aspek Ayat Pidana: Studi Pemikiran Hasbi Ash-Shiddieqy Ariani, Dina; Hadi, Sutrisno
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.37048

Abstract

The background of this research is because there are still many negative perceptions of the provisions of the Qur'an in the criminal field, which is mainly due to incomprehension of the wisdom of legal law in these verses. The purpose of the study was to comprehensively analyze Teungku Hasbi's exposure and thoughts in Tafsir an-Nūr regarding the wisdom of tasyrī' on several aspects of criminal law verses, namely adultery, qażf, drinking khamr, theft, muḥārabah, and al-baghyu. The choice of tafsir an-Nūr itself as the object of study is based on the author's expertise in the field of tafsir, the important position of this tafsir in the treasures of tafsir in Nusantara, and its complete discussion of thirty juz al-Qur'an. This research is a library research type with primary sources Tafsir an-Nūr. The data collection and processing method uses the qualitative data analysis (QDA) method with a content analysis approach. This study concludes that the presentation of Tafsir an-Nūr related to the issue of wisdom tasyrī' in criminal law verses has a strong argumentation basis, naqly and 'aqly. This can be observed from the sources he uses in verse understanding. In addition, his thinking was also oriented towards conveying the hidayah of the Qur'an to Muslims; In terms of originality and independence of his thoughts, Teungku Hasbi did not come out much from the previous mufassir exposure. He received considerable influence from Tafsir al-Marāghī, al-Manār, and Ibn Kasīr. Nevertheless, the independence of his thinking remains visible. This is evidenced by some of his opposing opinions with Jumhur ulama, such as about stoning for adulterers of muhsan that have expired and his thoughts on setting a minimum limit on the property of cutting off the hands of thieves handed over to the ruler.
Malapraktik Medis dalam Perspektif Hadits Riwayat Abu Dawud dan Pasal 58 UU No 36 tahun 2009: Studi Perbandingan Savariah, Eva; Arifin, Tajul
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.37514

Abstract

Malpractice is basically a social phenomenon so that it attracts a lot of public attention, not only among doctors but also human rights activists. Because malpractice in the world of medicine affects humans, physical losses and victims' property. The legal system in Indonesia does not yet have definite provisions regarding this case, so judges tend to use ordinary procedural law as a guideline. The purpose of the author in writing this article is as follows: 1) To find out how the perspective of hadith on medical malpractice. 2) To find out how the application of criminal law in Indonesia against medical malpractice. The research method that the authors use in this article is a qualitative approach with descriptive analysis techniques. The results of the research show that the hadith HR. Abu Dawud has the same meaning, that is, doctors or medical personnel must be held responsible for the mistakes they have made, because of the patient's losses, both physically, spiritually and psychologically. The government regulates health in the Law of the Republic of Indonesia No. 36 of 2009 concerning Health which was previously Law No. 23 of 1992. So patients who suffer losses can report the doctor or medical personnel through the Doctors Association organization in Indonesia or the existing Medical Discipline Honorary Council. in Indonesia (MKDKI) or the Medical Ethics Honorary Council and can also go through the High Court if it is in the form of a crime by including evidence of being a victim of medical malpractice.
Aborsi dalam Perspektif Ayat-Ayat/Hadis Ahkam dan Undang-Undang Kesehatan: Studi Perbandingan Afiati, Afa; Maspufa, Olivia Sulistya; Ekaputri, Nesya
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.39284

Abstract

Abortion is increasingly practiced among teenagers and married couples. Now people think abortion is a trivial matter, they don't think about the consequences of it. Lack of religious education and strict surveillance from the government and parents make it appear as if they are blind and deaf to the laws and sanctions for abortion. Public understanding of the law and the impact of abortion is the goal of this research both in a religious perspective and a legal perspective in Indonesia. There is also public awareness of their own health and violations of human rights. This type of research is library research, this research uses a descriptive-analytical approach and in its subject matter uses comparative analysis techniques. The results of this study state a comparison between the verses of the law and hadith ahkam as well as the health law. So between the verses of the law and the ahkam hadith that are complementary, but if both are compared with the laws and regulations in general lies in the limit of pregnancy or the age limit allowed for abortion and the similarity is broadly speaking, abortion is an act that violates the law, if done it will be sanctioned. The three points of discussion also attach importance to the health of the mother.
Analisis Urf terhadap Sistem Jaminan dalam Praktik Mappasanra Cengkeh di Kabupaten Bulukumba Hasan, Nugraha; Nursyam, Fatima
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i2.39577

Abstract

This study aims to find out how the guarantee system in the practice of clove tree mappasanra, especially in the community of Tamaona Village, Kindang District, Bulukumba Regency. The type of research conducted is field research which is raised from the observation of social facts studied by the method of sociological approach and sharia juridical approach. The sources of data for this research are people who practice pawnning, community leaders, and religious leaders. The data collection method is carried out by means of observation, interviews, and documentation. The results of this study show that the people of Tamaona Village, Kindang District, Bulukumba Regency still carry out the practice of clove tree mappasanra because they consider that this practice is one of the quick and easy ways to get a cash loan with a system of pawning the clove tree as collateral to be managed and all the proceeds are taken by the pawnbroker until the pawnbroker pays off the debt. There are 2 forms of collateral utilization by murtahin, namely the use of collateral by murtahin with a time limit and the utilization of collateral by murtahin without a time limit. In the view of Islamic law based on 'urf, it is viewed that the guarantee system in the practice of mappasanra carried out by the community is categorized into 'urf fasid because it tends to harm one of the parties, namely the pawnbroker and is included in the agreement that leads to the category of usury. The implication of this study is that the practice of clove tree mappasanra is expected to continue to be carried out guided by the rules of Islamic law, to religious leaders or the government to convey about muamalah especially pawns in accordance with Islamic law so that the community is able to apply the system in the practice of mappasanra in accordance with applicable rules.
Penyelesaian Utang Debitur dalam Keadaan Insolven: Perspektif Hukum Positif dan Hukum Islam Wahyuni, Wenni; Cahyani, Andi Intan; Suriyadi, Suriyadi; Anggara, Bayu
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.39666

Abstract

This study discusses the settlement of debts of debtors who are insolvent from the perspective of positive law and Islamic law, in providing answers related to how to postpone debt payment obligations to insolvent debtors. This research is a library research with a juridical-normative approach. The sources of data used in this research are laws, the Qur'an and Sunnah, in addition to the method of data collection and data analysis by collecting various literature both books and journals then observing and analyzing the data which is the object of research and then providing conclusions. In this study it was found that the postponement of debt payment obligations to insolvent debtors according to Law no. 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Debt Payment is an alternative that can be taken by insolvent debtors who are certain to be unable to pay their debts so that the company is not bankrupted by the court on the condition that during the PKPU period the debtor must submit a peace plan in the form of an offer to pay the debt as a whole or some of its debts or can even restructure its debts to its creditors. Meanwhile, the perspective of Islamic law regarding the postponement of debt payment obligations to insolvent debtors is that this is mubah contained in the Word of Allah swt QS. al-Baqarah/2:280. in the verse it is said that if someone owes him in trouble then give a grace period until he gets relief.
Implementasi Ketentuan Zakat Mal terhadap Hasil Petani Rumput Laut di Kabupaten Pangkep: Analisis Mazhab Fikih Ariska, Ariska; Arsyad, Azman; Ariyanti, Riska
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.39682

Abstract

Zakat mal is a problem that is getting warmer and warmer day by day among the community, especially in the community of Pitue village, Ma'rang sub-district, Pangkep district, where we can see that from the distribution system and the zakat provisions do not have clear standards in the Shari'a because they don't really believe in BAZNAS or other institutions so as to trigger various perceptions in the implementation of zakat. This article aims to identify the basis and procedures for implementing seaweed mal zakat. This study discusses the seaweed mal zakat in Pitue village, Ma'rang sub-district, Pangkep district by using fiqh school of analysis. This research is field research with an ethnographic, sociological, and normative (Syari'i) approach. The data sources used in this study were survey methods and interviews with informants and also took from related books and journals, in addition to data collection methods and data analysis by means of observation, interviews and using atlas.ti9 software. In this study it was found that the provisions for zakat mal seaweed in Pitue village were where the farmers did not have standard provisions that they used as references. However, in a more in-depth study, there are a small number of them referring to the provisions of trade mall zakat at a rate of 10% annually.
Fenomena Pengalihan Sunrang Kepada Anak di Kabupaten Gowa: Analisis Kaidah Al-‘Aadatu Muhakkamah Mappaseleng, Mappaseleng; Widjaja, Abdi; Anis, Muhammad; AR, Amril Maryolo
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i2.39761

Abstract

A polemic that often occurs in the community, especially in Gowa Regency, is the diversion of sunrang to children which often causes problems. So there are often problems in the family that cause disputes between the first child and his other siblings. The main problem in this study is how to transfer sunrang to children in Sapaya village, Bungaya district, Gowa regency, How to analyze the rule of al-'Aadatul Muhakkamah on the phenomenon of transferring sunrang to children in Sapaya Village, Bungaya District, Gowa Regency. This type of research is field research. The approaches used are the Normative Syar'i Approach and the Sociological approach. The methods used in this study are observation, interviews and documentation. From the results of research conducted by researchers on the phenomenon of the transfer of sunrang to children in Sapaya Village, Bungaya District, it shows that the transfer of sunrang to children is carried out in a hereditary manner which is passed on by the community in Sapaya Village. However, the existence of this diversion causes injustice in the provision of sunrang because only the first child is prioritized while the other children do not have the right to receive the transfer of sunrang. The implications of this study are expected to reduce disputes in the diversion of sunrang.
Pemenuhan Hak Biologis Narapidana dalam Mempertahankan Perkawinan pada Lembaga Pemasyarakatan Kelas I Makassar: Analisis Maqashid al-Syariah Yunus, Nur Arfianty; Akmal, Andi Muhammad; Qayum, Abdul Rahman; Shuhufi, Nadyatul Hikmah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.39834

Abstract

This study aims to explore and analyze the fulfillment of the biological rights of prisoners who maintain marriage in Makassar Class I Penitentiary using the Maqashid al-Sharia approach. This research was conducted through field studies and primary and secondary data collection. The main focus is to identify and evaluate the implementation of the biological rights of prisoners in the context of maintaining marriage in a prison environment. In the context of Maqashid al-Sharia, the concept of biological rights of prisoners, considers the principles of justice and balance in Islam. This study provides a comprehensive picture of how prisons in Makassar Class I treat inmates who try to maintain their marriages. In addition, this study also explains the impact and relevance of the fulfillment of biological rights on the welfare of prisoners and marital stability. The concept of fulfilling the biological rights of prisoners in review from Maqashid al-Sharia is carried out according to their respective capabilities. Unlike the case if the husband or wife is a prisoner who must languish in bars, of course, the fulfillment of biological rights cannot be optimized. The results showed that the reality of fulfilling the biological rights of prisoners in Makassar class I correctional institutions was limited based on the policy that applies to prisoners who still have a legal marriage bond only limited to visiting and communicating by telephone in order to maintain household harmony. The fulfillment of prisoners' biological rights in maintaining marriage in Makassar Class I Penitentiary has its own challenges, such as limited facilities and internal regulations of the institution. Maqashid al-Sharia's analysis provides a critical view of the implementation of prisoners' biological rights, emphasizing the importance of justice and fair treatment in accordance with Islamic principles.
Model Pengawasan Lembaga Pengumpul Dana Sosial pada Yayasan Dompet Dhuafa: Perspektif Hukum Positif dan Mazhab al-Syafi’i Majid, Afirah; Mustafa, Zulhasari; Ramli, Arif Rahman; Lukman, Atriani
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.39913

Abstract

Dompet dhuafa as a fund collector who has obtained an operational license from the Social Welfare Institute needs to be monitored so that misappropriation does not occur. The main point of this study is the analysis of the supervision model in the social fund collection institution dompet dhuafa in the perspective of positive law and Imam Shafi'i. The purpose of this study is to find out how the supervision of social fund collectors of poor wallets in the perspective of positive law and Imam Shafi'i. This type of research uses qualitative methods. Data is the result of interviews sourced from Dompet Dhuafa employees. The analysis technique used is positive legal analysis by examining library materials, namely regulations and literature related to the problem under study, and Shafi'i School analysis related to the implementation of supervision based on Islamic law, both from the Qur'an, al-Hadith, the rules of Usul Fiqh and the opinions of scholars. The results showed that Dompet Dhuafa Makassar has four supervisory systems, the first of which is the Sharia Advisory Board which is tasked with determining the policies to be carried out by the institution, then an internal audit from the head office of Dompet Dhuafa, an external audit from a Public Accounting Firm, and an Audit of the Ministry of Religion and BAZNAS where the three supervisions examine the financial statements of the institution. In the analysis of the Shafi'i school the context of supervision in institutions as well as ar-riqobah is an obligation that must be resolved continuously, because supervision is to examine the way of making plans in an institution to avoid failure.
Kajian Filsafat Hukum terhadap Kedudukan Hak Waris Anak Yang Dihukumi Tiada Oleh Orangtuanya di Kabupaten Gowa Khiar. M, Mafaati Hul; Bakry, Muammar
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 2, MAY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i2.40031

Abstract

This research discusses the practice of inheritance law against children who are punished for being absent by their parents (Dipattompo' Butta) in the Islamic community in Gowa Regency in 2019-2023. Through initial observations, the authors found several cases of inheritance to children whose parents had punished them as dead where the parents did not pay attention and visited their children again where this could cause disputes so the authors felt the need to do research in this regard. This study uses descriptive qualitative field research methods with an empirical legal approach, the data source is through interviews with parents as inheritance owners, children as heirs, the community, and religious leaders in Gowa Regency. The results of the study show that in the practice of inheritance to children whose parents do not punish them (Dipattompo' Butta) in the Islamic community in Gowa Regency, when viewed from the point of view of Islamic Law Philosophy, the dominant use of customary inheritance law or in accordance with the customs of the community both from the distribution of inheritance and the settlement of inheritance disputes. There needs to be socialization of inheritance law, strengthening the legal status of inherited assets and heirs who are entitled, so that there is justice for the heir. By conducting this research, it is hoped that the local government will make it more efficient in providing socialization of inheritance law to the community, especially to children who are punished for being absent by their parents and strengthening legal legality of inheritance, especially regarding certificates of inherited land and heirs who are entitled, so that inheritance disputes due to people's lack of understanding of the law can be minimized.

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