Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab

Revitalizing the Meaning of Jihad in the Era of Society 5.0

Zulfikar Zulfikar — 2025-01-31

This study aims to analyze the concept of jihad of Islamic mass organizations (CSOs) in the city of Makassar through reconstruction and recontextualization by adjusting the context of the Society 5.0 era, looking at the development of digital technology and rapid social transformation. This research also describes the dynamics of understanding and practicing jihad carried out by Islamic organizations in Makassar City, especially in the spectrum between radicalism and moderation. The research method used is qualitative with an ethnographic approach to see the pattern of use and public belief in the concept of jihad and a phenomenological approach to examine the pattern or relationship between subjective meaning and objective reality in understanding the meaning of jihad today. Data were collected through in-depth interviews, participatory observations, and document analysis from Islamic organizations in Makassar City. The results of the study show that Islamic organizations in Makassar tend to adopt a moderate approach in interpreting jihad, emphasizing spiritual, social, and educational aspects in the delivery of religious narratives, and avoiding interpretations that lead to violence. Acts of radicalism, terrorism and other acts of violence are not the result of the religious doctrine of Islamic organizations in Makassar. However, there are also small groups that still maintain a radical narrative, although their influence is limited. This research seeks to relate the concept of jihad to the challenges and opportunities in the Society 5.0 era, where digital technology is a new medium in spreading religious narratives. This research emphasizes the importance of understanding the transformation of religious thought in the midst of rapid social and technological change, as well as its implications for efforts to deradicalize and promote Islamic moderation.

Legal Framework and Regulatory Challenges in the Development of E-Commerce in Indonesia

Tamaulina Br. Sembiring — 2025-01-31

Technology advancements in transportation, communication, and information have quickened the pace of globalization. Online shopping (e-commerce) and other tech-and telecommunications-based activities have contributed to the expansion of businesses. Problems in applying corporate law to online transactions stem from questions about the function of law and the nature of legal progress. Law 11 of 2008, revised by Law 19 of 2016, pertaining to Electronic Information and Transactions; Law 7 of 2014, pertaining to Trade; and Government Regulation Number 82 of 2012, pertaining to the Implementation of Electronic Systems and Transactions, govern e-commerce regulations in Indonesia. However, there are still obstacles to its full application, such as problems with trust and accountability in proving electronic contracts and a lack of a complete knowledge of electronic transaction objects. The rule of law is an instrument for social renewal, social adaptation, and order maintenance. The complexity of social concerns has grown due to fast growth and modernization. Consequently, the creation of e-commerce-specific company laws seeks to promote long-term economic expansion by the establishment of norms that provide protection, clarity, and enforcement of the law.

Relevance of Islamic Values and Local Wisdom in the Implementation of Maddoa' Tradition in Pinrang Regency

Anugrah Majid — 2025-01-31

The Maddoa’ tradition not only serves as a social activity but also as a means to strengthen the identity and values of local wisdom in the Pinrang district community. Islamic values, as the guiding principles for the majority of the people in Pinrang, influence various aspects of daily life, including traditional activities. This research seeks to question how the integration of Islamic values with local wisdom manifests in the Maddoa’ tradition in Pinrang. This type of research is field research. The approaches used include a normative Sharia approach and a sociological approach. The results of this study indicate that the Maddoa’ tradition not only preserves cultural heritage but also strengthens the collective awareness of the importance of gratitude and devotion to Allah SWT, enriching the spiritual and social life of the local community. This makes the Maddoa’ tradition not only an adat event but also a means to reinforce social and spiritual bonds among the residents, demonstrating the synergy between local culture and Islamic teachings.

Laskar Jihad's Response to Mazhab Ambon's Islamic Thought

Muhammad Arief Budianto — 2025-01-31

This research aims to analyze the response of Laskar Jihad to the Islamic thought of Mazhab Ambon, particularly within the context of religious thought dynamics in Ambon. Uniquely, this study offers a new perspective on how Laskar Jihad, as a militant group, responds to the integration of local culture into Islamic teachings. The study explores the application and reception of Mazhab Ambon Islamic teachings in Ambon, as well as their impact on the social and religious life of the local community. The conflict in Ambon, which can be easily triggered due to a lack of interfaith tolerance, prompted Muslim scholars in Maluku to develop the Mazhab Ambon Islamic thought, which integrates Islamic teachings with local culture. This research focuses on the views of Laskar Jihad regarding Mazhab Ambon Islam, which is part of the Islam Nusantara concept, to uncover their perspectives on this integration. Using a descriptive qualitative approach and field study, the research involves interviews with religious leaders, members of Laskar Jihad, and the Ambon community, as well as an analysis of related documents and literature. The study also details the data collection and analysis methods used, providing a comprehensive overview of the research process and findings. The main findings indicate that the majority of Laskar Jihad members reject Mazhab Ambon Islam because they believe it undermines the purity of Islamic teachings. However, the study also reveals how Laskar Jihad's conservative views can influence reconciliation and peacebuilding efforts in Ambon. By highlighting the social relevance of the Mazhab Ambon concept, which aims to promote tolerance, this research makes a significant contribution to understanding religious dynamics in Ambon and offers solutions for creating harmony in a diverse society.

Law Enforcement against Lesbian and Gay Offenders in Palopo City

Adinda Cahya Magfirah — 2025-01-31

This study aims to analyze law enforcement against lesbian and gay perpetrators in Palopo City through the perspective of Islamic law, by focusing on the basis of Islamic law that regulates homosexual behavior, law enforcement mechanisms, and social responses and challenges that arise in practice. This research was conducted to understand the principles of Islamic law applied in a modern context, especially in dealing with the issue of Lesbian and Gay in Palopo City. The research method used is qualitative with a case study approach, where data is collected through in-depth interviews with religious leaders, law enforcement officials, and Lesbian and Gay perpetrators, as well as analysis of Islamic legal documents and local regulations. The results of the study show that Islamic law expressly prohibits homosexual practices based on the postulates of the Qur'an and Hadith, but its implementation in Palopo City faces various obstacles, such as the lack of specific regulations, resistance from lesbian and gay perpetrators. In addition, the study reveals the tension between Islamic law enforcement and human rights, which poses a dilemma for both the government and society. This research is expected to be a consideration for policymakers and stakeholders in formulating more inclusive and equitable regulations.

The Dynamics of the Butterfly Effect in the Indonesian House of Representatives' Policy-Making Process

Muhammad Ananda Denny Ferdian — 2025-01-31

The factor that influenced this article is the phenomenon of the Butterfly Effect given to the policies taken by the House of Representatives in Indonesia. The concept of the Butterfly Effect, which comes from the chaos theory, describes how the slightest change in the initial conditions will have a big and big impact later on. This study uses a qualitative approach, with case study analysis of several policies taken in the last period of the House of Representatives. Data was collected through interviews with members of the House of Representatives, analysis of documents, and studies of related literature. The findings of this study show that even small decisions regarding changes in budgeting or discussion of laws can have dynamic and long-term consequences both on society and the political system. For example, a delay in the promulgation of a law can cause dissatisfaction among the community, who may have started a social movement; Changes in budget policy also have an impact on various sectors of the economy. The study further found that communication between members of the House of Representatives and other stakeholders serves to magnify or minimize the impact of the policies taken. The fact that the political system is complex when viewed from the Butterfly Effect can result in better quality policy outputs and, thus, have a greater impact on society. It is hoped that the House of Representatives will be more careful in formulating policies by paying attention to the impact or long-term consequences of an action, optimizing the decisions taken by the leadership in the best interests of the community.

Integration of Fiqh al-Bi'ah and Indigenous Environmental Practices

Muhammad Tahir — 2025-01-31

This research aims to conduct a critical study of the environmental impacts caused by the implementation of the pa'jukukan tradition from an environmental jurisprudence perspective. This type of research is classified as qualitative field research using descriptive analysis methods and syar'i approach methods. The results of the research show that the implementation of the pa'jukukang tradition consists of four stages, namely appasulu pangngajai, akkawaru, Kalau'u ri pa'jukukang, angnganre ta'bala'na and angnganre Raja'na. It contains positive and negative impacts on the environment. From the perspective of Environmental Jurisprudence, the implementation of the pa'jukukang tradition contains environmental ethical principles which consist of the principles of spirituality; ihtiram wa hizh al-bi'a, istikhlaf wa al-amanah, al-mizan, al-'adl wa al-ihsān; al-maṣlaḥah li al-‘amm, lā tufsidū fī al-arḍ wa lā tabżآr; and sustainability. Therefore, it is necessary to mainstream environmental jurisprudence in the implementation of the pa'jukukang tradition.

The Dynamics of Uang Panai' in Makassar City After the Fatwa of MUI of South Sulawesi No. 2 Year 2022

Nasmi Nasmi — 2025-01-31

This research aims to determine the effect of the MUI South Sulawesi fatwa No. 2 of 2022 concerning uang panai' and its implications on Bugis tribal marriages in Bangkala Village, Manggala District, Makassar City. The main problem in this study is related to the philosophical basis of uang panai’, the position of dowry money in the Bugis ethnic community in Bangkala Village, Manggala District, Makassar City and the influence of the South Sulawesi MUI fatwa No. 2 of 2022 concerning uang panai on Bugis ethnic marriages in Bangkala Village, Manggala District, Makassar City. In general, this study discusses the Indonesian Ulema Council (MUI) of South Sulawesi has issued a fatwa on uang panai which must be considered carefully and properly by the community, especially in South Sulawesi so that there is no misunderstanding among the commu nity regarding the meaning of uang panai’. The researcher found that giving uang panai’ according to the South Sulawesi MUI is a permissible custom (mubah) if it does not violate sharia principles. Then its legal status can change to haram if it violates sharia principles. This research is a field research with a sociological approach and a socio-cultural approach. The results of this research indicate that the MUI South Sulawesi fatwah on dowry has not had an impact or influence on the community, especially in the Bangkala Village, Manggala District, Makassar City, due to the lack of education and socialization by related parties. In fact, this MUI fatwa is here to answer and be a solution to the problem of high dowry in the community.

Euthanasia and Patient Rights in Islamic Legal Philosophy

Patimah Halim — 2025-01-31

This article discusses euthanasia from the perspective of Islamic Jurisprudence. This research is normative research and is of the type of library research. The nature of the research is descriptive using comparative analysis methods. Euthanasia is quite a dilemma among doctors, legal practitioners and religious circles and is being discussed in various countries, especially Indonesia. The concept of euthanasia formulated by experts is actually prohibited in the Al-Quran and Hadith. For example, in the Qur'an in QS. Al An'am verse 151: "And do not kill a soul which Allah has forbidden (killing) except for a just cause." Killing here is defined as killing in any way, including killing with the help of another person, such as the concept of active euthanasia. Meanwhile, from a human rights perspective, euthanasia is an attempt to eliminate a human's right to life, because the essence of euthanasia itself is eliminating human life for the reason that it will harm other people.

Chemical Castration as a Sanction for Pedophilia Offenders

Nurul Rezeki Atifah — 2025-01-31

This article contains an analysis of chemical castration punishment from the perspective of human rights and Islamic criminal law. The main problem is related to how chemical castration can have a deterrent effect on perpetrators of sexual crimes, how the concept of chemical castration as a preventive measure for perpetrators of sexual crimes and how chemical castration is viewed from the perspective of human rights and Islamic law. In general, this research wants to explain the effectiveness of chemical castration which is used as a solution by the government in response to emergency warnings of sexual violence occurring in society. The author found that chemical castration was rejected on many fronts for various reasons. This research uses a type of library research with an exploratory research approach. The results found that chemical castration cannot provide a deterrent effect on the perpetrator and also cannot prevent potential pedophiles from committing pedophilic acts. From the perspective of human rights and Islamic law, they have the same view, both do not allow chemical castration injections on perpetrators of criminal offenses. From these results, it is also assumed that chemical castration cannot be used as a solution for those that touch the roots.

Malpractice in Abortus Provocatus in Makassar City

Meyhira Fatrizia Fatra — 2025-01-31

The problem in this research is how the practice of abortion independently occurs without the presence of medical personnel in Makassar. Problem and Mudharat Perspective, the main problem is then divided into several sub-problems, namely: (1) What are the facts about the malpractice of abortion provoctus criminalis that occurs in Makassar. (2) What is the Makassar Court's decision regarding the verdict of the perpetrators of abortion provocatus malpractice. (3) What are the Maslahah and Mudharat Aspects of Criminal Abortus Provocatus in Makassar. This type of research is carried out using a quantitative approach known as field research. The data sources in this research include primary sources and secondary data including data obtained through field research. Furthermore, the data collection methods used in field research (Field Research) involve observation, interviews and documentation methods. With this field research to investigate the factors that influence the abortion phenomenon in the context of Makassar City. The research population consisted of individuals who had experience of having an abortion in Makassar City. The results of this research are that Malprakti abortion provocatus is a crime in the city of Makassar by carrying out abortions individually and is proven to have carried out illegal practices asking for help from a traditional birth attendant without any medical assistance. Several cases of abortion malpractice perpetrators in Makassar have been proven to have committed the crime of abortion. Comparing the benefits and harms of abortion, the harm of abortions that occur in Makassar is greater because it is carried out illegally. The implication of the results of this research is that in terms of medical health, women have health risks related to unsafe abortion, such as infection, bleeding and long-term complications. There is a need for stricter law enforcement against illegal abortion practices and strengthening legal protection for women's reproductive rights. The stigma and support faced by women who have abortions is important for emotional support and increasing health awareness regarding abortion services.

Protection of Maternity Rights of Women Workers in Makassar City

Nurfainna Nasir — 2025-01-31

The main problems studied in this research are 1). How appropriate is the implementation of maternity rights for female workers in the city of Makassar? 2). What is the Islamic law analysis of the maternity rights of female workers in the city of Makassar. This research is included in the classification of field research, using a phenomenological approach. Data was obtained through interviews, observation and documentation methods. After that, the collected data was processed and analyzed in three stages, namely: data reduction, data collection, and drawing conclusions. The results of this research found indications of the suitability of the implementation of maternity rights for female workers in Makassar City, with Law Number 13 of 2003 concerning Employment. The implementation of the rights for menstrual leave, maternity leave, maternity leave and miscarriage leave in accordance with Article 81 paragraph (2) and Article 82 paragraph (1) is enforced by several companies in the city of Makassar, namely PT Indomarco, PT Sumber Alariyah Trijaya, PT Pertamina, PT Ruang Raya Indonesia. Apart from that, Islamic law views women as equal without any discrimination. Therefore, Islamic law regarding maternity care is seen as a fundamental right for a female worker who has a postpartum period that is three months long. This phase can be said to be a recovery period, meaning that for three months women are given time to rest after giving birth. The implication of this research is that it is hoped that corporate agencies will provide a private place for female workers, namely a place to breastfeed and express breast milk. And it is hoped that it will make it easier for female workers to obtain menstrual rights in the sense of not going through the administrative process.

Transformation of Thanksgiving and Salvation Rituals Ahead of Birth

Muh Tualamsyah Wahab — 2025-01-31

The study aims to explore and analyze the practice of the Meuri' tradition and its relevance in Islamic law. The main focus of this research is to understand how the Meuri' tradition, as a ritual of gratitude and a plea for safety for the mother and baby approaching childbirth, is applied within the context of Islamic law. This research employs a field research method with normative shari'ah and sociological approaches. The findings indicate that the Meuri' tradition is performed at seven to nine months of pregnancy and includes various rituals such as the recitation of the Barasanji text, communal prayers, and the use of symbols like bananas, free-range chicken eggs, and silk sarongs. The ritual process involves massaging with coconut oil, the use of incense, and predicting the baby's gender with chicken and rice. The ritual concludes with macceraq, which involves applying a mixture of chicken blood and lime to the pregnant woman's forehead and placing a “burabeq” for protection. The study's findings show that the Meuri' tradition not only functions as a form of gratitude and plea for safety but also aligns with the Maqasid al-Shari'ah, which considers the benefits of religion, life, lineage, intellect, and wealth, and plays a role in preserving cultural heritage and community well-being.

Islamic Philanthropy and Positive Law Regulation

Muhammad Wildan — 2025-01-31

The main objective of this study is to determine the Perspective of Social Jurisprudence and Positive Law on Social Fund Donations by Philanthropic Institutions (Dompet Dhuafa South Sulawesi). The objectives of the sub-problems are: 1) To determine the Mechanism of the Dompet Dhuafa Philanthropic Institution of South Sulawesi on Social Fund Donations. 2) To determine the Perspective of Social Jurisprudence on the Deduction of Social Fund Donations by Philanthropic Institutions (Dompet Dhuafa). 3) To determine the Perspective of Positive Law on the Deduction of Social Fund Donations by Philanthropic Institutions (Dompet Dhuafa). This study uses qualitative research with the type of field research, which is carried out by collecting primary data through observation, interviews and documentation. In addition, the data is also strengthened by tracing laws, books, journals, and visiting the websites of philanthropic institutions related to the topic of study discussed. Then, data processing and analysis techniques are carried out by data reduction, data presentation, and drawing conclusions. The results of the study show that: 1) LAZ Dompet Dhuafa South Sulawesi collects funds from ZISWAF and CSR, with 12.5% for operational costs and amil rights. Funds are distributed to health, education, economic, social and da’wah programs. 2) Zakat deductions are regulated in QS. At-Taubah/9: 60 and MUI Fatwa No. 8/2011, with 12.5% ownership rights and the views of KH. Sahal and KH. Ali Yafie emphasized the importance of social contributions through zakat institutions to empower society according to the principles of maqāṣid al-syarīʿah. 3) Positive law in Indonesia towards Islamic philanthropic institutions is regulated in Article 67 Paragraph 2 in PP No. 4/2014 concerning Implementation of Law no. 23/2011 concerning Zakat Management, as well as KEMENAG Decree No. 733/2018 and BAZNAS rule no. 1/2016 which regulates social funding cuts of up to 20% outside of zakat funds. In contrast to the regulations for general philanthropic institutions or Money and Goods Collection (PUB) institutions regulated in Article 6 paragraph (1) of the Republic of Indonesia Government Regulation No. 29/1980 concerning the implementation of donation collection, namely the financing of donation collection efforts of a maximum of 10% of the results of the relevant donation collection. And PERMENSOS No. 8/2021 concerning the Implementation of Money or Goods Collection, and there are no regulations yet governing the operational salaries of administrators of general philanthropic institutions.

Religious Reality in MUI Fatwa Number 2 of 2022 on Uang Panai'

Achmad Musyahid Idrus — 2025-01-31

Panai money in the marriage tradition of the Bugis Makassar community has caused many realities in people's lives, one of these realities is reality. This research intends to find answers to the two problems studied in this study, namely how the religious reality of panai money and how the typology of the law caused by panai money. The method used in this research is a descriptive kaulitative method by highlighting the philosophical analysis of the reality of the panai money. The result of the research is the religious reality of panai money that is widely developed in the life of the Bugis Makassar community is the rampant loan of panai money, and the legal typology arising from the loan of panai money is permissible on the one hand and can be haram on the other. The conclusion of this research is that people have different views on the legal status of panai money loans.