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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 344 Documents
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Realitas Keagamaan dalam Fatwa MUI Nomor 2 Tahun 2022 tentang Uang Panai’: Analisis Filosofis terhadap Dinamika Sosial Masyarakat Suku Bugis Makassar Idrus, Achmad Musyahid; Qayum, Abdul Rahman; Abbas, Rahmawati; Maulidah, Tahani Asri
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.v6i1.55424

Abstract

The tradition of money panai in the marriage of the Makassar Bugis people not only reflects cultural values and family honor, but also gives birth to social dynamics and religious issues, especially in the practice of borrowing money from the family. This research aims to analyze in depth the religious reality surrounding the practice of money and identify the typology of Islamic law that arises from this phenomenon. The method used is a descriptive qualitative research with a philosophical and sociological approach, which focuses on the analysis of cultural practices in the local context of the Makassar Bugis community. Data were collected through participatory observation, in-depth interviews with traditional leaders, scholars, and couples who have experienced money loans, as well as documentation and normative literature reviews. The results of the study show that the practice of borrowing money has become a plural social reality and is even considered a pragmatic solution in meeting customary demands. However, this practice also raises complex legal problems, especially in the perspective of Islamic law. Normatively, a panai loan is categorized as mubah if it does not cause harm or burden the groom. On the other hand, this practice can be haram if it has implications for disproportionate economic pressure or is carried out with detrimental speculative intentions. These findings show that people's perceptions of Islamic law in the context of money are contextual and varied, depending on social motives, agreements between families, and locally applicable religious interpretations. This research emphasizes the need for a more adaptive approach to Islamic law to local traditions without ignoring the principles of justice and benefit.
Membangun Ketahanan Institusi Keluarga Muslim di Indonesia: Kajian Hukum Perkawinan Islam Menghadapi Tantangan Hegemoni Arus Globalisasi Chotban, Sippah
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.v5i3.55432

Abstract

The title of this research is "Building the Resilience of Family Institutions in Facing the Hegemony of Globalization Currents from the Perspective of Islamic Marriage Law in Indonesia". This research is library research with the type of data analysis being descriptive-qualitative. The research found that building family resilience amidst the hegemony of globalization is a necessity and a challenge that must be carried out. Moreover, there are also many cases that befall and threaten the resilience of families, both coming from within and from outside. Family resilience has a very important and strategic position in Islamic Marriage Law in Indonesia because family resilience is related to marriage and the purpose of marriage itself. Islamic Marriage Law in Indonesia has its own perspective in building family resilience amidst the hegemony of globalization. This research is expected to provide enriching references as well as scientific insight into Islamic law in answering various problems that often befall and threaten family resilience.
Seller Wanita di E-Commerce Live TikTok dalam Perspektif Hukum Islam Klasik dan Kontemporer Ratja, Andi Indy; Mustafa, Zulhasari; Laman, Ilham; Salsabila, Adinda Thalia
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.v5i3.47594

Abstract

The study aims to investigate more deeply the behavior of female sellers on TikTok, especially in terms of communication ethics violations, sensitive product marketing, and excessive dress and makeup practices. The research methods used are library research and primary and secondary data collection. In looking at the reality of female sellers' behavior on TikTok, this study highlights how important it is to pay attention to ethics in online marketing, not only to maintain the seller's reputation and image, but also to maintain the prevailing social norms. Clothing not only serves as an identity and distinguishes between individuals, but also as a means to protect the honor of a Muslim woman from indecent behavior from men who may try to harass them. This phenomenon provides an interesting background for researchers, especially with the presence of many female sellers who sell through live broadcasts on the TikTok application which is contrary to the principles of Islamic law. The results of the study show that there are differences in the views of scholars on the behavior of women sellers in the context of religion. Although there are some scholars who allow strict clothing in Islam, practices in the field often go beyond ethical and religious boundaries. Therefore, a deeper understanding of religious teachings is needed, not only for sellers, but also for the general public involved in online interactions, to ensure that their behavior is in accordance with religious values. The importance of better religious education is also highlighted in guiding online behavior to be in accordance with religious values.
Analisis Fikih Kontemporer dan Undang-Undang Agraria terhadap Penyelesaian Konflik Sengketa Tanah di Kabupaten Bulukumba Fitri, Sakinah; Mustari, Abdillah; Kurniati, Kurniati
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.v5i3.48109

Abstract

This research presents three problem formulation items, namely: First, what are the dynamics of land dispute conflicts between PT. Lonsum and the Community in Tamatto Village, Ujungloe District, Bulukumba Regency? Second, how can contemporary fiqh approaches be applied in resolving land disputes between PT. Lonsum and the Tamatto Village Community? Third, how is the implementation of Agrarian law in resolving land disputes between PT. Lonsum and the Community of Tamatto Village, Ujungloe District, Bulukumba Regency? This research is a qualitative study that uses two data collection methods. First, through primary approaches such as observation, interviews and documentation. Second, using a secondary approach such as library research through books, journals, theses, annual reports and internet sites that are relevant to the research topic. The results of this research illustrate two main things: First, the dynamics of land dispute conflicts began when PT. Lonsum widened land that was not included in its Cultivation Rights land, so the widening caused the community to sue the company, but in suing the community, they did not have a land certificate for the land they claimed, so the land dispute has not yet been resolved. Second, the Contemporary Jurisprudence Approach is applied using wasatiyyah (the principle of balance) by finding solutions without taking sides against one party and respecting the interests of both parties by applying the concept of justice and trying to reconcile both parties. Third, non-litigation settlement of agrarian laws (outside of court), through mediation, in this case the government mediates, facilitates and brings together the two parties. In this meeting, there was a bright spot/solution that was applied to the dispute that occurred. Effective communication is the main key in resolving conflict. By communicating well, it is hoped that the best solution will be found. The government has a role as a mediator between companies and society in this matter. It is important for the government to be fair and neutral without taking sides with one party. Resolving this conflict requires the government to take firm steps that are balanced between both parties.
Integrasi Hukum Islam dan Hukum Positif dalam Pemanfaatan dan Pengelolaan Rumput Laut di Kabupaten Bulukumba Amanda, Serli; Safriani, Andi; Kahfi, Ashabul
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.v5i3.48592

Abstract

This research presents two problem formulation items, namely: First, How is the role of the local government in the utilisation and management of seaweed in Bonto Bahari sub-district, Bulukumba regency? Second, How is the difference between the views of Islamic Law and Law No. 1 of 2014 in the context of management and utilisation of seaweed in Bonto Bahari sub-district? This type of research is a qualitative research method using two data collection methods, namely primary which is through observation, interviews, and documentation and secondly secondary, namely literature review through books, thesis journals, research reports and internet sites related to the author's title. The results of this study show two main things, namely: The role of the Government in the utilisation and management of seaweed in Bonto Bahari Subdistrict has been successfully implemented properly, namely first informing the community regarding the limits of seaweed distribution and the community who wants to manage the grass first notifying the location request to the government in order to obtain maximum seaweed yields. Secondly, Islamic teachings teach humans to utilise natural resources, especially marine resources, properly and wisely as explained in (Q.S An-Nahl Verse 14). Meanwhile, Law No. 1 of 2014 concerning seaweed management explains the management and utilisation of seaweed. Research Implications, It is hoped that the government will pay more attention to the level of community enthusiasm by encouraging the development of small and medium enterprises by developing existing resources and it is hoped that related agencies will pay more attention to MSMEs to manage processed seaweed into food, cosmetics, and others. With this, it can make the community's economy increase, because they can manage their seafood not only until the raw sales process but make high-value products that are easily marketed.
Implementasi Akad Muzara'ah dalam Pertanian Bawang Merah di Kabupaten Enrekang Lasri, Nurannisa; Amir, Rahma; Qayum, Abdul Rahman
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.v5i3.49843

Abstract

The main problem of this research is how the Implementation of Muzara'ah Akad on Shallot Farmers with Landowners in Tomenawa Village, Baraka District, Enrekang Regency (Urf Analysis). This problem is then broken down into sub-problems, namely How is the Muzara'ah Akad Process on Shallot Farmers with Landowners in Tomenawa Village, Baraka District, Enrekang Regency? and How is the Role of Landowners with Cultivators in Supporting the Community Economy in Tomenawa Village, Baraka District, Enrekang Regency? This type of research is qualitative descriptive research with a legal sociology approach. The data sources in this research are primary data as many as 5 sources namely Mr. Najamuddin, Mr. Sainuddin, Mr. Ardi, Mr. Agung, and Mr. Yusran. The data collection techniques used are interviews, observation and documentation. The results showed that the process of the muzara'ah contract on shallot farmers in Tomenawa Village, Baraka Subdistrict, Enrekang Regency carried out between the landowner and the farmer is that the landowner hands over his land to the farmer to be cared for and maintained then gets a share of the shallot land according to the agreement at the beginning of the contract. Then the role of landowners with tenant farmers in supporting the community's economy is that landowners provide land resources for agriculture, while tenant farmers use their skills and energy to manage agricultural land. Both contribute to the production of food and agricultural commodities, create jobs, and increase the income and welfare of people in agricultural areas. The implication of this research is that as information to the local government, it can be followed up with various regional policies in price stability, especially the price of drugs such as KCL, ZA, and urea which are expensive compared to the results obtained by farmers in shallot farming. For the community in the muzara'ah contract, a cooperation agreement should be made in writing, because if there are deviations in the future, it can be resolved with clear evidence.
Perlindungan Hukum terhadap Anak Korban Eksploitasi Ekonomi di Kota Makassar: Telaah Undang-Undang Perlindungan Anak dan Hukum Islam Ismail, Khumaerah; Syamsuddin, Rahman; Irfan, Irfan
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.v5i3.50357

Abstract

This study aims to examine the forms of child exploitation that occur in Makassar City, an analysis of regulations in Law Number 35 of 2014, as well as the views of Islamic law on the protection of child victims of exploitation. The method used is qualitative with data collection techniques through interviews, observations, documentation, and literature studies. The results of the study show that forms of child exploitation in Makassar include buskers, beggars, street vendors, and children in costumes. The main driving factor is economic problems. Many families depend on their children's activities on the street for their livelihoods. The government, through the social service, seeks to minimize this phenomenon with monthly assistance to poor families. Regulatively, Article 76I Jo Article 88 of Law No. 35 of 2014 prohibits economic and sexual exploitation of children, with a maximum penalty of 10 years in prison and/or a fine of up to Rp200 million. However, many cases do not proceed to legal proceedings due to a lack of evidence. Therefore, the restorative justice approach is considered more effective. In an Islamic perspective, child exploitation is contrary to the principles of Maqasid al-Sharia, which emphasizes the importance of safeguarding and protecting future generations. MUI Fatwa Number 1 of 2021 also emphasizes that the practice of begging involving children is classified as exploitation and unlawful. The implications of this study emphasize the importance of the role of the community and the government in increasing public awareness through education, seminars, social media campaigns, and stricter law enforcement for the protection of children's rights.
Revitalisasi Makna Jihad di Era Society 5.0: Studi tentang Radikalisme dan Moderasi di Kalangan Organisasi Islam di Kota Makassar Zulfikar, Zulfikar; Arsyad, Azman; Aziz, 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.v6i1.39741

Abstract

This study aims to analyze the concept of jihad of Islamic mass organizations (CSOs) in the city of Makassar through reconstruction and recontextualization by adjusting the context of the Society 5.0 era, looking at the development of digital technology and rapid social transformation. This research also describes the dynamics of understanding and practicing jihad carried out by Islamic organizations in Makassar City, especially in the spectrum between radicalism and moderation. The research method used is qualitative with an ethnographic approach to see the pattern of use and public belief in the concept of jihad and a phenomenological approach to examine the pattern or relationship between subjective meaning and objective reality in understanding the meaning of jihad today. Data were collected through in-depth interviews, participatory observations, and document analysis from Islamic organizations in Makassar City. The results of the study show that Islamic organizations in Makassar tend to adopt a moderate approach in interpreting jihad, emphasizing spiritual, social, and educational aspects in the delivery of religious narratives, and avoiding interpretations that lead to violence. Acts of radicalism, terrorism and other acts of violence are not the result of the religious doctrine of Islamic organizations in Makassar. However, there are also small groups that still maintain a radical narrative, although their influence is limited. This research seeks to relate the concept of jihad to the challenges and opportunities in the Society 5.0 era, where digital technology is a new medium in spreading religious narratives. This research emphasizes the importance of understanding the transformation of religious thought in the midst of rapid social and technological change, as well as its implications for efforts to deradicalize and promote Islamic moderation.
Perceraian Akibat Tindakan KDRT Di Pengadilan Agama Kendari Kelas 1A (Perspektif Maqashid Syariah): indonesia Ramli, Arif Rahman; Bolo, Gatra Mahe; Saputra, Nafar
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.50736

Abstract

This research examined the phenomenon of divorce due to domestic violence (DV) handled at the Religious Court of Kendari Class 1A, focusing on the analysis of causal factors, the basis for legal considerations by judges, and the relevance of the maqashid al-syariah approach in resolving the cases. This study employed a qualitative approach with a case study method. The primary data were obtained from observation, interviews with judges and related parties, and analysis of case documents. Meanwhile, the secondary data were collected through a literature review of books, journals, and laws and regulations. The purpose of this research was to provide a comprehensive understanding of the legal dynamics of divorce due to domestic violence (DV) and to explore the role of Shari'a values in decision-making. The results indicated that in the past four years, 2,466 divorce cases have been decided by the Religious Court of Kendari, 190 of which involved DV. Factors contributing to domestic violence (DV) included economic pressure, infidelity, deviant behavior, and poor communication within the household. In deciding cases, judges referred to Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law, Supreme Court instruments, and norms of fiqh and customary law. The maqashid al-shariah approach prioritized the principles of hifz al-nafs (protection of the soul) and hifz al-'ird (protection of honor), thus viewing divorce as an effort to save individuals from physical and psychological violence that could damage human dignity. This research demonstrates the importance of educating the public about the dangers of domestic violence, firm law enforcement against perpetrators, and preventive and rehabilitative programs for victims. The synergy between positive law and the values of maqashid al-shariah provides a strategic approach to realizing justice and well-being in resolving family disputes.
Kerangka Hukum dan Tantangan Regulasi dalam Pengembangan E-Commerce di Indonesia: Analisis Kebijakan dan Implikasi Yuridis Sembiring, Tamaulina Br.; Yolanda, Riska; Sitepu, Sofia Naliza; Siregar, Saskia Nabila; Putra, Raka Andika
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.v6i1.54107

Abstract

Technological advances in the fields of transportation, communication, and information have accelerated globalization and triggered the rapid growth of electronic commerce (e-commerce). However, this development presents significant challenges in the national legal system, especially related to the application of corporate law in online transactions. This research aims to examine the legal framework and regulatory challenges in the development of e-commerce in Indonesia, highlighting the applicable policies and their juridical implications. The method used is a normative juridical approach with descriptive-analytical specifications, which allows the identification and analysis of legal norms contained in laws and regulations, legal doctrines, and relevant legal principles. Data are collected from primary, secondary, and tertiary legal materials, and then analyzed qualitatively through interpretation of existing legal substances. The results of the study show that the regulation of e-commerce in Indonesia has been accommodated through Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE), which was updated through Law Number 19 of 2016, as well as Law Number 7 of 2014 concerning Trade and Government Regulation Number 82 of 2012 concerning the Implementation of Electronic Systems and Transactions. However, obstacles are still found in its implementation, including weak electronic contract proof mechanisms, issues of trust and accountability, and low public understanding of digital transaction objects. This study recommends the drafting of a special law on e-commerce companies to strengthen legal certainty, consumer protection, and the sustainability of digital economy expansion in Indonesia.

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