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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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Application of the Principle of Good Faith as an Effort to Protect the Law Against Borrowers in Online Lending Practices Hanafie, Nurharsya Khaer; Firmansyah, Firmansyah
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.v6i2.57621

Abstract

This study aims to examine the application of the principle of good faith in contractual agreements and to analyze the legal protection afforded to borrowers in online loan transactions under this principle. The core issue addressed is how the principle of good faith is operationalized in digital loan agreements and its implications for borrower protection. Employing a qualitative approach with a descriptive-analytical method, the research investigates legal instruments and practices governing online lending platforms in Indonesia. The findings reveal that the principle of good faith plays a pivotal role in ensuring fairness, transparency, and accountability in online credit transactions. This principle serves as a normative foundation for safeguarding borrowers’ rights, particularly within the framework of the Indonesian Civil Code, Law No. 11/2008 on Electronic Information and Transactions, and Financial Services Authority Regulation No. 6/POJK.07/2022. The study highlights the necessity of reinforcing good faith as a legal instrument to mitigate asymmetrical power relations and promote legal certainty in digital financial services. These findings imply the need for stronger regulatory enforcement and borrower education to foster equitable financial inclusion in the digital era.
Pluralisme Hukum dalam Lembaga Perkawinan: Persinggungan Norma Islam dan Norma Adat dalam Mengatur Perkawinan dan Harta Kekayaan di Toraja Utara: The Intersection of National Law, Islamic Law, and Customary Law in Regulating Marriage and Common Property in North Toraja Akbar, Alif; Laman, Ilham
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.v6i2.57865

Abstract

This research aims to explore how the two legal systems interact, experience tension, and are negotiated in the social practices of society. Legal pluralism in Indonesia shows the existence of various systems of state norms, Islamic law, and customary law that coexist in one social space. In North Toraja, the Muslim community faces the intersecting dynamics between Islamic norms and Torajan customs in regulating marriage institutions and wealth management. This research uses a socio-legal approach with a descriptive qualitative method. Data were collected through field observations, in-depth interviews with religious leaders, traditional leaders, married couples, and legal practitioners, and documentation studies of customary texts and marriage documents. The analysis was carried out thematically to identify patterns of integration, compromise, and conflict between Islamic norms and customs. The results of the study show that Islamic law forms a formal framework in the implementation of marriage contracts and dowry arrangements, while customary law remains dominant in determining social legitimacy, customary rituals, and distribution of family wealth. In conflict resolution, the community prioritizes informal customary mechanisms, while the principles of Islamic law are applied selectively, especially when dealing with state legal institutions. This study confirms the existence of adaptive strategies used by the community in responding to the plurality of laws. The intersection between Islamic law and customary law is not confrontational, but rather forms a functional and contextual hybrid legal culture. The novelty of this research lies in the documentation of the practice of legal syncretism in the context of Muslim marriage in the Toraja customary environment, as well as its relevance in formulating legal policies that are more inclusive of local social and cultural realities.
Epistemologi Hukum Al-Shifāʾ dalam Fikih Islam: Mengintegrasikan Penyembuhan Berbasis Wahyu ke dalam Wacana Kontemporer: Integrating Revelation-Based Healing Into Contemporary Discourse Wakia, Nurul; Yusuf, Muhammad; Haddade, Hasyim; HR, Sabriadi
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.v6i2.57870

Abstract

The al-Qur'an, as the word of God (kalāmullāh), has various multidimensional functions for Muslims, one of which is as a healer (al-Shifa'), for both spiritual and physical ailments. In a spiritual context, the al-Qur'an cures ailments of the heart such as misguidance, doubt, and ignorance; while in the physical aspect, the al-Qur'an serves as a means of healing through the practice of ruqyah syar'iyyah. This article aimed to examine the meaning of al-Shifa' using the thematic exegesis method (tafsīr mawḍūʿī), compile related verses, and examine the views of classical exegetes such as Ibn Kathīr and al-Rāzī, as well as contemporary exegetes such as Quraish Shihab and Wahbah al-Zuḥailī. This study also highlighted the practical implementation of the concept of al-Shifa' in the lives of Muslims, particularly in the spiritual realm and al-Quran-based alternative medicine. This study employed a qualitative approach with a literature review, examining primary literature in the form of al-Quran verses and Qur’anic exegesis books, as well as secondary literature in the form of articles, journals, and books related to Qur'anic healing. The results showed that the al-Quran, as a source of healing, had a holistic function: healing psychological and emotional aspects, and was used in physical treatment through ruqyah. Scholars agreed that the meaning of syifā' was not merely physical, but rather profoundly spiritual and theological. In practice, reciting certain verses from the al-Quran was believed to calm the soul, alleviate anxiety, and be part of faith therapy. The concept of al-Syifā' in the al-Quran provided an understanding that true healing came not only from medical treatment but also through spiritual closeness to God. The al-Quran presented a comprehensive solution to address the physical and spiritual crises facing modern humans.
An Islamic and Statutory Comparison on the Protection of Labor Rights: Toward an Progresif Legal Framework Halim, Patimah; Jumardin, Marlina Aulia; Satriani, Indra
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.v6i2.58103

Abstract

The main problem in this research is how to compare the protection of workers in fiqh muamalah and labor law. From the main problem, sub-problems are formulated, namely how the concept of work in Islam, how the protection of workers' rights in Islam and how the protection of workers' rights in the law. This research is literature (librari research) which examines several literature studies both journals and books related to labor. Working in the context of Islam is an obligation in terms of maintaining life. In fiqh muamalah, there are several protections of workers' rights, namely the right to receive a salary, the right to receive wages and the right to obtain job security. While in the context of legislation is the social and technical protection of labor, as well as social security protection.
text Rekonstruksi Makna Remaja yang Mampu Sebagai Batas Kedewasaan dalam Mencegah Perkawinan Dini di Kabupaten Polewali mandar (Perspektif Hukum Islam): articel text Ramlan, Amalia; Syam, Hikmatul Adhiyah; Syam, Nur Fakhirah; Haq, Ahmad Ya'rif
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.55150

Abstract

Early marriage remains an urgent socio-legal issue with multidimensional impacts on health, education, and family resilience, particularly in Polewali Mandar Regency, which has the highest rate of teenage marriage in Indonesia. One of the main factors behind this phenomenon is the ambiguous interpretation of the concept of “capable adolescents” as a threshold of maturity, which is often narrowly understood only through biological indicators without considering psychological, social, and economic readiness. This study aims to reinterpret the meaning of “capable adolescents” within the framework of Islamic law and assess its relevance to contemporary social realities in efforts to prevent early marriage. The research method used is a normative juridical approach supported by a sociological approach, through a study of classical and contemporary Islamic legal sources, analysis of legislation, and interviews with adolescents who married at an early age, the community, and religious leaders. The results of the study show that although Islamic law traditionally determines maturity based on signs of puberty and interprets the term syabab (adolescent/youth) as the ability to bear the responsibilities of marriage physically, financially, and socially, these criteria have proven to be insufficient in the current social context. This study emphasizes that maturity must also include mental readiness, intellectual and emotional maturity (rushd), as well as spiritual and social competence. This comprehensive approach is in line with the provisions of Marriage Law No. 16 of 2019, which sets a minimum age for marriage, thereby strengthening the preventive framework in curbing the practice of early marriage. A more holistic reinterpretation of the concept of “capable adolescents” is an important basis for strategies to prevent early marriage through the synergy of Islamic law, positive law, the role of the family, and educational institutions in building public awareness of the importance of age readiness and maturity before marriage.
Perlindungan Institusi Perkawinan Melalui Asas Mempersulit Perceraian: Tinjauan Maqashid Al-Syariah Terhadap Peraktik Di Pengadilan Agama Sinjai: An Analysis of Maqasid al-Syari‘ah on Practices in the Sinjai Religious Court Ariani, Akmal; Yusuf, Muh.; Has, Nisaul Haq Bintu
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.56876

Abstract

This study is motivated by the high divorce rate in Indonesia, which has implications for the fragility of the family institution and the weakening of social resilience, thus requiring legal mechanisms that can provide protection for the institution of marriage. One of the mechanisms applied in the religious court system is the principle of making divorce difficult, which normatively serves to prevent non-urgent divorces. This study aims to analyze the implementation of this principle in the Sinjai Religious Court and review its relevance to maqāṣid al-syarī‘ah. The research method uses a qualitative approach with a juridical-empirical model. Data were collected through court observations, interviews with judges, mediators, and litigants, as well as document and literature studies. The research instruments consisted of interview guidelines and field notes, while data analysis was carried out through the stages of reduction, data presentation, and conclusion verification. The results of the study show that the principle of making divorce difficult is implemented from the early stages of case registration, with the panel of judges attempting to reconcile the parties through advice and mediation in accordance with Supreme Court Regulation Number 1 of 2016. These reconciliation efforts continue throughout the trial process through a persuasive approach and the appointment of an official mediator. However, the application of this principle faces a number of obstacles, such as long-standing domestic conflicts, local cultural factors that tend to be permissive towards divorce, and economic pressures on families. From the perspective of maqāṣid al-syarī‘ah, the principle of making divorce difficult is in line with the objectives of protecting religion, life, reason, offspring, and property, while reducing the social harm caused by unnecessary divorce. Thus, the application of this principle in the Sinjai Religious Court serves not only as a formal procedure but also as a substantive instrument in maintaining the continuity of marriage, preventing premature divorce, and providing space for domestic reconciliation through mediation.
Pluralisme Hukum Waris di Palampang: Studi komprasi Hukum Islam dan Hukum Adat dalam Praktik Pewarisan: Analysis of Islamic Law and Customary Law in Inheritance Practices Syuaib, Nurul Aqarrah; Ansar, Lukman
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.57919

Abstract

This study discusses the dynamics of legal pluralism in the practice of inheritance distribution in Palampang Village, Bulukumba Regency, which shows the complex interaction between Islamic inheritance law and the customary inheritance law of the Bugis people. The main issue raised is how the community navigates two different legal systems in inheritance practices, particularly in the context of applying the 2:1 provision between male and female heirs according to Islamic law. The discussion covers the extent to which Islamic law provisions are implemented textually, as well as how cultural values such as family deliberation, social contribution, and empathy are passed down and influence customary mechanisms in inheritance distribution. This study uses a descriptive qualitative approach with data collection methods in the form of in-depth interviews with traditional leaders, religious leaders, and heirs, as well as field observations of inheritance practices. The results of the study show that the Palampang community applies a pluralistic legal system with a greater tendency toward local customs in inheritance practices. The 2:1 distribution provision in Islamic law is rarely strictly implemented because it is considered to not fully reflect social realities and the actual contributions of each heir. An important finding from this study is that legal pluralism does not create conflict if it is managed through family deliberation mechanisms and social approaches based on local values. The academic recommendation from this study is the need for a model of integration between Islamic law and customary law that respects the cultural values of the local community without neglecting the principles of justice in Sharia, as well as strengthening the capacity of community leaders in facilitating pluralistic law-based inheritance settlements.
Child Custody and the Principle of Best Interests in Divorce Decisions at the Makassar Religious Court: An Analysis of Maqashid al Syariah Harid, Muh Asrhil; Ashufa, Abdul Hayyaqdhan
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.58337

Abstract

The high divorce rate in Indonesia has serious implications for child protection, particularly with regard to custody rights, which are often disputed in religious courts. In this context, the principle of the best interests of the child is a universal principle that judges must consider when determining custody rights. This study aims to examine the implementation of this principle in religious court practice through a case study of Decision Number 1278/Pdt.G/2023/PA.Mks at the Makassar Religious Court, while also reviewing its relevance to maqāṣid al-syarī‘ah. The research uses a qualitative approach with a theological-normative design, combining the analysis of positive legal documents, Islamic legal theory, and the maqāṣid al-syarī‘ah framework. Data was obtained through the study of decisions, Islamic family law literature, and supporting interviews, then analyzed through a process of reduction, categorization, and normative interpretation. The results of the study show that the panel of judges in this case not only considered formal legal aspects, but also psychological, emotional, social, economic, and child care environment factors as the basis for determining custody rights. These considerations reflect the application of the principle of the best interests of the child, as they place the welfare of the child above the interests of the parents. From the perspective of maqāṣid al-sharī‘ah, this decision is in line with the main objectives of sharia, namely the protection of life (ḥifẓ al-nafs), reason (ḥifẓ al-‘aql), and offspring (ḥifẓ al-nasl), so that it can be seen as a judicial practice that is responsive to Islamic values and contemporary social needs. Thus, this study emphasizes the importance of integrating the principle of the best interests of the child with maqāṣid al-syarī‘ah in religious court practices, while also contributing conceptually to the development of Islamic family law that is more adaptive, humanistic, and oriented towards child protection in Indonesia.
Revitalisasi Nilai-Nilai Hukum Perkawinan Masyarakat Konjo Bulukumba Dalam Mencegah Disintegrasi Keluarga Perspektif Maqashid Al Syariah: The Perspective of Maqashid Al Syariah Amalia, A. Vivi; Andika, Holis; Fajriwahyuningsi, Andi
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.59166

Abstract

Marriage in the Konjo Bulukumba community has social and spiritual values that serve to maintain family integrity, but globalization poses challenges in the form of increased potential for family disintegration and the weakening of traditional values. This study aims to analyze the legal values of marriage in the Konjo community, their implementation in preventing divorce, and their relevance to the principles of maqāṣid al-syarī‘ah. This study uses a qualitative approach with a sociological-empirical method. Data were obtained through field observations, in-depth interviews with four informants selected purposively (traditional leaders, religious leaders, and married couples), and documentation review, then analyzed using an interactive model through a process of reduction, presentation, and conclusion drawing. The results of the study show that the practice of pudeppo (traditional advice before marriage), the involvement of the extended family in resolving domestic conflicts, and an emphasis on responsibility and mutual cooperation are effective cultural instruments in reducing divorce rates while maintaining social solidarity. From the perspective of maqāṣid al-syarī‘ah, these values are in line with the objectives of protecting religion (ḥifẓ al-dīn), life (ḥifẓ al-nafs), offspring (ḥifẓ al-nasl), and property (ḥifẓ al-māl). These findings confirm that the marriage practices of the Konjo community not only function as a customary mechanism but also have a normative basis in Islamic law. Academically, this research enriches the study of marriage law based on local wisdom integrated with Sharia principles, while practically it can be a reference for traditional leaders, religious leaders, and local governments in formulating policies to preserve cultural values of marriage that support family resilience in the contemporary era.
Judicial Remedies for Breach of Custody Agreements (Hadhanah) in Divorce Proceedings: Evidence from Makassar Religious Court Mughni, Muh Shodiq; Qadri, Muhammad Al-Lail; Azamy, Muhammad Mumtaz
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 3, SEPTEMBER 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i3.59290

Abstract

Divorce often raises legal issues related to custody (child custody), especially when there is a breach of contract or violation of obligations by one of the parties, thereby creating new conflicts between former spouses and impacting the fulfillment of children's rights. This study aims to analyze the role of judges in handling post-divorce custody breaches, both in terms of prevention and enforcement, with a focus on practices in the Makassar Religious Court. This study uses a qualitative method with an empirical juridical approach that combines primary and secondary data. Data was collected through court observations, in-depth interviews with judges and related parties, analysis of court decisions, and a study of Islamic family law literature and national regulations. The results of the study show that the dominant forms of default include neglecting responsibility for the child, abandoning financial support, and attempting to prevent the other party from meeting the child. In terms of prevention, judges consider the principle of the best interests of the child, the age of the child, moral suitability, and the economic capacity of the parents before determining custody rights. Meanwhile, in enforcing the law against breaches that occur, judges provide legal recourse for aggrieved parties to file a lawsuit to revoke custody rights or revise custody decisions, thereby ensuring that the interests of the child are protected. This study shows that judges in the Religious Court do not merely perform formal judicial functions, but also play a protective role towards children by balancing Islamic legal norms, national regulations, and values of public interest. Strengthening the role of judges in addressing hadhanah breaches is important to provide legal certainty while ensuring the protection of children's rights after divorce.

Page 34 of 36 | Total Record : 351

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