Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum最新文献

{"title":"Percikan Najis dari Genangan Air Pembuangan; Studi Kasus Eksploratif Civitas Akademika UIN Alauddin Makassar","authors":"Muh. Rhesa Alif, Achmad Musyahid","doi":"10.24252/shautuna.vi.24367","DOIUrl":"https://doi.org/10.24252/shautuna.vi.24367","url":null,"abstract":"Islamic law teaches a variety of taharah. Muslims in taharah are prescribed beristinja ', gargling, putting water in the nose, brushing teeth (siwak), shaving hair and so on. All activities carried out realize personal hygiene while anticipating the arrival of disease. To perform prayers and other ghairu mahdhah worship, Muslims are required to perform ablution. Wudhu in the sense of pure water that is clean from najis in addition to cleansing the lahiriyah also cleanses oneself internally, because prayer is an approach to Allah SWT","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122545099","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Fasakh Perkawinan Karena Suami Impoten Perspektif Imam al-Syafi’i dan Undang¬-Undang Perkawinan","authors":"M. Azis, A. Qayyum","doi":"10.24252/shautuna.vi.24093","DOIUrl":"https://doi.org/10.24252/shautuna.vi.24093","url":null,"abstract":"This journal discusses the Fasakh of Marriage Due to Impotent Husbands according to Imam Syafi'I and the Marriage Act. Fasakh is something that is allowed in Islamic law, but how is the law of marriage because the husband is impotent if it is seen according to Imam Syafi'i and the marriage law and how is the relevance between the two laws. This research is a library research that aims to analyze the views of Imam Syafi'i and the Marriage Law regarding the marriage phase because the husband is impotent. In this study, the authors use a normative-juridical approach, namely an approach with the aim of discovering legal doctrines or principles relating to marriage marriages, so that they are expected to be able to clearly analyze the views of Imam Syafi'i and the Marriage Law regarding marriage marriages because impotent husband with data collection techniques through a review of library materials related to the problem. Based on the results of the study, based on the opinion of the Imam Shafi'I school (fiqh munakahat) if the husband is impotent and his impotence results in the purpose of marriage being not achieved, either for procreation or for having sexual relations and causing suffering for his wife, the wife has the right to sue Faskh and the judge may validate the marriage if it is proven. Meanwhile, in the Marriage Law regarding the concept of marriage because the husband is impotent, it is explained in Article 22 of Law Number 1 of 1974 concerning marriage, that: \"a marriage can be annulled if the parties do not meet the requirements to enter into a marriage\". The conditions referred to are described in more detail in Article 19 letter (e) of Government Regulation Number 9 of 1975 concerning divorce can occur for reasons, namely that one of the parties has a disability or illness which results in not being able to carry out his obligations as a husband. However, the Marriage Law does not regulate in detail the diseases that can be submitted as reasons for divorce. The benchmark is where the disability or disease interferes with the parties carrying out their obligations as husband and wife, then the disability or disease can be submitted as a reason for divorce. the impossibility of carrying out the obligations required in Article PP No. 9 of 1975 Article 19 Letter (e) is an impotent disease that is permanent or for a long time. The relevance between the Munakahat Fiqh and the Marriage Law regarding the marriage phase because the husband is impotent is the existence of a relationship that explains and complements each other","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126513778","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Implikasi Wakaf Terhadap Kesejahteraan Masyarakat di Pondok Modern Ittihadul Ummah Gontor 11 Perspektif Maslahah Mursalah","authors":"Amri Hanan","doi":"10.24252/shautuna.vi.24280","DOIUrl":"https://doi.org/10.24252/shautuna.vi.24280","url":null,"abstract":"This thesis discusses \"Implications of Waqf on Community Welfare at Modern Islamic Boarding School Ittihadul Ummah Gontor 11 Poso, Central Sulawesi, Maslahah Mursalah Perspective\". With this research, it can provide a clearer understanding of the implications of waqf in the welfare of the people in Pondok Modern Ittihadul Ummah Gontor 11 Poso. This research was conducted by descriptive qualitative field research. Descriptive Qualitative Research Field. With a syar'i approach and an empirical juridical approach. The sources of data in this study, namely: Primary data, secondary data and searches of various literatures or references. Data collection methods used are observation, interviews, and documentation. Data processing and analysis techniques are carried out through three stages, namely: data identification, data reduction, and data editing. The results of this study indicate that the impact of the benefit of waqf from business units whose profits can later be useful for the development of the sectors in the cottage both from the operational side of the cottage, the needs of the cottage that are monthly operational can be in the cafer with the benefits of the waqf unit - business units in the cottage, so that the sustainability of life in the cottage does not depend on monthly payments from the students but from existing business units. 2. The forms of benefit of waqf on the welfare of the community are certainly very influential on the survival of the cottage, one of which is the workers in the cottage from outside communities such as construction workers, kitchen workers, and so on, all of which are based on waqf-waqf funding. This business unit is not only for the students but can also be enjoyed by the community, so that the community feels helped by the existence of these Pondok business units. The implications of this research are: With the implications of waqf on the welfare of the community at Pondok Modern Ittihadul Ummah Gontor 11 Poso in the perspective of maslahah mursalah we can find out the impact and forms of benefit of waqf, especially in business units in Pondok Modern Ittihadul Ummah Gontor 11 Poso This research is expected to have an impact on increasing the cottage community and the community outside the cottage with the existence of business units. (Implication, waqf, business units, welfare, community, Gontor)","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126930001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Tradisi Makkuliwa Lopi Pada Masyarakat Mandar Balanipa Dalam Perspektif Hukum Islam","authors":"Arhamarrahimin, Kasjim Salenda","doi":"10.24252/shautuna.vi.24584","DOIUrl":"https://doi.org/10.24252/shautuna.vi.24584","url":null,"abstract":"The focus of the research discussion is on: The history of the makkuliwa lopi tradition in the Mandar Mandar community in the Balanipa District, Polewali Mandar Regency, the process of implementing the makkuliwa lopi tradition in the Balanipa Mandar community, Polewali Mandar Regency and the perspective of Islamic law in the makkuliwa lopi tradition in the Balanipa Mandar community, Polewali Mandar Regency. This study shows that fishing traditions such as makkuliwa lopi by the Mandar Majene community have the intent and purpose of celebrating the new boat and asking for prayers for safety and blessings for the boat. The implementation of the tradition can take place at any time but the time and its implementation still take into account the time and day that are considered good. The perpetrators of this tradition are boat owners, local priests, boat builders and mustard (captain) boats. The implication of this research is that Mandar fishing traditions such as makkuliwa lopi need to be maintained and get more attention from the younger generation in order to know the diversity of local wisdom","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133839590","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Feminist Legal Theory dalam Peraturan Mahkamah Agung; Studi Analisis Hukum Islam","authors":"Iin Aulia Mahardini, Siti Aisyah","doi":"10.24252/shautuna.vi.23856","DOIUrl":"https://doi.org/10.24252/shautuna.vi.23856","url":null,"abstract":"This article aims to analyze how the feminist legal theory in the Supreme Court Regulation number 3 of 2017 concerning guidelines for adjudicating women's cases in conflict with the law (analytic study of Islamic law). In answering the problems above, the author uses library research which is guided by the processing of data obtained from several literatures. The sources of data obtained include secondary and primary data. This research approach using a qualitative approach is something that is based on a literature study by exploring scientific works that are directly related to the object being studied and analyzing in the literature that has relevance to the problem being discussed, then reviewing and then concludin. The results of this study are how then the urgency of feminist legal theory in adjudicating women's cases against the law. The series of law enforcement processes from investigation, prosecution, to trial in court must comply with the reasoning of the laws and regulations. However, conformity with statutory regulations is not enough, because often court decisions that are in accordance with statutory regulations fail to fulfill a sense of justice and do not even reach the truth of a logical truth. The general character of law formation is often not based on the experience of women and its formulation is more on the granting of power to suppress others, including against women. This is inseparable from the construction of patriarchal ideology and culture","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116075288","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Pandangan Hukum Islam Tentang Sewa-menyewa Tanah Dengan Sistem Pembayaran Panen","authors":"Ikmal Ikmal, A. Rahman","doi":"10.24252/shautuna.vi.22010","DOIUrl":"https://doi.org/10.24252/shautuna.vi.22010","url":null,"abstract":"This journal discusses \"Islamic legal views on land rent with a harvest payment system in Patte'ne village, Takalar district\". Leasing is included in the law of engagement because in a lease there are at least two parties who enter into an agreement, one party states that he is able to give something and the other party binds himself in an agreement to help each other meet their respective needs. Likewise with the prevailing custom in Patte'ne Village, Takalar Regency, they often hold land lease transactions with a harvest payment system, so it is detrimental to the tenants because the payment system is not clear. This research was conducted by field research or empirical juridical research. With a sociological juridical approach and a statutory approach. The sources of data in this study, namely: Primary data, secondary data and searches of various literatures or references. Data collection methods used are observation, interviews, and documentation. Data processing and analysis techniques are carried out through three stages, namely: data identification, data reduction, and data editing. This type of research is a field research using a normative descriptive method. normative descriptive research is research that aims to accurately describe the characteristics of a particular thing, individual, symptom, situation or group. Based on the research used above, it can be concluded that in the implementation of the contract carried out verbally there is no written agreement between the two parties based on mutual trust with one another and they enter into a land lease transaction with a harvest payment system so it is detrimental to the tenant because the payment system is not clear, in the event of a disaster or loss then this is the responsibility of both parties. The implementation of the land lease in Patte'ne Village, Takalar Regency does not meet the requirements in the land lease contract.","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133355470","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Penggunaan Alkohol dalam Upaya Pencegahan Covid-19; Analisis Maslahah Mursalah","authors":"Andi Mallarangang, Abdul Wahid Haddade","doi":"10.24252/shautuna.vi.24319","DOIUrl":"https://doi.org/10.24252/shautuna.vi.24319","url":null,"abstract":"This article aims to describe and analyze the maslahah mursalah method of using alcohol as an effort to prevent covid-19. In answering these problems, the author uses library research which is guided by the management of data obtained from various literatures. The sources of data found include primary and secondary data. This research approach uses a qualitative and normative-juridical approach which is something based on literature study by examining scientific works that are directly related to the object being studied and related legal provisions, then analyzing in the literature that has relevance to the problem being discussed, then review and conclude. The results of this study indicate that, there are many benefits contained by alcohol in preventing the transmission of covid-19 through the analysis of maslahah mursalah. In this paper there are many explanations about the dangerous impact of covid-19 which is a terrible scourge for all mankind, because this disease attacks the human respiratory system to cause death that spreads through touch (droplets). However, mankind is always making new breaktroughs in preventing this, namely using alcohol as a very effective cleaning tool in the covid-19 outbreak situation (Handsanitizer and Disenfektan) because the content in alcohol is useful as a bacteria killer because alcohol itself is hot and flammable. Through the analysis of maslahah mursalah, there are various kinds of Islamic legal provisions in using alcohol, because maslahah mursalah itself is a method to achieve goodness and benefit. The explanation about alcohol itself has been listed in the texts, which is something that is prohibited but is an emergency need ini midst of covid-19 outbreak. Alcohol which is something that is prohibited will be useful as a cleaning tool to prevent the transmission of covid-19","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129156760","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Hak Milik Atas Tanah Perspektif Imam al-Syafi’i dan Imam Ahmad bin Hanbal","authors":"Anugrah Majid, Abdi Wijaya","doi":"10.24252/shautuna.vi.23857","DOIUrl":"https://doi.org/10.24252/shautuna.vi.23857","url":null,"abstract":"This article aims to describe and analyze related to land ownership rights, viewed from the perspective of Islamic law from the point of view of Imam Syafi'i and Imam Hambali which is then related to what happened in Ex. Bara-barayya, Kec. Makassar, Makassar City. In answering the problems above, the author uses a type of research that is classified as qualitative with the research approaches used are: theological-normative, pedagogical, psychological, and sociological. The sources of data for this research are local residents of Bara-barayya and community leaders. Furthermore, the data collection methods used were observation, interviews, documentation, and reference tracing. Then, data processing and analysis techniques were carried out through three stages, namely: data reduction, data presentation, and drawing conclusions. The results of this study indicate the history of the birth of land disputes in the Bara-barayya Village, Makassar District, Makassar City and also discuss the process of resolving land disputes, with this thesis it is hoped that this thesis can be a contribution to people who want to know more details about the history of disputes and the existing dispute resolution process. in Bara-barayya Village, Makassar District, Makassar City.","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130779187","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Analisis Hukum Islam dan Hukum Positif Tentang Tindakan Aparat Negara Melakukan Spionase Terhadap Warga Negara","authors":"Asrudi, Zulhas’ari Mustafa","doi":"10.24252/shautuna.vi.23148","DOIUrl":"https://doi.org/10.24252/shautuna.vi.23148","url":null,"abstract":"This article aims to describe and analyze differences of opinion from the two legal bases, namely Islamic law and positive law regarding espionage by citizens against citizens. In answering the problems above, the author uses Library Research which is guided by the management of data obtained from several literatures. The sources of data obtained include secondary, primary and tertiary data. This research approach using a qualitative approach is something that is based on a literature study by exploring scientific works that are directly related to the object being studied and analyzing in the literature that has relevance to the problem discussed, then reviewing and then concluding. The results of this study indicate that there are differences and similarities in the views of Islamic law and positive law regarding the actions of state officials against citizens. In this paper, the opinion of Islamic law views that espionage carried out by state officials can be carried out if it is aimed at the interests of the State and Muslims. As the Prophet gave an example by sending trusted companions to spy on infidels and hypocrites who could endanger the security of Muslims at that time. However, apart from that, Islam strictly prohibits any spying if it is carried out on Muslims themselves, especially if the spying is groundless or only for personal gain as stated in the QS. Al-Hujurat paragraph 12. Then in positive law views that espionage may be carried out if the actions of the person who is the subject of spying has taken actions that are considered to violate the rules with sufficient preliminary evidence as regulated in the law relating to the permissibility of espionage. Outside of what is regulated in the law, espionage cannot be carried out because it violates a person's right to privacy as regulated in Law number 11 of 2008 concerning Information and Electronic Transactions","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"120 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116357757","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Perlindungan Hukum Terhadap Eksploitasi Tubuh Sales Promotion Girl; Studi Komparasi Hukum Islam dan Hukum Positif","authors":"Abdul Jalil Tanjung, Marilang","doi":"10.24252/shautuna.vi.24276","DOIUrl":"https://doi.org/10.24252/shautuna.vi.24276","url":null,"abstract":"The topic of discussion in this journal is the legal protection against exploitation of the sales promotion girl (SPG) body which is discussed in the legal order in Indonesia. Sales Promotion Girl (SPG) then received various forms of physical and non-physical exploitation which referred to Law no. 13 Regarding Manpower and the Criminal Code. Sales Promotion Girl (SPG) is a profession for women who are active in marketing or promoting a product by the company. Sales Promotion Girl (SPG) in carrying out their work not infrequently workers have to go to the field in the midst of a crowd to sell or promote products from companies where most of the consumers are men. The Sales Promotion Girl (SPG) body seems to play an important role in marketing the company's products because attractive appearance is the main criterion in this job, workers often experience other forms of exploitation and abuse at work. the author takes the understanding that there is exploitation of women's bodies as Sales Promotion Girl (SPG) and how the law provides legal protection against forms of exploitation experienced by Sales Promotion Girl (SPG) workers and how the analysis of Islamic law and positive law on the exploitation of women's bodies as sales promotion Girls (SPG).","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132967443","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}