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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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Persepsi Pengelolaan Zakat Pertanian di Kalangan Petani Kelapa Sawit di Mamuju Tengah Perfektif Fikih Islam dan Undang-Undang Zakat Karmila, Nini; Alimuddin, Alimuddin; Ahmad, Helmy Fauzy
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.48566

Abstract

This research aims to analyze the community's understanding of the management of zakat mal among palm oil farmers in Batuparigi Village, Tobadak Sub-district, Central Mamuju Regency. Using a qualitative approach, this research focuses on an in-depth understanding of the social, cultural, and economic contexts that influence the management of zakat mal among palm oil farmers. This approach was chosen because it provides flexibility in exploring the community's understanding, attitudes and perceptions more comprehensively. Data were collected through two main methods: in-depth interviews and participatory observation. After the data were collected, data processing was conducted through thematic analysis steps. First, interviews were recorded and transcribed to ensure the accuracy of the information. Next, the transcribed data and observation notes were read in depth to identify the main themes that emerged. The researcher then categorized the information based on themes, such as understanding of zakat, challenges in management, and socio-economic impact of zakat. The results show that the majority of oil palm smallholders have a limited understanding of the obligation of zakat mal, especially regarding the mechanism of its calculation and distribution in accordance with sharia. Factors such as education level, access to information, and guidance from local zakat institutions play a significant role in shaping this understanding. Despite the awareness of the importance of zakat, many farmers do not understand how to calculate the nisab and haul of agricultural zakat, especially palm oil zakat. From the perspective of fiqh schools of thought, there are different interpretations of agricultural zakat that affect practices in the field. This contributes to the discrepancy between the theory of zakat in fiqh and its implementation among farmers. Analysis of the Zakat Law No. 23/2011 shows that socialization and education related to mal zakat still need to be improved, so that palm oil farmers better understand their obligations.
Analisis Maslahah Mudharat dalam Pemanfaatan Konten Promosi pada Program TikTok Affiliate di Media Sosial Andiana, Della; Ramli, Arif Rahman; Al Mubarak, Muhammad Habibie
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.48681

Abstract

This study discusses the analysis of maslahah mudharat in the use of promotional content in the TikTok Affiliate program on social media. The TikTok Affiliate program is gaining popularity among users to generate revenue through promotional content. However, in its implementation, there are various challenges such as lack of understanding in data management, ethics in creating promotional content, misuse of other people's videos, and lack of security protection for TikTok Shop users who make content at risk of being misused by irresponsible parties, including fraudsters. The method used is library research with a normative theological approach through literature analysis related to the use of promotional content in the TikTok Affiliate program, as well as academic sources and journals. The data sources used consist of primary data and secondary data. The results of the study show that the use of promotional content in the TikTok Affiliate program can improve content creation skills, creativity, and critical thinking skills in producing effective content. From the perspective of maslahah, the promoted product must meet halal criteria and not contain haram elements. However, in terms of mudharat, there is often a discrepancy between the goods promoted and the goods delivered, which creates the potential for fraud against consumers. This research provides a deeper understanding of how promotional content can be utilized within the framework of maslahah mudharat. Collaboration between users in the creation of effective promotional content can help expand reach and increase audience engagement. In addition, it is important for users to create content that is interesting and relevant to the target market, in order to achieve the desired commission.
Analisis Perbandingan Putusan Hakim terhadap Utang Piutang sebagai Alasan Perceraian di Pengadilan Agama Kelas 1A Makassar Muh. Mudassir; Arsyad, Azman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.49143

Abstract

The main problem in this research is related to the Comparative Analysis of Judges' Decisions on Debts and Receivables as a Reason for Divorce that occurred in the Makassar Class 1A Religious Court which aims to find out why Indonesian law does not make debts and receivables a basis for divorce, and to find out what factors are taken into consideration. the judge in granting a divorce case because of debts and receivables. The research method used by the author is qualitative research, which was carried out at the Class 1A Makassar Religious Court. Data sourced from cases 1) 2855/Pdt.G/2020/PA.Mks, 2) 1847/Pdt.G/2021/PA.Mks, and 2) 2847/Pdt.G/2021/PA.Mks, Judges, Figures Religion, Posbakum and Society. Field research techniques are research that is directly related to the research object being studied as well as Library Research, interviews and documentation. The data analysis processing is through deductive, inductive analysis and comparative methods. The results of this research are that the basis for the judge's consideration in deciding the Class 1A Makassar Religious Court decision case is by referring to the arguments of the lawsuit, evidence, and the statements of witnesses. The judge's considerations in granting the divorce petition filed by the husband against his wife were because they had debts for which no solution could be found for peace and harmony in their household. Meanwhile, according to Islamic law regarding the talak divorce case which the applicant submitted to the Makasar Religious Court on the grounds that the wife had a lot of debt, Islam views this divorce case as basically having no reason regarding debts and receivables, but because debts and receivables are the main reason husband and wife often experience problems. disputes and quarrels which cause there to be no longer a harmonious relationship and cannot be maintained, with that Islam views that this is a case of shiqaq (a sharp and continuous dispute between husband and wife) regarding responsibility for debts at the time of divorce, then debts arising from wrongdoing. one husband or wife cannot be transferred to that party without the knowledge or consent of the other party. In the absence of prior agreement from both parties, personal debts cannot be settled with the couple's personal assets or joint assets. So, in a situation like this, the party concerned will bear responsibility for the loan.
Perlindungan Hukum terhadap Peralihan Hak Atas Kapal Bobot diatas 7 Gross Tonnage melalui Jual Beli Bawah Tangan Syahputra, Yudha; Yuhelson, Yuhelson; Halim, Anriz Nazaruddin
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.49717

Abstract

In the reality that occurs in society which has become a customary law where it starts from the element of mutual trust and then agrees on the price and object, then the parties continue the sale and purchase agreement by buying and selling under the hand with receipts. So there was a levering of the transfer of ownership of the ship to the buyer. Related to Article 5 letter a of the Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 39 of 2017 concerning Registration and Nationality of Ships requires ships that are registered for ownership in Indonesia, namely ships with size 7 (Gross Tonnage). The method used in this study is normative juridical research, namely normative juridical research is an approach using a set of laws and regulations and other legal materials. The research approach used is to review laws and regulations as the main point of analysis in reviewing and discussing legal issues. From the results of the research, it is obtained that in order to avoid a dichotomy between government regulations that regulate a transfer of rights and notary deeds and the reality in the field, it is necessary that imperative provisions regarding the transfer of rights to ships with a weight of more than 7 gross tonnage are clearly regulated in the provisions that are included in the hierarchy of laws and regulations as per Law of the Republic of Indonesia Number 12 Year 2011 concerning the Formation of Laws and Regulations.
Transformasi Hak Kekayaan Intelektual sebagai Objek Wakaf: Kajian Normatif dan Implementasi berdasarkan Prinsip Hukum Islam Widjaja, Abdi; Qalbi, Nur; Bakry, Muammar
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.50033

Abstract

This study aims to analyze the transformation of intellectual property rights (IPR) as an object of waqf in the perspective of Islamic law, with a focus on normative studies and their implementation in contemporary practice. The main issue raised is the extent to which IPR, as an intangible asset, can be accepted within the framework of Islamic law as an object of waqf, as well as the challenges that arise in the implementation process. This study uses a qualitative method based on literature studies, with a normative approach to review the provisions of classical and modern Islamic law, as well as analysis of regulations related to waqf and IPR. The results of the study show that IPR meets the criteria of sharia as an object of waqf, especially in the framework of sharia maqasid which focuses on the protection of assets (hifzul maal) and the achievement of the benefits of the people. However, the implementation of IPR waqf still faces obstacles, such as the lack of specific regulations, limited public understanding, and obstacles in the management and distribution of its benefits. The implications of this study emphasize the importance of updating the waqf law to include IPR as one of the waqf assets, accompanied by strengthening the management capacity and synergy between religious institutions, the government, and the community. This transformation is expected to be able to expand waqf's contribution to science-based economic development and increase the sustainability of social benefits.
Pembuktian Serta Kualifikasi Unsur Pidana Terhadap Tindak Pidana Narkotika Jenis Tembakau Sintetis di Indonesia Buana, Andika Prawira; Ramadhan, Muhammad Fauzi; Suhra, Andi Amalia; Kaisar, Kaisar
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.51940

Abstract

This study aims to analyze the process of evidence against the crime of narcotics synthetic Tobacco species regulated in Article 114 and Article 112 of law no. 35 Of 2009 On Narcotics. The research method used is normative legal research, which examines and interprets relevant legal regulations, legal documents, and legal doctrines in the context of evidence against synthetic tobacco narcotics crimes. This research is the latest research because there is no scientific work such as dissertation, thesis, thesis, national or International Journal that specifically discusses the evidence against synthetic Tobacco narcotics crimes under Article 114 and Article 112 of law no. 35 Of 2009 On Narcotics. The results showed that the legal qualification against synthetic Tobacco narcotics offense, as stipulated in Article 112 paragraph (2) and Article 114 paragraph (2) of law no. 35 of 2009 on narcotics, found a legal vacuum because synthetic tobacco is not clearly included in the classification of Narcotics Group I both derived from plants and non-plants, due to differences in sources, manufacturing processes, chemical composition, and effects on users. Regulations such as Kepmenkes No. 246 / Menkes/SK / 2017 on narcotics, ago guidelines No. 18 of 2021, and Perkap No. 6 of 2019 concerning the investigation of criminal offenses does not provide clarity regarding the classification of synthetic tobacco as Class I narcotics. In the aspect of criminal evidence against synthetic Tobacco narcotics, the evidence is carried out in a similar way to natural marijuana, which is a narcotic plant type i, where the entirety of synthetic tobacco is weighed, causing ambiguity in law enforcement.
Tinjauan Hukum Terhadap Pidana Mati dalam Perspektif Hak Asasi Manusia Putera, Airlangga; Jannah, Miftahul; Nasution, Hanry Setiawan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 3, SEPTEMBER 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i3.51942

Abstract

This study aims to analyze the regulation of the death penalty in Indonesia and its implications for human rights. The method used in this study is library research with a normative approach and legal documentation. Regulations regarding the death penalty in Indonesia are regulated in the Criminal Code (KUHP) and in other sectoral laws. Based on statistical data and studies by criminologists, the death penalty is considered ineffective in reducing crime rates, because it does not provide a significant deterrent effect. On the other hand, the existence of the death penalty is considered contrary to the principles of human rights, especially the right to life. The right to life is a fundamental right guaranteed in various human rights instruments, such as the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the American Convention on Human Rights, Law Number 39 of 1999 on Human Rights, and the Charter of Fundamental Rights of the European Union. At the national level, the right to life is also constitutionally guaranteed in Article 28I paragraph (1) of the 1945 Constitution. In the perspective of Islamic law, the death penalty (qishash) was known before the advent of Islam and underwent reforms in its application in accordance with the principles of justice and protection of the soul. Therefore, the discourse on the sustainability of the death penalty in Indonesia needs to consider a comprehensive juridical, ethical, and theological approach.
Perlindungan Hak Maternitas Pekerja Perempuan di Kota Makassar: Tinjauan Hukum Islam dan Implementasi Undang-Undang Ketenagakerjaan Nasir, Nurfainna; Mustafa, Zulhasari; Irianto, Afifah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.48348

Abstract

This study examines the appropriateness of the implementation of maternity rights for women workers in Makassar City and examines it from the perspective of Islamic law. This study is motivated by the importance of protecting women's reproductive rights and occupational health in an increasingly dynamic work environment. The research method used is field research with a phenomenological approach, where data is obtained through in-depth interviews, direct observation, and documentation of a number of companies in Makassar City. Data analysis is carried out through three stages, namely data reduction, data presentation, and conclusion drawn. The results of the study show that the implementation of maternity rights in several companies, such as PT Indomarco, PT Sumber Alfaria Trijaya, PT Pertamina, and PT Ruang Raya Indonesia, has been in accordance with the provisions of Law Number 13 of 2003 concerning Manpower, especially Article 81 paragraph (2) and Article 82 paragraph (1) which regulate menstrual leave, maternity leave, maternity leave, and miscarriage leave. From the perspective of Islamic law, maternity rights are seen as fundamental rights that are not only medical but also spiritual, with a postpartum period of three months as a recovery period that needs to be respected. This study recommends the need for more gender-responsive employment policies, especially in the provision of private facilities such as proper lactation rooms and simplification of administrative procedures in applying for menstrual leave, to ensure fair and efficient access for female workers. These findings are important as a contribution to the formulation of inclusive and equitable employment policies.
Euthanasia dan Hak Pasien dalam Filsafat Hukum Islam: Studi Kritis terhadap Praktik Perawatan Paliatif di Negara-Negara Muslim Halim, Patimah; Asrul, Asrul; Shuhufi, Muhammad
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.48646

Abstract

Euthanasia is one of the ethical issues that continues to be debated in various countries, including Indonesia. This dilemma is not only experienced by doctors and legal practitioners, but also by religious circles who are trying to understand the position of religious teachings on this practice. The subject of this research discusses euthanasia and Patient Rights from the perspective of Islamic Philosophy of Law. The main purpose of this study is to examine the concept of euthanasia in the perspective of Islamic Philosophy, compare it with the perspective of human rights, and explore how Islamic law responds to this phenomenon. This study uses a normative approach with a library research method. This method is carried out by collecting and analyzing data from various literary sources, such as Fiqh books, Qur'an interpretations, Hadiths, scientific journals, and related legal regulations. The data collected is then analyzed qualitatively to draw conclusions that are in accordance with the principles of Islamic law.  The results of the research show that the concept of euthanasia formulated by experts is actually prohibited in the Quran and Hadith. For example, in the Qur'an in QS. Al An'am verse 151: "And do not kill a soul that Allah has forbidden (to kill) except for the right reason." Killing here is defined as killing by any means, including killing with the help of others, such as the concept of active euthanasia. Meanwhile, from the point of view of human rights, euthanasia is an effort to eliminate the right to human life, because the essence of euthanasia itself is to eliminate human life on the grounds that it will harm others. However, in certain cases, the termination of medical procedures that do not provide benefits (passive euthanasia) may be allowed under certain conditions.
Malpraktik dalam Abortus Provocatus di Kota Makassar: Kajian Sadd al-Dzari'ah Sebagai Tindakan Preventif Kejahatan Medis Fatra, Meyhira Fatrizia; Hasan, Hamzah; Fatmawati, Fatmawati
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 1, JANUARY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i1.49232

Abstract

This study aims to analyze the forms of malpractice in illegal abortion provocatus in Makassar City, evaluate the legal aspects of the perpetrators, and examine the practice through the sadd al-dzari'ah approach in Islamic law as a preventive strategy against medical crimes. The practice of abortion performed without professional medical supervision, especially by non-medical individuals such as birth attendants or untrained personnel, poses a serious threat to the safety of women's lives and reproductive health. This research uses a qualitative approach with a type of field research. Data collection techniques are carried out through observation, in-depth interviews, and documentation studies, which are then analyzed descriptive-qualitatively. Field findings show that illegal abortions in Makassar are often performed without proper medical standards, causing harmful physical and psychological complications. Several cases have been handled by law enforcement officials and resulted in criminal verdicts against the perpetrators. From the perspective of sadd al-dzari'ah, this practice is considered to pave the way for wider damage (mafsadah), as it ignores the protection of the soul and violates the basic principles of Islamic law. This study recommends strengthening the legal system and health policies oriented towards prevention, as well as the need for public education based on Islamic values to close the gap in the occurrence of illegal abortion practices and increase awareness of the importance of reproductive health protection.

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