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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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LEGAL IMPLICATIONS OF UNREGISTERED MARRIAGES ON THE ADMINISTRATIVE POPULATION STATUS OF CHILDREN FROM THE PERSPECTIVE OF LAW NO. 24 OF 2013: (Case Study: No. 865/Pdt.P/2024/PA/CBN) Natasya, Jessika Angely
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.v6i3.59706

Abstract

Siri marriage is a form of marriage conducted in accordance with religious law, but not officially registered with the relevant state agency, in this case the Office of Religious Affairs (KUA). This phenomenon is still widely found in Indonesia and raises complex legal issues, one of which relates to the administrative status of children born from such marriages. This issue is crucial because the registration of marriage has direct implications for the civil rights of children, including the possession of a birth certificate as a basic document in the population administration system. This study aims to analyze the legal implications of unregistered marriages on the administrative status of children in the context of Law No. 24 of 2013 on Population Administration, by examining the Cibinong Religious Court Decision No. 865/Pdt.P/2024/PA/CBN as a case study. The method used is a normative juridical approach with data collection through a literature review of legal literature, court decisions, laws and regulations, and relevant academic articles.                 The results of the study show that children born from unregistered marriages often face obstacles in obtaining birth certificates because their parents do not meet the requirements for marriage registration. This situation results in uncertainty regarding the legal status of the child in the eyes of the state, particularly in relation to civil rights and legal protection. However, through the mechanism of marriage validation, the court provides validation of unregistered marriages so that children can obtain administrative legality. The decision of the Cibinong Religious Court in the case studied confirms that the state is present to provide legal certainty for children, while reinforcing the importance of marriage registration as an instrument for the protection of civil rights. This study confirms that marriage registration is a fundamental aspect of guaranteeing children's rights in population administration.
Mrs Upaya Hukum Konsumen atas Wanprestasi dalam Jasa Titip Barang Impor Online: Tinjauan Hukum Perdata dan Fiqh Islam : A Comparative Normative Study of Civil and Islamic Legal Perspectives Windiarti, Wulan; Paramita, Itsma
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.v6i3.60233

Abstract

The development of digital technology has given rise to the practice of online consignment services for imported goods, which makes it easier for consumers to obtain products from abroad. However, at the same time, it has also given rise to legal problems when service providers do not fulfill their obligations as agreed, such as late delivery, mismatched goods, or no delivery of goods at all. This study aims to analyze the forms of breach of contract and legal liability of online jastip service providers and to examine the legal protection mechanisms for consumers from the perspective of Indonesian civil law and Islamic jurisprudence. The research method used is normative juridical with a legislative and conceptual approach through analysis of the provisions of the Civil Code (KUHPerdata), Law Number 8 of 1999 concerning Consumer Protection, and muamalah fiqh literature regarding wakalah bil ujrah contracts. The results of the study show that in civil law, default in a jastip agreement gives consumers the right to demand fulfillment, contract cancellation, and compensation as stipulated in Articles 1233 and 1243 of the Civil Code and the Consumer Protection Law. From the perspective of Islamic jurisprudence, jastip is categorized as a wakalah bil ujrah contract that requires the principles of trust, transparency, and clarity of contract, so that when a breach of contract occurs without a valid excuse, the service provider is obliged to bear the losses (dhaman) both morally and legally. This study confirms the common ground between Indonesian civil law and Islamic jurisprudence in placing legal responsibility on business actors to protect consumer rights. Despite the existence of a clear legal basis, the practice of online proxy shopping still requires more stringent specific regulations and adequate legal education for consumers so that they can understand, demand, and effectively defend their rights in cross-border digital transactions.
Local Cultural Acculturation in the Practice of Nazar in Bulukumba Regency: A Study of the Angnganro Tradition from an Islamic Law Perspective Widyani, Sri; Mulya A., M. Alyan; Nurafni, Nurafni; Basir, Muhammad Rendiyan
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.v6i3.60463

Abstract

The phenomenon of cultural and religious acculturation in Indonesian society is often reflected in local rituals that are rich in religious meaning, one of which is the Angnganro tradition among the Kajang people in Bulukumba Regency, South Sulawesi. This study aims to analyze the form of the Angnganro tradition and examine the ritual practice from the perspective of Islamic law, particularly in relation to its status as a form of vow or expression of gratitude for the fulfillment of prayers. This study uses a qualitative method with a sociological approach to law in the context of field research. Data was collected through participatory observation, in-depth interviews with traditional and religious leaders, and documentation of rituals, then analyzed in three stages, namely data reduction, data presentation, and conclusion drawing. The results of the study show that Angnganro is a collective ritual performed by the community as an expression of gratitude for recovery from illness, safety from disaster, or success in achieving a specific goal. This ritual is centered in a sacred forest area and led by a traditional leader (Amma Toa), with a series of preparations that can last for months, culminating in seven consecutive days involving extended families and traditional communities. From an Islamic legal perspective, this practice can be categorized as a form of ghairu mahdhah worship which is mubah, as long as it does not contain elements of shirk, bid'ah dhalalah, or violations of the principles of tawhid. Research confirms that the Angnganro tradition is a form of local cultural acculturation and an expression of religiousness that is acceptable in Islamic jurisprudence, provided that the practice remains based on the principle of tawhid and does not conflict with sharia law.
A Amnesty and Abolition: Between Political Reconciliation and Justice from an Islamic Legal Perspective: Amnesti dan Abolisi: Antara Rekonsiliasi Politik dan Keadilan dalam Perspektif Hukum Islam Gunawan, Muhammad Safaat; Mujahidah, Nurul; Azizah, Nur; Putra M, Hilton Tarnama; Sofyan, Sofyan
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.v6i3.60985

Abstract

The discourse on amnesty and abolition in Indonesia has tended to be understood merely as a political legal instrument oriented toward the interests of the state, when in practice there is a tension between the aspects of justice, political reconciliation, and the protection of human rights. The cases of granting amnesty to Hasto Kristiyanto and abolition to Thomas Trikasih Lembong show a gap between the normative basis of positive law and the need for equitable reconciliation. This study aims to analyze the concepts of amnesty and abolition not only as political products, but also as legal instruments that have moral and religious legitimacy. The method used is normative legal research with a legislative, conceptual, historical, and theological approach, supported by primary legal sources, secondary literature, and authoritative references to Islamic jurisprudence. The results of the study show that, conceptually, amnesty and abolition not only serve to ease political conflict, but also have relevance to Islamic legal values. Amnesty can be interpreted as a reflection of the principle of rahmah (mercy) and the restoration of substantive justice through forgiveness and reconciliation, while abolition is in line with the principle of daf‘ al-mafsadah (prevention of harm) as an effort to maintain social stability and national unity. The common ground between the two legal frameworks is that they both view amnesty and abolition not merely as political products, but also as means of achieving justice and national reconciliation. Amnesty and abolition in the perspective of Islamic law can also strengthen the legitimacy of Indonesian positive law while providing a more comprehensive legal protection framework. This study offers an integration of Islamic legal values with positive law in the context of transitional justice, thereby enriching the scientific discourse on the relationship between law, politics, and religion in conflict resolution and national reconciliation in the contemporary era.
Tradisi A’dangang dalam Ritual Kematian Masyarakat Suku Kajang Kabupaten Bulukunba: Perspektif Kaidah al-'Adah al-Muhakkamah Khatimah, Husnul
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 1, JANUARY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i1.56122

Abstract

This study focuses on one of the rules of Islamic jurisprudence, namely the rule of Al-'adatu Muhakkamah, a customary law concept that recognizes and can use the custom as a legal basis as long as it does not conflict with Islamic law. This study aims to identify and understand the symbolic meaning contained in each stage of the death ritual tradition called A'dangang in the Kajang tribe, and to examine how the ritual tradition is in line with the principles of the rule of Al 'adatu Muhakkamah. The research method used is a field research method with a qualitative descriptive approach, where data is obtained through observation and in-depth interviews with traditional leaders, religious leaders, and the local community. In this study, the instruments used include interview guides and voice recorders. The process of managing and analyzing data is carried out through several stages, namely data reduction, data presentation, and drawing conclusions. The results of the study show that  the A'dangang death ritual tradition is not only a death ritual, but also a means of strengthening cultural identity and a symbol of respect for ancestors in the Kajang tribe. Regarding this tradition, religious figures are of the view that the practice needs to be adjusted to Islamic teachings which emphasize simplicity in the death procession and uphold Islamic law itself. From the perspective of the Al-‘adatu Muhakkamah principle, the A’dangang death ritual tradition cannot be used as a legal basis or is not in line with the Al-‘adatu Muhakkamah principle because in its series there are several processes that are considered contrary to Islamic principles such as taking off clothes as a symbol of mourning, the use of offerings, and other practices that may contain elements of shirk. This study found that the A’dangang ritual is an important part of the Kajang cultural identity that must be preserved. However, to prevent its values from changing, the preservation of this tradition must consider Islamic principles.
Ritual Perkawinan Adat dan Penalaran Hukum Islam: Analisis 'Urf tentang Tradisi Nipa'bajikang di kalangan Komunitas Muslim di Kabupaten Gowa Amelia, Reski
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 1, JANUARY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i1.56866

Abstract

This article discusses the traditional Nipa'bajikang wedding ritual practiced by the Je'ne Madingin Muslim community in Gowa Regency, Indonesia, within the framework of Islamic law reasoning based on the concept of 'urf. The main problem of this research is how the position of the Nipa'bajikang tradition in Islamic law and the extent to which the practice of the ritual can be classified as 'urf sahih or 'urf fasid. This research aims to analyze the form and meaning of the implementation of the Nipa'bajikang ritual, examine the views of religious leaders on the tradition, and assess its conformity with the principles of Islamic sharia through the 'urf approach. The research method used is qualitative with a descriptive-analytical approach. Data was obtained through field observations, in-depth interviews with traditional leaders, religious leaders, and communities, and documentation studies. The analysis was carried out by examining ritual practices against the principles of monotheism, prayer orientation, and benefit as the main parameters in the theory of 'urf. The results of the study show that the Nipa'bajikang ritual is understood and carried out as a medium of prayer and plea for blessings to Allah SWT., without belief in the supernatural power in the symbolic elements used. In addition, this ritual serves to strengthen ukhuwah, ta'awun, and social solidarity in the local Muslim community. Based on the criteria of 'urf, the tradition of Nipa'bajikang is categorized as 'urf sahih because it fulfills the elements of social enforcement, utility, and conformity with the principles of Islamic law. The implications of this study confirm the relevance of the concept of 'urf as a socio-legal framework in assessing local cultural practices and supporting the development of contextual Islamic legal reasoning in Indonesian Muslim society.
Naberui Nikkana sebagai Tradisi Pembaruan Akad Nikah dalam Hukum Islam: Studi Sosiologis pada Masyarakat Kabupaten Gowa Ananda, Nur; Chotban, Sippah; Satriani, Indra
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 1, JANUARY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i1.57185

Abstract

This study examines the Naberui Nikkana tradition that has developed in Pattapang Village, Tinggimoncong District, Gowa Regency, as a practice of renewing marriage vows carried out by married couples without going through a formal divorce process. This study aims to understand the meaning and form of this tradition, the social and cultural factors behind it, and its position in the perspective of Islamic law. This study uses a qualitative approach with a case study method. Data were obtained through in-depth interviews with ten married couples who had undergone Naberui Nikkana, as well as religious leaders and family members who were directly involved in its implementation. Data analysis was conducted descriptively and analytically through the stages of data reduction, narrative and interpretive presentation of findings, and normative testing based on Islamic legal sources and the views of scholars in fiqh munakahat.  The results of the study show that Naberui Nikkana is generally carried out after domestic conflicts, such as economic problems, family pressures, domestic violence, or doubts about the validity of the previous marriage contract. This practice factually fulfills the pillars and requirements of a valid marriage contract in Islam, including the presence of the bride and groom, guardian, witnesses, ijab kabul, and dowry agreed upon by both parties. The implementation is similar to the first marriage contract, but with an emphasis on caution and strengthening the intention to maintain the integrity of the household. From an Islamic legal perspective, the renewal of the marriage contract through this tradition can be understood as an effort to bring about benefits, particularly in maintaining family stability and preventing marital breakdown. Therefore, Naberui Nikkana can be categorized as a valid custom because it does not conflict with the provisions of Sharia law and is in line with the basic objectives of Islamic law in protecting the institution of the family.
Pertimbangan Hakim terhadap Pemufakatan Jahat dalam Tindak Pidana Narkotika Golongan I: Studi Putusan Pengadilan Tinggi Tanjung Karang Nomor 247/Pid.Sus/2024 dalam Perspektif Hukum Islam Prabowo, Edo Arya; Jainah, Zainab Ompu; Ainita, Okta
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 1, JANUARY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i1.60048

Abstract

Criminal conspiracy in narcotics offenses represents a form of organized crime that poses a serious threat to society and the state. This research aims to analyze the criminal liability of the defendant involved in a conspiracy to possess Class I non-plant-based narcotics, as examined in the High Court Decision No. 247/Pid.Sus/2024/PT Tjk. This study uses a normative juridical and empirical juridical approach. The normative juridical method is based on the review of relevant legal sources, particularly Law No. 35 of 2009 on Narcotics. The empirical juridical method includes interviews with law enforcement officers to understand the application of the law in practice. The results show that the defendant was proven legally and convincingly to have engaged in a criminal conspiracy to unlawfully possess Class I narcotics, specifically methamphetamine (sabu). The judge applied Article 112 paragraph (1) in conjunction with Article 132 paragraph (1) of the Narcotics Law, sentencing the defendant to 7 years of imprisonment and a fine of IDR 1,000,000,000 with a subsidiary of 3 months of detention. This ruling reflects an integrated criminal justice process—investigation, prosecution, and sentencing—that prioritizes fairness and legal certainty. This research recommends that law enforcement officials improve professionalism, independence, and consistency in applying conspiracy provisions to enhance deterrence and combat narcotics distribution more effectively.
Maqāṣid al-Syarī‘ah sebagai Landasan Pengaturan Relasi Produsen–Konsumen dalam Hukum Ekonomi Islam di Indonesia Sultan, Zulfadli; Muin, Rahmawati; Kara, Muslimin
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 1, JANUARY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i1.64245

Abstract

The interaction between producers and consumers in Islamic economics is not solely oriented towards economic efficiency and profit, but also towards ethical values and social welfare. This study aims to analyze the role of maqasid al-syariah as a normative basis in regulating the relationship between producers and consumers in Islamic economic law. This study is a qualitative literature review of classical and contemporary literature relevant to Islamic economics and maqasid al-syariah. The results show that maqasid al-syariah positions producers and consumers not only as economic actors but also as moral subjects who have a responsibility to protect religion, life, reason, offspring, and property. These principles guide production and consumption practices to be halal, fair, proportional, and free from exploitation. The implementation of maqasid al-syariah in producer-consumer relations contributes to strengthening market confidence, preventing inequality, and creating a fair and sustainable Islamic economic system.
Pengawasan Nazir dalam Pengelolaan Tanah Wakaf Masjid di Kabupaten Sidrap: Perbandingan Mazhab Syafi‘i dan Undang-Undang Wakaf Alfina S; Ahmad, Nur; Verawati
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 1, JANUARY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i1.64876

Abstract

The management of mosque waqf land requires an effective monitoring system to ensure the sustainability of its social and religious functions; however, in practice at the local level, the monitoring mechanism for nazirs often faces structural and normative problems. This study aims to analyze the patterns of supervision of nazir in the management of the Nur Hasyim Mosque waqf land in Bulucenrana Village, Pitu Riawa District, Sidenreng Rappang Regency through a comparative approach between the Shafi'i school of thought and the provisions of Law Number 41 of 2004 concerning Waqf and its implementing regulations. The research focuses on the form of supervision, factors hindering supervision, and the conformity of supervisory practices with the normative framework of fiqh and positive law. This study uses a qualitative method with field research, integrating a juridical-normative and sociological approach to bridge the analysis of legal texts and empirical realities. Data was obtained through observation, in-depth interviews with nazirs, wakifs, and related parties, as well as documentation, then analyzed descriptively and analytically through the stages of reduction, presentation, and conclusion drawing. The results of the study show that supervision of nazirs is carried out through efforts to manage, develop, and implement waqf, but it has not been optimal. The main obstacles to supervision include the lack of guidance from the Indonesian Waqf Board (BWI) and the lack of certification of mosque waqf land. From the perspective of the Shafi'i school of thought, the authority of supervision should ideally lie with judges or the government, while in the practice of this study, supervision is actually carried out by the waqf, so it is not fully in line with the views of the school of thought. According to Law Number 41 of 2004 in conjunction with Government Regulation Number 42 of 2006, the supervision of waqf is carried out by the government and the community, both actively and passively. These findings indicate normative compatibility between the Shafi'i school of thought and positive law, but there are discrepancies at the implementation level.

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