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

{"title":"Tradisi Assuro Maca dalam Masyarakat di Kabupaten Gowa; Analisis Hukum Islam","authors":"Ibrahim Ibrahim, Zulhas’ari Mustafa","doi":"10.24252/shautuna.v2i3.21354","DOIUrl":"https://doi.org/10.24252/shautuna.v2i3.21354","url":null,"abstract":"The main problem of this research is how is the process of acculturation between Assuro Maca and the teachings of Islamic law? What is the process of implementing Assuro Maca in Tanakaraeng Village? How do people view the Assuro Maca tradition? The type of research used is field research or Field Research, namely the author conducts research directly to the location and at the same time the researcher is directly involved with the object studied in the study, this type of research is descriptive qualitative, namely, the research is intended to understand phenomena or events regarding the traditions carried out by Research subjects produce descriptive data in the form of verbal information from several people who are considered more knowledgeable, as well as the behavior and objects observed. The results of this study indicate that the Assuro Maca tradition is one of a series of events that should not be missed, this is a tradition that cannot be denied that it is a cultural product created by Muslims themselves, while the others have no clear origin but all of them. rooted in Islam. This event is carried out as a form of gratitude to Allah SWT for His grace and blessings so that our sustenance will be smooth and never broken, and that's why this tradition also encourages prayer and asks for protection and safety in the world in the hereafter. The implication of this research is to explain the cultural values contained in the process of the Assuro Maca tradition to the people in the village of Tanakaraeng ke. Manuju District. Gowa","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":" 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113947282","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":"Pertanggungjawaban Hukum terhadap Anak yang Melakukan Tindak Pidana Pembunuhan; Analisis Perbandingan Hukum Pidana Islam dan Positif","authors":"Andril Muharram, Abdul Wahid Haddade, Andi Fadli Natsif","doi":"10.24252/shautuna.v2i3.19332","DOIUrl":"https://doi.org/10.24252/shautuna.v2i3.19332","url":null,"abstract":"The problem raised or the purpose of this research is to find out how the concept of legal responsibility for children who commit the crime of murder with a correlation between Islamic law and positive law.To study and answer the problems in this thesis, a multisciplinary approach is used, namely the juridical normative (syar`i) / statutory (statue approach), historical (sociological approach), psychology (psychological approach) approach. This research is classified as a library research, data is collected by analyzing it by using content analysis with relevance to the issues that can be resolved and concluded. After conducting a study of the conspiracy, the results of the research show that children who are criminals can be accounted for legally and in positive law they are given sanctions whose main character and purpose is guidance. There are several laws that regulate this matter, namely Law Number 23 of 2002 concerning child protection. In contrast to Islamic law (fiqh), children's perceptions, and forms of responsibility make child crimes not subject to Uqubah (punishment), takzir (warning) and ta`dabiyyah (guidance) alone, the correlation between the two is the principle of determining punishment for a child as a perpetrator With a positive law that is different from child offenders in the provision of takzir and in terms of ta`dibiyah to children who commit criminal acts, it is maslaha hajiyat (secondary). For this reason, this research is expected to be a material for theoretical comparisons between positive law and Islamic law, comparative material and a reference for further research both relevant and from different variants, and / or reference material for material testing of existing child criminal actsSetelah mengadakan kajian terhadap perseolan tersebut hasil penelitian menuunjukan bahwa bagi anak pelaku pidana dapat dipertanggungjwabakan secara hukum serta dalam hukum positif diberikan sanksi yang sifat dan tujuan utamanya adalah pembinaan. Ada beberapa Undang-Undang yang mengatur tetntang hal tersebut yaitu Undang-Undang Nomor 23 Tahun 2002 tentang perlindungan anak. Berbeda dengan hukum islam (fikih), ersepsi anak, dan bentuk pertanggungjwaban membuat tindak pidana anak tidak dikenakan Uqubah (hukuman), takzir (peringatan) dan ta`dabiyyah (pembinaan) saja, korelasi dari keduanya adalah Asas penetapan hukuman bagi seorang anak sebagai pelaku dengan hukum positif yang berbeda dengan pelaku tindak pidana anak dalam pemberian takzir maupun ditinjau ta`dibiyah kepada anak yang melakukan tindak pidana merupakan maslaha hajiyat (sekunder). untuk itu, penelitian ini diharapkan sebagai bahan perbandingan teoritis  antara hukum positif dan hukum islam, bahan perbandingan dan acuan terhadap penelitian selanjutnya baik yang relevan, maupun dari varian yang berbeda, dan atau bahan acuan uji materil terhadap Undang-Undang tindak pidana anak yang telah ada.","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122603977","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 terhadap Pelaksanaan Akad Mudharabah bagi Petani Tambak di Pangkep","authors":"Ahmad Qurais, Abdi Wijaya","doi":"10.24252/shautuna.v2i3.19442","DOIUrl":"https://doi.org/10.24252/shautuna.v2i3.19442","url":null,"abstract":"Penelitian ini bertujuan untuk memberikan pemahaman kepad masyarakat kampung Baru-Baru Tanga khususnya pada petani tambak sering melaksanakan kerjasama dengan Akad Mudharabah (bagi hasil), bahkan mereka mempunyai rutinitas yang setiap waktunya dia laksanakan. Kemudian bagi hasil yang mereka terapkan yaitu kebiasaan/adat istiadat yang secara turun temurun telah dilaksanakan, apakah telah sesuai dengan hukum Islam atau tidak. Berdasarkan fenomena tersebut, maka peneliti memiliki peranan untuk meneliti pelaksanaan akad mudharabah pada petani tambak yang pada umumnya kurang memahami bagi hasil dalam Islam atau secara hukum Islam. Pembahasan selanjutnya akan dirumuskan dalam beberapa sub masalah, adapun sub masalah yang peneliti angkat adalah sebagai berikut: 1) Bagaimana proses akad mudharabah pada petani tambak di kampung Baru-Baru Tanga, Kelurahan Bonto Perak, Kecamatan Pangkajene, Kabupaten Pangkep? 2) Bagaimana proses pelaksanaan pembagian hasil akad mudharabah pada petani tambak di Kampung Baru-Baru Tanga, Kelurahan Bonto Perak, Kecamatan Pangkajene, Kabupaten Pangkep? 3) Sejauh mana pandangan hukum Islam terhadap pelaksanaan akad mudharabah pada petani tambak di Kampung Baru-Baru Tanga, Kelurahan Bonto Perak, Kecamatan Pangkajene, Kabupaten Pangkep?","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131530294","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 A’matoang Pasca Pernikahan di Kecamatan Binamu Kabupaten Jeneponto; Analisis Hukum Islam","authors":"Muh Akromi Arya Pratama, Arif Rahman","doi":"10.24252/shautuna.v2i3.21390","DOIUrl":"https://doi.org/10.24252/shautuna.v2i3.21390","url":null,"abstract":"The main problem in this research is related to the post-msrriage tradition of a’matoang which is still maintained today. This type of research is field research (field research) which is raised from the observation of social facts which is studied using a normative or syar'i theological approach and a sociological approach. The research data sources were obtained from the community and local community leaders. The method used in this research is direct observation and information gathering through interviews and is supported by reference studies related to the tradition of a'matoang after marriage in Binamu District, Jeneponto Regency. Data processing techniques performed in the from of data reduction filtering important information related to the object of research, presenting research data and drawing conclusions. The results of this study indicate that the people in Binamu District, Jeneponto Regency still maintain the tradition of a'matoang after marriage. However, based on the viewpoint of Islamic law, the a’matoang tradition dies not have an element of associating partners with Allah because its purpose is only as a a symbol to maintain and strengthen kinship ties that are solely due to Allah, so that wiil be an act that is also blessed by Allah SWT. The implications of this research include: 1) For the people of Binamu District, Jeneponto Regency who still maintain the ancestral and sacred values of a'matoang so that they are maintained but in a reasonable context and do not deviate from Islamic teachings and if this culture results in more harm. great for the doer, then let it be abandoned; 2) The a’matoang tradition that is carried out after this marriage is expected not only as a form of showing off or being proud of others but with a sacred purpose, namely to glorify and respect the groom's family and to hope for the pleasure of Allah to have a sakinah mawadah household warahmah","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126615829","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":"Pernikahan Terpaksa di Era Milineal Perspektif Ulama Mazhab; Studi Kasus di Kecamatan Sinjai Timur","authors":"Ikrawati Nur","doi":"10.24252/shautuna.v2i3.21593","DOIUrl":"https://doi.org/10.24252/shautuna.v2i3.21593","url":null,"abstract":"The purpose of this study is to find out how forced marriage is in the millennial era from the perspective of mazhab scholars (a case study in the eastern Sinjai sub-district)? 1) What are the implications of marriage? 2) What are the impacts of forced marriage for forced married couples? 3) What are the views of the mazhab scholars on forced marriages that occurred in the East Sinjai sub-district? In the problem above the author using a normative theological approach (Islamic law) and a sociological approach. This research is classified as Field Research using a qualitative approach that focuses on the practice of forced marriage in the eastern Sinjai sub-district, the data used by the author is taken from the results of observations and interviews using the collection method according to the classification. The results of this study show the conclusion that can be drawn from the results of this study is where a child can choose his own life partner, parents only have to act as advisers to say what is good and what is not. Any risk that will occur in the future for the marriage that occurs is already a consequence that must be borne by the child. Even if you have to be forced to marry, give a logical reason. The factors causing the practice of forced marriage are: Reply Factors, Economic Factors, Religious Factors, Educational Factors","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"72 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127272024","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":"Tindakan Bullying di Media Sosial; Komparasi Hukum Pidana Islam dan Undang-Undang Nomor 19 Tahun 2016 Tentang ITE","authors":"Hasriani Hasir, Sohrah Sohrah","doi":"10.24252/shautuna.v2i3.21577","DOIUrl":"https://doi.org/10.24252/shautuna.v2i3.21577","url":null,"abstract":"The focus of this study: (1) How to form acts of bullying on social media. (2) What is the view of Islamic Law towards acts of bullying on social media. (3) How to sanction acts of bullying in social media according to Law No.19 of 2016 concerning Information and Electronic Transactions. This type of research is a type of literature research, the method used is to use normative theological approach (Islamic Law), normative juridical approach (Law), sociological approach, and comparative approach(comparison). The data sources used are primary data sources, secondary data sources, and tertiary data sources. The data used comes from the prevailing laws and regulations, both from Islamic law and positive law. Cyber Bullying is an act of humiliation, intimidation, psychic violence committed by a person, group or institution through social media against people, groups or other institutions. Sometimes the perpetrator of bullying also makes the victim helpless and can even take the victim's life. The regulation of Bullying Act is stipulated in Law No. 19 of 2016 to ensnare the perpetrators.  Although the description of the word Cyber bullying itself has not set about Cyber Bullying and only a few parts that include the type of Cyber Bullying that is, defamation, threats / intimidation, fake news, slander, spreading hatred and hostility. In Islamic Law the act of Cyber Bullying is very clearly prohibited because it includes mistreating or hurting others. Which is not in accordance with the guidance of Syara' that Islam is a religion that highly upholds the honor for each uamtnya, but for the sanctions have not been specifically in nash but the crime of Cyber Bullying is included in the realm of Jarimah Ta'zir","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115654333","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":"Kewajiban Nafkah Suami Narapidana; Studi Kompratif Imam al-Syafi’i dan Imam Abu Hanifah","authors":"F. Firdaus, S. Ridwan","doi":"10.24252/shautuna.v2i3.21333","DOIUrl":"https://doi.org/10.24252/shautuna.v2i3.21333","url":null,"abstract":"The subject of this research is the obligation to provide for the husband of the convicted husband. Nafkah is an obligation that must be carried out by a husband to his wife in a material form, because the word nafkah itself has a material connotation. Meanwhile, obligations in non-material forms, such as satisfying a wife's sexual desires, are not included in the definition of a living, even though they are carried out by the husband to his wife. This research aims to find out how the obligation to support the husband who is convicted. The stipulation on the amount of income of the convicted husband, takes into account the rich and poor conditions of the husband. Each husband of the convicted person provided a living based on his ability. If the husband who is convicted is a capable person, the income he has to give to his wife is in accordance with his abilities, namely as much as possible to provide the best living for his wife, but still within the level of his ability. And for prisoners who are unable or have a difficult economic life, the minimum income limit for their wives is as much as a person's body cannot stand upright if he is fed less than that.Keywords: Obligations; Living; Husband; Convict","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125823868","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 Je’ne-Je’ne Sappara Di Desa Balangloe Kecamatan Tarowang Kabupaten Jeneponto Perspektif Hukum Islam","authors":"Irsan R, Abd. Halim Talli","doi":"10.24252/shautuna.v2i3.21315","DOIUrl":"https://doi.org/10.24252/shautuna.v2i3.21315","url":null,"abstract":"The aims of this study are: (i) to find out how the local community views the Je'ne-Je'ne Sappara tradition. (i) From this study, we can find out how the views of Islamic law are on the Je'ne-Je'ne Sappara traditional ceremony in Balangloe village, Tarowang sub-district, Jeneponto district. The type of this research is classified as field research or field research that is descriptive in nature with the research approach used: the syar'i approach, and the social/sociological approach. namely, observation, interviews, and documentation. The results of the study will produce the following: (1) The je'ne-je'ne sappara tradition procession is carried out in the month of safar, which is when you enter 7 trips to 14 trips every year. It is held on the seaside of the village of Balagloe Tarowang for 7 days and 6 nights. (2) The people of Balagloe Tarowang strongly adhere to the traditions of their ancestors, people believe that when they do not carry out the tradition, they will get reinforcements or disaster, this act has violated Islamic law because they believe in something outside the provisions of Allah swt.Keywords: Tradition; Sappara; Islamic Law","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130737665","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":"Wasiat Penggunaan Organ Tubuh Mayat; Studi Komparasi Pandangan Nahdlatul Ulama dan Muhammadiyah","authors":"M. Lestari, Supardin Supardin","doi":"10.24252/shautuna.v2i3.21277","DOIUrl":"https://doi.org/10.24252/shautuna.v2i3.21277","url":null,"abstract":"Articles have discussed about the will of the use of organs of the body of the bodies based on the angle of view of Nahdlatul Ulama and Muhammadiyah . The type of research that used the author of the study this is the kind of research qualitative , that which is the kind of research that brings a source of data research library of the form books or other scientific works . using the approach of normative ( Shari'a ), which is an approach to the problem that will be investigated based on the texts of the Koran, the Sunnah , and the consensus of the scholars and obtained from a variety of literature that is associated with the problems that will authors discuss both the sourced from primary data and secondary data . The results of the research have demonstrated their differences in opinion between the Nahdlatul Ulama and Muhammadiyah associated testament use of organs of the body of a corpse with methods istinbat law respectively . Based on the view of the Nahdlatul Ulama practice will use the organs of the body cadaver ruling is not valid ( void ) because did not meet any of the requirements will the absolute al- Milki who studied with methods ilhaqi . While on the terms of the views of Muhammadiyah practice will use the organs of the body corpse memperbolekan and assume legal permissible , where Muhammadiyah using methods istislahi namely to consider kemaslahatannya .Keywords : Testament ; Nahdlatul Ulama ; Muhammadiyah","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129196203","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":"Pemilihan Pemimpin Non-Muslim di Wilayah Mayoritas Muslim Perspektif Nahdatul Ulama dan Mummadiyah","authors":"M. Wildan, M. Bakry","doi":"10.24252/shautuna.v2i3.21282","DOIUrl":"https://doi.org/10.24252/shautuna.v2i3.21282","url":null,"abstract":"This article discusses non-Muslim leaders in the region choosing Muslims from the views of Nahdlatul Ulama and Muhammadiyah. The formulation of the problem to be answered in this study is What is the leadership succession procedure in Islam? (2) What is the fiqh view of non-Muslim leadership? (3) What is the view of the Islamic community organizations Nahdlatul Ulama and Muhammadiyah on the law of choosing non-Muslim leaders in Muslim-majority areas?The type of research used by the author is library research which is guided by data processing and is also obtained from various literature related to the title of this article which is sourced from primary data and secondary data. The research approach used is a political approach. The results of this study indicate that the leadership succession procedure in Islam there is no standard and standard procedure set by the Al-Qur'an and Hadith, but the jumhur of ulama agrees that leaders in Islam are chosen in two ways, namely appointed by ahlul halli wal aq in the election committee and appointed by the previous leader. The majority of fiqh scholars view that non-Muslim leadership in Muslim-majority areas is not allowed because their leadership is not valid according to Islamic sharia, unless these non-Muslim leaders lead and control in non-Muslim-majority areas. Meanwhile, in the view of Nahdlatul Ulama and Muhammadiyah regarding the law of choosing non-Muslim leaders, there is already a fatwa stipulation from the two organizations that it is haram to choose non-Muslim leaders but Nahdlatul Ulama provides a little leeway by exempting in an emergency.Keywords: Non-Muslim Leaders, Succession, Nahdlatul Ulama, Muhammadiyah ","PeriodicalId":321272,"journal":{"name":"Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab dan Hukum","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117072576","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}