cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
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
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 373 Documents
 34   35   36   37   38 
Ketidakadilan Distribusi Manfaat dalam Pengelolaan Sumber Daya Alam di Kalimantan Timur: Telaah Kritis atas Implementasi Pasal 33 UUD 1945 Arundaya, Maheswari; Syifa, Triyara Annisa Nur; Arifin, Sheila Aurelia; Suryaningsih, Suryaningsih
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.v7i1.63463

Abstract

The unfair distribution of benefits in natural resource management is a persistent legal and institutional problem in Indonesia, particularly in East Kalimantan, even though Article 33 of the 1945 Constitution of the Republic of Indonesia explicitly places state control over natural resources as a constitutional instrument for realizing the welfare of the people. This study focuses on the gap between the constitutional norms of Article 33 of the 1945 Constitution and the practice of natural resource management, which is still rife with abuse of authority and unequal distribution of benefits. This study aims to critically analyze the implementation of Article 33 of the 1945 Constitution in the policies and practices of natural resource management in East Kalimantan and to identify the institutional factors that influence distributive injustice. The main problems of this research lie in the weak design of natural resource management institutions, the fragmentation of authority among state actors, and the strong intervention of political and economic interests that open up opportunities for corruption. This study uses a qualitative research method with a normative juridical approach combined with institutional analysis. Data was obtained through a literature study of laws and regulations, relevant court decisions, official reports from the Corruption Eradication Commission related to the evaluation of the National Movement for the Preservation of Natural Resources (GNP SDA), and academic literature, which was analyzed using the Institutional Analysis and Development (IAD) framework. The results of the study show that the inconsistency between constitutional rules and policy implementation is reflected in weak oversight mechanisms, overlapping sectoral regulations, and low community participation in decision-making on natural resource management. These conditions lead to the concentration of economic benefits in certain groups, while local communities bear the social, economic, and ecological burdens. The novelty of this study lies in the use of the IAD framework to explain the unfair distribution of natural resource benefits from a constitutional law perspective. This study implies the need for institutional reform, strengthening legal accountability, and restructuring natural resource management policies to be in line with the principles of distributive justice and the constitutional mandate of Article 33 of the 1945 Constitution.
Perlindungan Konsumen terhadap Barang Rusak dengan Biaya Perlindungan dalam Platform E-commerce: Analisis Hukum Perdata Islam Asti, Mulham Jaki; Farhan, Muh
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.v7i1.66383

Abstract

This study examines the issue of legal protection for consumers against damaged goods that are still subject to protection fees on e-commerce platforms from the perspectives of positive law and Islamic jurisprudence (fiqh muamalah). The problem arises from the practice in which consumers, despite paying additional product protection fees, often face difficulties in obtaining compensation when the goods received are defective or not in accordance with the agreement. This research aims to analyze the forms of legal protection provided under Indonesian legislation, particularly Law Number 8 of 1999 concerning Consumer Protection and regulations governing electronic commerce, while also assessing the practice based on the principles of fiqh muamalah such as justice (al-‘adl), the prohibition of gharar (uncertainty), the prohibition of tadlis (fraud), and the concept of khiyar (option rights). The study employs a normative juridical method using statutory and conceptual approaches and adopts a comparative analysis between positive law and Islamic law. Data were collected through library research involving primary, secondary, and tertiary legal materials. The findings indicate that under positive law, consumers are entitled to accurate information, compensation, and legal remedies; however, the regulation concerning product protection fees is not specifically governed, resulting in gaps in its implementation. From the perspective of fiqh muamalah, the imposition of protection fees is permissible as long as it upholds transparency, contractual clarity, and fairness, and does not contain elements of uncertainty or injustice. Therefore, regulatory strengthening and harmonization between positive law and Islamic principles are necessary to ensure fairer, more certain, and more effective consumer protection in e-commerce transactions.
Prinsip Proporsionalitas dan Kebebasan Berekspresi dalam Kitab Undang-Undang Hukum Pidana (KUHP) Revisi Indonesia: Sebuah Analisis Demokrasi Deliberatif Tahir, Muh. Taqwin; Yanlua, Muh. Akbar; Lawung, Mario Aprio Almit
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.v7i2.66961

Abstract

This article examines the regulation of freedom of expression in Indonesia's new Criminal Code with a focus on insults to the President/Vice President, insults to state institutions, and provisions on unrest and fake news that have the potential to limit the space for criticism and public discourse. The main issue raised is whether the configuration of the restrictions is in line with the principle of proportionality and how its implications are for the quality of deliberative democracy in Indonesia. In particular, the article links the constitutional guarantee of freedom of expression in the 1945 Constitution and international law with the design and potential application of new articles of the Criminal Code that touch on the realm of political expression and expression in the digital space. This research uses normative legal methods with legislative, conceptual, and case approaches, based on an analysis of the 1945 Constitution, international law, laws, Constitutional Court decisions, and the latest literature on freedom of expression, the principle of proportionality, and deliberative democracy. The principle of proportionality is applied to assess the extent to which restrictions in the new Criminal Code are justifiable in a democratic society. The results of the study show that, although formally meeting the requirements for restrictions through the law, a number of new articles of the Criminal Code have the potential to close discursive spaces that are oriented towards excessive protection of state officials and institutions, as well as ignore the availability of non-criminal instruments that are less intrusive, thus failing to meet the test of necessity and nonexcessiveness. This configuration has implications for the strengthening of the chilling effect and self-censorship in the public space, which in turn reduces the quality of democracy in Indonesia. The article recommends normative correction through testing in the constitutional court and revision of the law to be in harmony with the ideals of a democratic state of law.
Wacana Pluralitas Agama dalam Islam: Kajian Hadis Ahkam terhadap Makna dan Cakupan Ahl al-Kitab dalam Tafsir M. Ghalib Rif’ah, Andi Muh. Afwaz Fafaza; Abubakar, Achmad; Irham, Muhammad
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.v7i2.68172

Abstract

This study examines the concept of Ahl al-Kitab through the exegetical framework of M. Ghalib, focusing on the meaning, scope, and jurisprudential implications derived from legal hadiths (hadith ahkam) in his Qur'anic interpretation. Employing a qualitative approach through library research, this study analyzes M. Ghalib's exegetical methodology and situates his views within the broader discourse of classical and contemporary Islamic scholarship. The findings reveal that M. Ghalib's exegesis acknowledges Ahl al-Kitab as adherents of divinely revealed religions while distinguishing between those who maintain peaceful coexistence and those who adopt a hostile stance toward Muslims. On jurisprudential matters, his interpretive framework addresses three principal issues: first, the permissibility of consuming food slaughtered by Ahl al-Kitab, which M. Ghalib allows under specific conditions consistent with the majority scholarly position; second, the marriage of Muslim men with Ahl al-Kitab women, which he permits with certain qualifications, contrasting with the Indonesian Ulema Council (MUI) fatwa prohibiting such unions on grounds of maslahah; and third, the issues of greeting (salam) and social guardianship (walayah), which he treats as contextual rather than absolute prohibitions. Overall, M. Ghalib's exegesis reflects a hermeneutical orientation that balances theological integrity with openness toward religious plurality, grounded in the Qur'anic principles of tolerance and social justice. This study contributes to the contemporary discourse on Islamic legal pluralism and offers practical insights for religious scholars, educators, and policymakers engaged in fostering interfaith harmony within the pluralistic context of Indonesia.
Pluralisme Hukum dalam Sistem Kewarisan Anak Bungko: Dialektika Hukum Adat dan Hukum Islam di Masyarakat Pangkep Maulidah, Tahani Asri; Kurniati; Ilyas, Musyfikah; Tahir, Juraeri; Idrus, Achmad Musyahid
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.v7i2.68614

Abstract

This study examines the inheritance distribution practice of the youngest child (anak bungko) in the Pangkep community from the perspective of legal pluralism between customary law and Islamic law. The main issue is the practice of granting a larger inheritance share to the youngest child, which does not fully conform to Islamic inheritance law. The research questions address the practice itself, societal and Islamic legal perspectives, and its implications for family justice. This study uses a qualitative method with a socio-legal approach based on literature review. The findings show that the larger share given to the youngest child is based on their social role in caring for parents and maintaining family continuity. While considered fair socially, it requires adjustment in Islamic law through grants and wills. This reflects a dynamic interaction between customary and Islamic law within legal pluralism.
Antara Tata Kelola Syariah dan Hukum Negara: Perspektif Siyāsah Syarʻiyyah tentang Integrasi Fiqih Bīʻah dalam Perlindungan Hutan Mangrove di Kabupaten Sinjai Majid, Nurchaliq; Selvi, Selvi
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.v7i2.56180

Abstract

Mangrove forest protection requires not only effective state regulation but also the incorporation of religious values that strengthen environmental responsibility. From the perspective of Siyasah Syarʻiyyah, government policies aimed at promoting public welfare (maslahah), including environmental conservation, constitute an essential component of Sharia governance. This study analyzes the efforts of the Sinjai Regency Government to protect mangrove forests and examines the integration of Fiqh Biʻah into the existing legal protection framework from the perspective of Siyasah Syarʻiyyah. This study employed a qualitative case study approach. Primary data were collected through field observations, in-depth interviews, and documentation, while secondary data were obtained from statutory regulations, scholarly literature, and other relevant documents. The data were analyzed descriptively by integrating the perspectives of state law and Siyasah Syarʻiyyah. The findings reveal that the Sinjai Regency Government has implemented mangrove protection through legal regulations, the enforcement of administrative and criminal sanctions against environmental offenders, and the establishment of community-based environmental groups actively engaged in mangrove conservation. From the perspective of Fiqh Biʻah, these measures are consistent with Islamic principles that prohibit environmental destruction (fasad) and assign the state responsibility for safeguarding the public interest through environmental protection. The integration of state law and Islamic legal values has strengthened environmental governance while encouraging greater community participation in preserving mangrove ecosystems. Mangrove forest protection in Sinjai Regency demonstrates that integrating Fiqh Bīʻah into government environmental policies through the framework of Siyasah Syarʻiyyah contributes to a more effective and sustainable governance model by harmonizing state law with Islamic environmental ethics to achieve ecological sustainability and public welfare.
Pemutusan Hubungan Kerja yang Tidak Sah dan Pelanggaran Hak-Hak Pekerja: Sebuah Analisis Melalui Yurisprudensi Muamalah Islam dan Undang-Undang Ketenagakerjaan Indonesia Al'Amin, Dzulkifli; Amriyani, Riza
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.v7i2.57313

Abstract

Cases of employment termination that disregard workers' statutory rights remain a recurring problem in Indonesia's industrial relations landscape. This study examines one such case — Court Decision No. 29/Pdt.Sus-PHI/2023/PN Mks — in which a worker was dismissed unilaterally without receiving legally mandated severance and compensation. Using a normative juridical approach with conceptual and statutory analysis, this study draws on court documents and relevant legal literature to investigate how both Islamic muamalah jurisprudence and Indonesian labor law address wrongful termination. The findings show that Indonesian labor law, particularly Law No. 13 of 2003 and its amendment under Government Regulation in Lieu of Law No. 2 of 2022, explicitly requires severance pay and procedural fairness in any termination process. From the perspective of fiqh muamalah, unilateral dismissal without prior deliberation and without fulfillment of the worker's rights contradicts the foundational principles of ijarah — a contractual relationship that demands mutual consent and equitable treatment between employer and employee. The case under study reveals a clear violation of both legal frameworks, compounded by weak enforcement mechanisms. This study argues that stronger integration between Islamic legal values and national labor regulation, alongside consistent judicial and administrative enforcement, is essential to building a more just employment protection system in Indonesia.
Hijab, Normativitas Agama, dan Female Agency dalam Antropologi Sosial dan Fikih Islam: Eksplorasi Etnografis Praktik Hijab Kontekstual di Kalangan Mahasiswi Universitas Hasanuddin Sari, Fitria Dwi Ambar; Yahya, Yahya; Basir, Muhammad
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.v7i2.64284

Abstract

The hijab is regarded in Islamic jurisprudence as a religious obligation for Muslim women. However, within contemporary social contexts, its practice has increasingly become a site of negotiation between religious normativity, individual agency, and socio-cultural influences. This study examines contextual hijab practices among female students at Hasanuddin University by exploring how they interpret, negotiate, and perform the hijab in everyday life through the perspectives of social anthropology and Islamic jurisprudence. This research employed a qualitative ethnographic approach to capture the lived experiences of participants within their natural social environment. Data were collected through in-depth semi-structured interviews, participant observation, and field notes involving fourteen female students at Hasanuddin University who demonstrated contextual or inconsistent hijab practices. The data were analyzed using thematic analysis, integrating anthropological concepts of agency and identity with Islamic jurisprudential perspectives on religious obligations. The findings reveal that contextual hijab practices emerge from the dynamic interaction between religious commitment, personal autonomy, peer influence, fashion trends, campus culture, and family expectations. Participants did not generally reject the normative religious status of the hijab; instead, they continuously negotiated its implementation according to particular social settings and personal circumstances. These practices illustrate that female agency operates not as resistance to religion but as an adaptive process through which religious norms are interpreted and embodied within diverse social contexts. The study also found that participants experienced varying forms of social response, ranging from acceptance and indifference to moral judgment and stigmatization. Contextual hijab practices among female students demonstrate that the hijab functions simultaneously as a religious obligation, a cultural symbol, and a marker of personal identity. Integrating social anthropology with Islamic jurisprudence provides a more comprehensive understanding of how religious normativity and female agency coexist through continuous negotiation within contemporary Muslim society.
Melampaui Pelaku: Meninjau Kembali Subjek Hukum dalam Politik Uang Melalui Siyāsah Dustūriyyah dan Peraturan Pemilu Indonesia Palinrungi, Inda Sari; Dalle, Jumarni; Rasdiana, Rasdiana; Alimuddin, Hardiyanti
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.v7i2.65401

Abstract

Money politics remains one of the most persistent electoral violations hindering the realization of democratic, free, and fair elections in Indonesia. Although Indonesia's election laws prescribe criminal sanctions for such practices, the legal construction of criminal liability remains limited to specific categories of offenders. This issue has gained renewed attention following Constitutional Court Decision No. 59/PUU-XXII/2024, which rejected the proposed expansion of the legal subject of money politics offenses on the grounds that such reform falls within the legislature's open legal policy. This study aims to examine the legal subject of money politics under Indonesia's election regulations and to reassess its construction through the perspective of siyasah dusturiyyah. This study employed normative legal research using statutory, conceptual, and case approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively through a descriptive-analytical method by examining Law No. 7 of 2017 on General Elections alongside its constitutional development through Constitutional Court Decision No. 59/PUU-XXII/2024. The findings indicate that the existing legal framework primarily imposes criminal liability on direct perpetrators and does not comprehensively encompass other actors involved in the chain of money politics, including intermediaries, political beneficiaries, and affiliated parties. Constitutional Court Decision No. 59/PUU-XXII/2024 maintains this legal construction by recognizing the expansion of legal subjects as a matter of legislative policy. From the perspective of siyasah dusturiyyah, however, such limitations do not fully reflect the principles of justice, public welfare, accountability, and constitutional responsibility, as all parties contributing to electoral corruption should be subject to legal accountability. Reformulating Indonesia's election regulations is necessary to broaden the legal subject of money politics beyond direct perpetrators to include all actors contributing to electoral violations. Such reform would strengthen law enforcement, enhance electoral integrity, and promote democratic governance consistent with the principles of siyasah dusturiyyah.
Pekerja Anak dalam Produksi Pertanian: Menilai Kembali Batasan Pekerjaan Anak Melalui Maqasid al-Syariah di Negara Bagian Kwara, Nigeria Abolaji, Abdulraheem Taofeeq
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.v7i2.67111

Abstract

Kwara State, Nigeria, where agriculture remains the primary source of livelihood, continues to experience widespread child labour due to weak enforcement of labour regulations and persistent household poverty. Children's involvement in agricultural production frequently exceeds acceptable forms of work, exposing them to risks that threaten their health, education, and overall development. This study reassesses the limits of children's work in agricultural production through the perspective of Maqasid al-Shariah by examining whether existing practices are compatible with the Islamic objectives of child protection. This study employed a qualitative research design combining doctrinal analysis of Islamic legal sources with empirical field research. Primary data were collected through in-depth interviews and focus group discussions involving farmers, parents, children, and Islamic scholars in Kwara State. The data were analyzed thematically using the analytical framework of Maqasid al-Shariah. The findings reveal that child labour in agricultural production is primarily driven by poverty, limited access to education, and cultural norms that normalize children's economic participation. Although Islam recognizes the educational value of age-appropriate work and family responsibility, children's involvement in hazardous agricultural activities that interfere with education and endanger their physical and psychological well-being is inconsistent with the objectives of Maqasid al-Shariah, particularly the protection of life, intellect, lineage, and human dignity. The study further finds that the concept of maturity in Islamic law should not be interpreted as a justification for exploitative child labour. Reassessing the limits of children's work requires integrating labour regulations with the principles of Maqasid al-Shariah to establish a balanced framework that protects children's rights, prevents exploitation, and promotes sustainable human development in Kwara State, Nigeria.

Page 37 of 38 | Total Record : 373

 34   35   36   37   38 

Filter by Year

2020 2026


Reset
Filter By Issues
All Issue VOLUME 7 ISSUE 2, MAY 2026 VOLUME 7 ISSUE 1, JANUARY 2026 VOLUME 6 ISSUE 3, SEPTEMBER 2025 VOLUME 6 ISSUE 2, MAY 2025 VOLUME 6 ISSUE 1, JANUARY 2025 VOLUME 5 ISSUE 3, SEPTEMBER 2024 VOLUME 5 ISSUE 2, MAY 2024 VOLUME 5 ISSUE 1, JANUARY 2024 VOLUME 4 ISSUE 3, SEPTEMBER 2023 VOLUME 4 ISSUE 2, MAY 2023 VOLUME 4 ISSUE 1, JANUARY 2023 VOLUME 3 ISSUE 3, SEPTEMBER 2022 VOLUME 3 ISSUE 2, MAY 2022 VOLUME 3 ISSUE 1, JANUARY 2022 SEPTEMBER Januari MEI Vol. 1, No. 3, September 2020 Vol. 1, No. 2, Mei 2020 Vol. 1, No. 1, Januari 2020 More Issue