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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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Implementasi Perlindungan Hak Konsumen dalam Layanan Go-Food di Kota Makassar: Analisis Mazhab Fikih Haq, Muhammad Sabilil; Sabir, Muhammad
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.v5i3.49349

Abstract

This research discusses "Implementation of Consumer Rights Protection in Go-Food Services in Makassar City (Analysis of the Fikih Mazhab)" which presents two problem formulations, namely: First, How is consumer protection in the regulations contained in the food ordering policy through Go-Food services in Makassar City? Second, What are the views of the 4 Imam Mazhab Fikih on muamalah contracts and consumer protection in Go-Food services in Makassar City? The type of research used by the author in this thesis is empirical juridical legal research using qualitative and normative types of research. This research uses primary research data, namely interviews and observations and uses secondary data in the form of laws and regulations related to Consumer Rights Protection. Journals and other legal websites. The results of this study indicate that: First, Legal Protection of Consumer Rights on Go-Food services (Analysis of fiqh schools and law number 8 of 1999 concerning consumer protection) has been carried out properly in terms of procedures and regulations from Gojek, but in some cases the author has encountered that there are elements either from the driver or the restaurant that cooperates with Gojek but does not heed the regulations that Gojek has set. Second, the opinions of the mazhab scholars regarding the muamalah fikih of online buying and selling, especially in Go-Food transactions applied by Gojek, have been fully approved by the scholars if the transaction does not contain things that do not have certainty or (gharar) and fulfil the rules or Islamic law. The implications of this research, namely related to legal protection of consumer protection rights (analysis of fiqh madhhab and law number 8 of 1999 concerning consumer protection) Consumer rights according to scholars or imam madhhab who all agree on the protection of consumers to protect all the rights of all parties and because it is one of the principles of Islamic law.
Transformasi Ritual Syukuran dan Keselamatan Menjelang Kelahiran: Kajian Tradisi Meuri’ dalam Masyarakat Mandar Perspektif Urf' Tualamsyah Wahab, Muh; Aisyah, Nur; Mansur, Rahmat
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.v6i1.50548

Abstract

This research aims to explore the practice of the Meuri' Tradition in Acehnese society and analyze its relevance in the perspective of Islamic law. This tradition is a ritual of gratitude and a plea for safety for the mother and baby ahead of birth. The research was carried out through a qualitative approach with field research methods, and using normative-sharia and sociological approaches. The results showed that the Meuri' Tradition is generally carried out at seven to nine months of gestation and includes a series of religious and symbolic rituals, such as the recitation of Barzanji, joint prayers, as well as the use of traditional symbols such as bananas, free-range chicken eggs, silk sarongs, coconut oil, and incense. One of the typical processions is macceraq, which is the smearing of a mixture of chicken blood and lime on the forehead of pregnant women and the installation of burabeq as a form of protection. An analysis of this practice shows that the Meuri' Tradition does not contradict the principles of Islamic law, and even reflects the values of Maqasid al-Shariah, especially in preserving religion (al-din), soul (al-nafs), heredity (al-nasl), intellect (al-'aql), and property (al-mal). Thus, this tradition has significant cultural and spiritual value, while contributing to the preservation of local cultural identity within the framework of Islamic law.
Relevansi Nilai-Nilai Islam dan Kearifan Lokal dalam Pelaksanaan Tradisi Maddoa' di Kabupaten Pinrang Majid, Anugrah; Yahya, Yahya; Basir, Muhammad; Hidayat, Rian
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.v6i1.52064

Abstract

This study examines the integration of Islamic values and local wisdom in the Maddoa tradition of Pinrang Regency, Indonesia. Maddoa', a communal prayer ritual, serves not only as a cultural heritage but also as a medium to strengthen collective religious identity and social cohesion. Despite modernization and shifts in the structure of society, these traditions remain important in shaping community interactions and spiritual life. Using a qualitative field research approach, this study seeks to understand in depth the practice and evolution of Maddoa' in contemporary society. This approach allows researchers to explore the social dynamics, symbolic meanings, and changes that occur in these traditions over time. To provide a comprehensive analysis, this study applies a sharia normative framework to examine the extent to which the practice of Maddoa' is in harmony with Islamic principles, both from the theological and legal aspects of Islam. Data was collected through in-depth interviews, participant observations, and document analysis. These findings show that Maddoa' embodies a dynamic blend of Islamic teachings and customs, fostering a collective awareness of gratitude and devotion to Allah SWT. In practice, Maddoa' serves as a means to foster a collective awareness of gratitude and devotion to Allah SWT, strengthening the relationship between individuals and God and their society. More than just a prayer ritual, this tradition strengthens social ties by instilling the values of togetherness, mutual cooperation, and concern between community members. In this context, Maddoa' is not only a cultural heritage, but also a symbol of harmony between local religions and traditions, creating a unique model of synergy in which Islamic values are not only accepted, but also adapted within a cultural framework that has been rooted for centuries.  In addition, this tradition also reflects a unique model of religious and cultural synergy. This study contributes to a broader discourse on religious acculturation and the sustainability of local traditions in the face of globalization.
Filantropi Islam dan Regulasi Hukum Positif: Kajian Fikih Sosial terhadap Program Donasi Dana Dompet Dhuafa Sulawesi Selatan Wildan, Muhammad; Asni, Asni; Sanusi, Nur Taufiq
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.v6i1.52949

Abstract

This study aims to analyze the practice of cutting social fund donations by the Dompet Dhuafa Philanthropic Institute of South Sulawesi from the perspective of social fiqh and positive law. The focus of this research includes the mechanisms of fund management by philanthropic institutions, as well as how these practices are normatively reviewed in the context of Islamic law and national regulations. This study uses a qualitative approach with a field study method. Data was collected through observation, in-depth interviews, and documentation, which was then strengthened by literature studies of laws and regulations, scientific literature, and information from the official websites of related institutions. Data analysis is carried out through the stages of data reduction, data presentation, and drawing conclusions. The results of the study show that Dompet Dhuafa South Sulawesi collects funds from ZISWAF and Corporate Social Responsibility (CSR) sources, with an allocation of 12.5% for operational needs and amil rights. From the perspective of social fiqh, the deduction is justified based on the provisions in QS. At-Taubah verse 60 and MUI Fatwa No. 8 of 2011, which stipulates the share of amil at 12.5%, in line with the views of scholars such as KH. Sahal Mahfudh and KH. Ali Yafie who emphasized the importance of optimizing zakat institutions in community empowerment in accordance with the principles of maqāṣid al-syarīʿah. Meanwhile, in the context of positive law, the deduction of social funds by Islamic philanthropic institutions is regulated in Article 67 paragraph (2) of Government Regulation No. 14 of 2014 as a derivative of Law No. 23 of 2011, and strengthened by the Decree of the Ministry of Religion No. 733 of 2018 and BAZNAS Regulation No. 1 of 2016, which allows deductions of up to 20% outside of zakat funds. On the other hand, public philanthropic institutions or Money and Goods Collection Institutions (PUB) are subject to Government Regulation No. 29 of 1980 and Permensos No. 8 of 2021, which limit operational costs to a maximum of 10% without specific regulations regarding the salary of administrators. This research emphasizes the need for regulatory distinction between Islamic and public philanthropic institutions, as well as the strengthening of transparency in the management of social funds to maintain public trust and the effectiveness of aid distribution.
Kebiri Kimia sebagai Sanksi bagi Pelaku Kejahatan Pedofilia: Telaah Maqasid Syariah dan Prinsip Non-Diskriminasi HAM Atifah, Nurul Rezeki; Marilang, Marilang; Hamsir, Hamsir
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.v6i1.53185

Abstract

The purpose of this study is to evaluate the extent to which chemical castration is effective in providing a deterrent effect, analyze the argumentative basis of this punishment as a form of prevention, and assess its conformity with the principles of human rights and Islamic criminal law. This article examines the application of chemical castration punishment to perpetrators of sexual crimes, especially pedophilia, through the perspective of Human Rights (HAM) and Islamic criminal law. The background of this study is based on the increasing cases of sexual violence in Indonesia which encourages the government to adopt chemical castration as a repressive and preventive effort. This research uses a literature study method with an exploratory-qualitative approach. Data were collected through document analysis, positive legal literature, international provisions related to human rights, as well as authoritative sources in classical and contemporary Islamic law. The analysis was carried out normatively and descriptive-critically. The results of the study show that chemical castration punishment causes controversy from various aspects, both medically, psychologically, socially, and legally. From a human rights perspective, this action is seen as a form of treatment that degrades human dignity and has the potential to violate the principle of non-derogable rights related to physical and mental integrity. Meanwhile, from the perspective of Islamic criminal law, although there is a principle of prevention ('sadd al-dzari'ah') against crime, there is no explicit legitimacy that allows invasive medical measures such as chemical castration, which can be categorized as a form of mutilation and is not in line with maqāṣid al-syarī'ah in safeguarding body and soul (ḥifẓ al-nafs wa al-'irḍ). This study confirms that chemical castration punishment cannot be used as a substantial and comprehensive solution to the problem of sexual crime, because it does not touch the structural or cultural roots of the problem.
Penegakan Hukum terhadap Pelaku Lesbian dan Gay di Kota Palopo: Perspektif Hukum Islam Magfirah, Adinda Cahya; Kurniati, Kurniati; Ahmad, La Ode Ismail; Rahayu, Sri
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.v6i1.53194

Abstract

This study aims to analyze law enforcement against lesbian and gay perpetrators in Palopo City through the perspective of Islamic law, by focusing on the basis of Islamic law that regulates homosexual behavior, law enforcement mechanisms, and social responses and challenges that arise in practice. This research was conducted to understand the principles of Islamic law applied in a modern context, especially in dealing with the issue of Lesbian and Gay in Palopo City. The research method used is qualitative with a case study approach, where data is collected through in-depth interviews with religious leaders, law enforcement officials, and Lesbian and Gay perpetrators, as well as analysis of Islamic legal documents and local regulations. The results of the study show that Islamic law expressly prohibits homosexual practices based on the postulates of the Qur'an and Hadith, but its implementation in Palopo City faces various obstacles, such as the lack of specific regulations, resistance from lesbian and gay perpetrators. In addition, the study reveals the tension between Islamic law enforcement and human rights, which poses a dilemma for both the government and society. This research is expected to be a consideration for policymakers and stakeholders in formulating more inclusive and equitable regulations.
Respon Laskar Jihad terhadap Pemikiran Islam Mazhab Ambon Budianto, Muhammad Arief; Candra, Iga Ayu Intan
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.v6i1.53968

Abstract

This research aims to analyze Laskar Jihad's response to Mazhab Ambon's Islamic thought, particularly in the context of the dynamics of religious thought in Ambon. Uniquely, this research offers a new perspective on how Laskar Jihad, as a militant group, responds to the integration of local culture into Islamic teachings. In addition, it explores the application and acceptance of the teachings of the Ambon Mazhab of Islam in Ambon, as well as its impact on the social and religious life of the local community. Using a descriptive qualitative approach and a field study, the primary data sources in this research involved interviews with religious leaders, members of Laskar Jihad, and the Ambon community, and the secondary data sources were obtained through document analysis and related literature. The data obtained was analyzed and processed to draw accurate conclusions. The main findings of this study show that the conflict in Ambon, which was prone to be triggered by a lack of inter-religious tolerance, prompted scholars in Maluku to develop the Islamic Mazhab Ambon, an approach that integrates Islamic teachings with local cultural wisdom in order to create harmony in social life. However, the majority of Laskar Jihad members rejected the Ambon Mazhab of Islam because they believed it undermined the purity of Islamic teachings. This study also reveals how Laskar Jihad's conservative views can influence reconciliation and peacebuilding efforts in Ambon. By highlighting the social relevance of the Mazhab Ambon concept, which aims to promote tolerance, this study shows that the integration of local culture in Islamic teachings can be a strategy in building religious tolerance. Therefore, this study recommends strengthening interfaith dialog, multicultural education, as well as the active role of religious leaders in strengthening social cohesion in Ambon.
Dinamika Uang Panai’ di Kota Makassar Pasca Fatwa MUI Sulawesi Selatan No. 2 Tahun 2022: Menakar Kepatuhan Syariah dan Pelestarian Tradisi Nasmi, Nasmi; Bakry, Muammar; Haddade, Abdul Wahid; Salam, Abdul
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.v6i1.54136

Abstract

This study aims to analyze the influence of the Fatwa of the Indonesian Ulema Council (MUI) of South Sulawesi No. 2 of 2022 on panai' money and its implications for Bugis marriage practices in Bangkala Village, Manggala District, Makassar City. The subject matter of this research focuses on how the implementation of the fatwa on the tradition of panai' money in Bugis society. This research uses a qualitative approach with a descriptive-analytical method. Data were collected through in-depth interviews with traditional leaders, scholars, and the community, participatory observation, and documentation of the fatwa text and related social practices. The results show that panai' money still has an important position in the traditional structure of the Makassar Bugis community and is seen as a form of respect and a symbol of the man's social responsibility towards the woman. Although the fatwa of MUI South Sulawesi states that panai' money is a custom whose law is permissible as long as it is not burdensome, its implementation in the community has not shown significant changes. The lack of socialization and education from religious institutions and related parties is a factor inhibiting the understanding and application of the contents of the fatwa as a whole. The implication of this finding is that the preservation of customary values must be accompanied by a proportional understanding of Sharia so that tradition does not become a barrier to marriage. Intensive cultural and educative approaches are needed so that this fatwa can be accepted and implemented by the community in accordance with moderate and contextual Islamic values.
Dinamika Butterfly Effect dalam Proses Pembuatan Kebijakan Dewan Perwakilan Rakyat Indonesia Ferdian, Muhammad Ananda Denny; Nugroho, Taufiq
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.v6i1.54581

Abstract

The factor that influenced this article is the phenomenon of the Butterfly Effect given to the policies taken by the House of Representatives in Indonesia. The concept of the Butterfly Effect, which comes from the chaos theory, describes how the slightest change in the initial conditions will have a big and big impact later on. This study uses a qualitative approach, with case study analysis of several policies taken in the last period of the House of Representatives. Data was collected through interviews with members of the House of Representatives, analysis of documents, and studies of related literature. The findings of this study show that even small decisions regarding changes in budgeting or discussion of laws can have dynamic and long-term consequences both on society and the political system. For example, a delay in the promulgation of a law can cause dissatisfaction among the community, who may have started a social movement; Changes in budget policy also have an impact on various sectors of the economy. The study further found that communication between members of the House of Representatives and other stakeholders serves to magnify or minimize the impact of the policies taken. The fact that the political system is complex when viewed from the Butterfly Effect can result in better quality policy outputs and, thus, have a greater impact on society. It is hoped that the House of Representatives will be more careful in formulating policies by paying attention to the impact or long-term consequences of an action, optimizing the decisions taken by the leadership in the best interests of the community.
Integrasi Fiqh al-Bi'ah dan Praktik Lingkungan Adat: Studi terhadap Tradisi Pa'jukukang di Kabupaten Bantaeng Tahir, Muhammad; Maloko, M Thahir; Talli, Abdul Halim
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.v6i1.55037

Abstract

This study aims to conduct a critical study of the pa'jukukang tradition in the traditional rituals of the Bugis-Makassar community from the perspective of environmental fiqh, focusing on the identification of the ecological impact caused and the relevance of Islamic sharia values in regulating human relations with nature. This research is a field study with a qualitative approach, using descriptive-analytical methods and sharia approaches to examine in depth the Islamic values contained in these cultural practices. Data was obtained through participatory observation, in-depth interviews, and documentation, then analyzed thematically. The results of the study show that the pa'jukukang tradition consists of four main stages: appasulu pangngajai, akkawaru, kalau'u ri pa'jukukang, angnganre ta'bala'na, and angnganre raja'na. The implementation of this tradition has an ambivalent impact on the environment: on the one hand, there are the values of preservation and respect for nature; But on the other hand, some technical practices have the potential to cause pollution or overexploitation of natural resources. From the perspective of environmental jurisprudence, the implementation of this tradition can be reviewed through the basic principles of Islamic ecological ethics, namely spirituality as the basis of ecological behavior; iḥtirām wa ḥiẓ al-bi'ah (respect and protection of the environment); istikhlāf wa al-amānah (Caliph and Trust); al-mīzān (balance); al-'adl wa al-iḥsān (justice and goodness); al-maṣlaḥah al-'āmmah (public good); lā tufsidū fī al-arḍ (prohibition of doing damage to the earth); and the principle of sustainability. Therefore, it is necessary to mainstream environmental jurisprudence in the implementation and preservation of the pa'jukukang tradition as a form of harmonization between local cultural values and Islamic teachings in maintaining environmental sustainability.

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