cover
Contact Name
Arif Rahman
Contact Email
shautunapmh@gmail.com
Phone
+6282343321118
Journal Mail Official
shautunapmh@gmail.com
Editorial Address
https://journal.uin-alauddin.ac.id/index.php/shautuna/editorialteam
Location
Kab. gowa,
Sulawesi selatan
INDONESIA
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
ISSN : -     EISSN : 27750477     DOI : https://doi.org/10.24252/shautuna.v2i3
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.
Articles 365 Documents
Penyelenggaraan Jenazah pada Masyarakat Muslim: Tinjauan Mazhab Fikih terhadap Praktik Keagamaan Lokal di Kabupaten Takalar Laman, Ilham; Lewa, Irfan
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.v7i1.65170

Abstract

The organization of the body in Islam is a collective obligation (fardhu kifayah) which is not only ritual, but also functions as the social glue of the ummah. In practice, the organization of funerals in the Indonesian Muslim community often interacts with local customs, thus creating a dynamic between sharia guidance and tradition. This study aims to analyze the practice of organizing bodies in Kalabbirang Village, Pattallassang District, Takalar Regency, and examine the role of fiqh assistance in harmonizing traditional practices with the provisions of Islamic law. This study uses a descriptive qualitative approach with an interpretive paradigm and participatory action research (PAR) method. Data was collected through participant observations, in-depth interviews with casscows, religious leaders, and the community, and documentation of funeral practices. Data analysis was carried out by comparing field findings against the provisions of the four main madhhab of fiqh, namely Shafi'i, Hanafi, Maliki, and Hanbali. The results of the study show that around 80% of the practice of organizing the body in Kalabbirang Village has been in accordance with the fiqh of Shafi'i as the dominant madzhab, while the main deviation is found in the symbolic elements of custom, especially in the body of the elder. A comparative analysis of the four madhhabs shows that some local practices are still within the spectrum of tolerable fiqh, especially in the perspective of the Hanafi and Maliki madhhabs. Fiqh assistance based on comparative dialogue has proven to be effective in increasing public understanding, reducing practices without a basis in sharia, and encouraging transformation from customary-based practices to more normative practices without eliminating socio-cultural functions. This study concludes that educational, participatory, and contextual religious assistance is able to strengthen the practice of arranging a legitimate body according to fiqh while maintaining social harmony. These findings contribute to the development of socio-fiqh studies at the village level and offer a model of mentoring that can be replicated in Muslim communities with similar cultural characteristics.
Legitimasi Tradisi Lokal dalam Perspektif Hukum Islam: Analisis al-‘Urf terhadap Ritual Appalili’ pada Upacara Gaukang Karaeng Galesong di Kabupaten Takalar Nurfadilah
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.v7i1.56776

Abstract

The Appalili ritual in the Gaukang Karaeng Galesong ceremony in Takalar has social and spiritual values that serve to strengthen social cohesion and represent the relationship between customs and religion in the lives of the local Muslim community. However, the dynamics of modernity and globalization present challenges in the form of shifts in the legitimacy of local traditions and increasing demands for normative evaluation from an Islamic legal perspective. This study aims to analyze the legitimacy of the Appalili' ritual through the al-‘urf approach as an instrument for assessing Islamic law on local cultural practices. The research problem focuses on the normative values contained in the Appalili’ ritual and its position in the al-'urf categorization within the framework of Islamic law. This study uses qualitative methods with a normative theological and sociological approach to bridge the normative analysis of Sharia and the socio-cultural reality of society. Data was obtained from traditional leaders, religious leaders, and community leaders through participatory observation, in-depth interviews, and documentation, then analyzed systematically through descriptive-analytical, reduction, presentation, and data verification stages. The results of the study show that the Appalili ritual is carried out through a series of symbolic processes that do not contain elements of shirk, superstition, or violations of the principles of tawhid, so that normatively it can be classified as al-'urf saḥīḥ which has legitimacy in Islamic law. The novelty of this research lies in the development of an al-‘urf analytical framework as a normative evaluative instrument for traditional rituals, which simultaneously integrates an Islamic legal approach and sociological analysis and offers a conceptual model that can be replicated in studies of Muslim traditions in various cultural contexts. The implications of this research contribute to strengthening the discourse of contextual Islamic law, broadening the understanding of the relationship between sharia and local culture, and providing a theoretical basis for the preservation of religious traditions in line with Islamic principles in plural Muslim societies.
Negosiasi Praktik Keagamaan Lokal melalui al-‘Urf: Studi atas Praktik Tradisi Pelepasan Nazar di Danau Kalabborang Kabupaten Gowa Fajri, Nurfaidah
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.v7i1.57089

Abstract

This study discusses the tradition of fulfilling vows carried out by the people of Pallantikang Village on Lake Kalabborang, Pattallassang District, Gowa Regency, from the perspective of al-'urf. The tradition of fulfilling vows is a form of religious practice that has grown and developed in Muslim communities as an expression of gratitude and fulfillment of promises to Allah SWT. However, in the context of modern society, the practice of local religious traditions is often viewed as problematic because it is feared to contain elements that contradict the teachings of monotheism. Therefore, an in-depth and objective study is needed to assess this tradition through a contextual Islamic law approach. The research method used is qualitative, combining normative (sharia) and sociological approaches. The data collection process was carried out through observation, interviews, and documentation. The research instruments consisted of the researcher as the main instrument, supported by writing and recording tools. Data analysis techniques included data reduction, data presentation, and conclusion drawing. The purpose of this study is to identify and comprehensively examine the main issues contained in the tradition of releasing vows at Lake Kalabborang through the 'urf approach. The results of the study show that the tradition of releasing vows at Lake Kalabborang has high social and spiritual value for the local community. In addition to being a form of fulfilling a promise to Allah SWT, this tradition also serves as a means of strengthening social relations and preserving the cultural heritage of ancestors. Based on an analysis of the elements contained in this tradition, it was found that the practice of fulfilling vows at Lake Kalabborang does not contain elements of shirk or beliefs that contradict the principles of tawhid. Thus, this tradition can be categorized as 'urf shahih, which is a custom that is valid and acceptable according to Islamic law, reflecting a form of cultural locality that is in harmony with sharia values. The implications of this study emphasize the importance of preserving local traditions that are in harmony with Islamic teachings, as well as the need for religious and traditional leaders to play an active role in educating the community so that traditional practices remain within the corridor of monotheism. This study also contributes theoretically to the development of Islamic law studies based on local wisdom, particularly in the application of the concept of al-'urf.
Anak-anak dari Tersangka Pembunuhan dan Perlindungan Hak-hak Mereka: Analisis Maqasid al-Shariah dalam Sistem Peradilan Pidana Indonesia Achmad, Zulkifli; Aisyah
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.v7i1.58307

Abstract

This study examines the protection of the rights of children of murder suspects within the Indonesian criminal justice system, an issue that creates a dilemma between the interests of law enforcement and the fulfillment of the rights of children as indirect victims. This study aims to analyze child protection mechanisms within the criminal justice process, evaluate the effectiveness of child protection institutions, and examine the perspective of maqasid al-syariah as a comprehensive framework for solutions. The study employs a qualitative approach using a normative-legal methodology, encompassing case studies, analysis of legal documents, and in-depth interviews with legal practitioners, social workers, and relevant stakeholders. The research findings indicate that Indonesia’s criminal justice system remains suboptimal in protecting children whose parents are suspects in murder cases, as evidenced by weak inter-institutional coordination, limited resources for child support services, and the inadequate application of the best interests of the child principle. From the perspective of maqasid al-syariah, the protection of children is an integral part of hifz al-nafs (protection of life) and hifz al-nasl (protection of lineage), which must be prioritized in legal policy. This study recommends revising regulations to strengthen child protection mechanisms, enhancing the capacity of relevant institutions, developing an integrated support model, and incorporating the values of maqasid al-syariah into child protection policies to establish a fair and child-centered justice system.
Pertimbangan Hakim dalam Pemberian Izin Poligami akibat Perzinahan Suami yang Mengakibatkan Kehamilan: Studi di Pengadilan Agama Makassar Ramadani, Rika; Hardiansyah, Lm Isman; Azisah, Nur
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.v7i1.58477

Abstract

Applications for polygamy permits filed due to marital infidelity resulting in pregnancy present complex legal and moral dilemmas, as they bring together legal certainty, Sharia values, and the protection of children's rights. This article aims to analyze the judge's considerations in granting a polygamy permit in Decision Number 2310/Pdt.G/2020/PA.Mks at the Makassar Religious Court, by examining the extent to which the judge integrated the principles of Islamic law, positive law, and substantive justice. The main issue of this study focuses on the normative basis for granting permission for polygamy due to pregnancy outside of marriage and its implications for the consistent application of Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. This research uses a qualitative method with a case study approach, through descriptive-analytical analysis of court decisions, legislation, and relevant Islamic legal literature. The results of the study show that pregnancy resulting from adultery is not explicitly regulated as a reason for polygamy in positive law, so judges tend to use the approach of maslahat and protection of children's rights as the main basis for consideration. However, this approach creates tension between the formal procedures of polygamy—such as the consent of the wife and economic capacity—and the risk of normalizing violations of marriage norms. The novelty of this research lies in revealing the pattern of judges' reasoning that places the interests of children as a substantive justification for granting permission for polygamy, even though it has the potential to obscure the function of polygamy as a conditional and limited legal institution. This research implies the need to formulate more explicit judicial guidelines so that considerations of child protection do not develop into legal legitimization of violations of moral norms and marriage laws.
Implementasi Sistem Informasi Manajemen Nikah (SIMKAH) dalam Pencegahan Manipulasi Data Perkawinan di KUA Kecamatan Gantarangkeke Kabupaten Bantaeng: Analisis Maslaḥah Zainuddin, Zainuddin; Jafar, Usman; Syukri, A Muhammad
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.v7i1.60779

Abstract

The implementation of marriage administration digitization through the Marriage Management Information System (SIMKAH) is part of efforts to reform marriage registration governance to ensure data accuracy and integrity. However, the effectiveness of SIMKAH cannot be assessed solely from a technical-administrative perspective, but must also be analyzed within the normative framework of Islamic law. This study aims to examine the implementation of SIMKAH in preventing marriage data manipulation at the Gantarangkeke Subdistrict KUA in Bantaeng Regency using the maslaḥah perspective as the basis for analysis. The focus of the research is on ensuring the security and protection of marriage data, the impact of SIMKAH implementation on preventing data manipulation, and the operational mechanisms of SIMKAH in realizing the principle of maslahah. This study uses a qualitative method with theological, sociological, and syar'i approaches. Data were obtained through observation, in-depth interviews, and documentation, then analyzed descriptively-analytically with an emphasis on the relationship between empirical practices and normative principles of Islamic law. The results of the study show that SIMKAH provides an integrated system-based recording mechanism, automatic data validation, tiered access control, and audit trails that enable continuous administrative supervision, thereby significantly limiting the opportunities for manipulation of marriage data. The implementation of this system has had an impact on increasing the transparency, accountability, and reliability of marriage data at the KUA level. From a maslahah perspective, SIMKAH functions as an instrument for protecting the public interest (ḥifẓ al-maṣlaḥah al-‘āmmah) by preventing mafsadah in the form of data falsification and ensuring legal certainty for all parties. The novelty of this research lies in the integration of the analysis of the marriage administration information system with the maslahah framework in Islamic law. This research has implications for strengthening the policy of digitizing religious services and developing fair, accountable, and maslahah-oriented marriage registration governance.
Transformasi Simbol dan Pergeseran Identitas yang Bergeser: Sebuah Studi Antropologi Budaya tentang Rimpu dan Hukum Islam dalam Masyarakat Bima Mujahidin, Mujahidin; Naping, Hamka
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 7 ISSUE 2, MAY 2026
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v7i2.61657

Abstract

This article aims to analyze how the Bima community interprets and reconstructs the Rimpu tradition as a cultural symbol intersecting with Islamic law, to identify the various forms of practice, modification, and contestation of Rimpu within social life and digital spaces, and to examine how Rimpu adapts amid contemporary modernization. The study employs a qualitative approach using ethnographic methods—including participant observation, in-depth interviews, and documentation—to produce a detailed and comprehensive account of this socio-cultural phenomenon. The findings reveal that Rimpu functions as a symbol of morality and honor as well as a mechanism of social control rooted in the Maja Labo Dahu value system of Bima society. Rimpu constitutes part of a cultural habitus reproduced through socialization processes within families and communities. A significant shift has occurred from collective obligation to individual choice, accompanied by the commodification of Rimpu within the cultural economy—particularly through festivals and creative industries, including rimpu cili for young girls and rimpu colo for adult women—now featured in cultural parades, local beauty contests, and public performances as a visual representation of Bima identity. This transformation reflects an ongoing negotiation between Islamic values, cultural identity, and the forces of modernity. The article recommends that local government strengthen sustainable cultural preservation programs, support local culture-based MSMEs and creative industries, and integrate cultural education into the formal education system.
Integrasi Fikih dan Kesehatan Masyarakat dalam Perlindungan Kesehatan Ibu dan Anak: Perspektif Maqāṣid al-Syarī‘ah Rahman R, Abd; Arranury, Zilfadhilah
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.v7i1.62928

Abstract

Maternal and child health is a strategic indicator in public health development because it is directly related to the quality of human resources and generational sustainability. From an Islamic perspective, efforts to maintain maternal and child health are not only of social and medical value, but also represent the implementation of the objectives of Sharia (maqāṣid al-syarī‘ah), particularly the protection of life (ḥifẓ al-nafs), offspring (ḥifẓ al-nasl), and reason (ḥifẓ al-‘aql). This study aims to analyze the role of fiqh in supporting maternal and child health programs through the maqāṣid al-syarī‘ah approach in the context of public health. This study uses a qualitative method with a normative-theological approach, through a review of classical and contemporary fiqh literature and an analysis of public health policies related to maternal and child health. The results of the study show that the principles of maqāṣid al-syarī‘ah are substantively consistent with promotive and preventive strategies in public health, such as pregnancy planning, regular pregnancy check-ups, safe childbirth, and exclusive breastfeeding. In addition, fiqh provides an ethical and normative framework for medical decision-making involving mothers and children, including the use of contraception, cesarean section, and neonatal care. These findings confirm that the integration of maqāṣid al-syarī‘ah into public health policies and practices can strengthen a holistic, equitable approach to health care that is in harmony with spiritual values and universal health principles.
Paradigma Etik Hukum dalam Konsep Tri Hablum sebagai Penguatan Regulasi Penanggulangan Kerusakan Lingkungan: Analisis Fikih Biah Anwar, Nurul Mutmainna; Syukur, Muh.; Adnan, Ayu Zakinah
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.v7i1.63019

Abstract

Increasing environmental damage shows the limitations of modern environmental law, which still focuses on technical and administrative aspects, while ethical and spiritual dimensions have not been adequately integrated into its normative framework. This condition calls for the strengthening of an ethical-legal foundation that is capable of responding to the environmental crisis in a more holistic manner. This study aims to analyze the concept of Tri Hablum—which includes hablum minallah, hablum minannas, and hablum minal 'alam—as an ethical and normative basis in fiqh bī'ah in order to strengthen the construction of environmental law from an Islamic law perspective. The research problem focuses on the weak ethical-spiritual basis in environmental law regulation and enforcement and the relevance of the Tri Hablum concept as an alternative normative framework. This research is a qualitative literature-based study with a normative and conceptual approach. The research data is sourced from the Qur'an, hadith, fiqh rules, environmental fiqh literature, and relevant laws and regulations, which are analyzed through content analysis and contextual text interpretation techniques. The results of the study show that the Tri Hablum concept forms an integrative and interrelated ethical-legal framework. Hablum minallah places environmental protection as a manifestation of obedience to Allah and human responsibility as caliphs on earth. Hablum minannas emphasizes that environmental damage is directly correlated with social justice and the fulfillment of the collective rights of the community to a good and healthy environment. Meanwhile, hablum minal 'alam views nature as a trust that demands protection, prevention, and sustainable restoration. The novelty of this research lies in the formulation of Tri Hablum as a systemic, integrative, and applicable normative framework of fiqh bī'ah. This research has implications for strengthening the environmental law paradigm so that it is not solely oriented towards administrative compliance, but is also based on moral awareness, social justice, and ecological sustainability.
Rekonstruksi Penalaran Hukum Islam dari Fiqih Klasik ke Konteks Digital: Pendekatan Mazhab Komparatif Sebagai Basis Moderasi Keagamaan Faizin, Slamet Imam; Luthfiana, Aas; Pramono, Dwi; Aziza, Fitrotul; Siyono, Siyono
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.v7i1.63443

Abstract

The development of digital technology has changed the landscape of religious knowledge production and authority, including in the field of Islamic law. This transformation has opened up broad access to fiqh discourse, but at the same time has given rise to serious challenges in the form of fragmentation of scientific authority, simplification of legal reasoning, and the strengthening of polarization and exclusive religious attitudes. This article aims to reconstruct Islamic legal reasoning from the classical fiqh framework to the digital context by placing the comparative madhhab approach as the epistemological basis for strengthening religious moderation. The main issue of this research focuses on how the methodology of cross-madhhab ijtihad can be systematically adapted to respond to the dynamics of digital diversity without eliminating the scientific and ethical legitimacy of Islamic law. This research uses a qualitative method based on literature study with a normative, comparative, and conceptual hermeneutic approach. Data were obtained from the uṣūl al-fiqh and classical fiqh books of the four Sunni madhhabs, contemporary academic literature, and religious moderation policy documents. The results of this study indicate that the comparative approach is capable of reconstructing Islamic legal reasoning in the digital context through the strengthening of epistemological pluralism, the integration of adaptive istinbāṭ methodologies to the digital social context, and the revitalization of scientific authority based on methodological transparency. The novelty of this research lies in the formulation of a framework for digital Islamic legal reasoning that makes fiqh muqāran an operational and contextual instrument of religious moderation. This research has implications for strengthening Islamic legal literacy, developing adaptive religious education, and forming an inclusive, critical, and balanced digital religious ecosystem.