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Assessing Criminal Penalties in Marriage Law: a Comparative Study of Policy Frameworks within Indonesian and Malaysian Legislation Sirait, Adi Syahputra; Harahap, Nurhotia; Hidayat, Taufik; Harahap, Risalan Basri
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11208

This article examines the policy on criminal sanctions in Islamic marriage law in Indonesia and Malaysia, focusing on a comparative analysis between the two countries. The main objective of this study is to understand how both countries, with their Muslim-majority populations, formulate and apply criminal sanctions in cases of violations of Islamic marriage law. This research employs a library research methodology. The primary sources of data for this study include Law No. 1 of 1974, the Compilation of Islamic Law, the Federal Territories Islamic Family Law Enactment, and Islamic law. The findings of this study indicate that although Indonesia and Malaysia share a common foundation in Sharia law, there are significant differences in the application of criminal sanctions related to Islamic marriage. In Indonesia, the policy on criminal sanctions is more influenced by the secular national legal system, while in Malaysia, Sharia law plays a more dominant role in the state judiciary system. The review of Islamic law related to the application of criminal sanctions for violations of marriage laws remains weak in its implementation. Therefore, stricter sanctions should be established for violators to provide a significant deterrent effect. This approach aligns with al-Ghazali's concept of maslahah, which prioritizes good and avoids harm (mafsadah).

Pendampingan Sertifikasi Produk Halal UMKM Keripik Sambal Siti Boru Regar Padangsidimpuan Harahap, Nurhotia; Anisa, Darania; Rohana, Nada Putri; Lubis, Iklima; Apriani, Sintia; Lubis, Sofyan Hanafi
JURNAL PENGABDIAN KADER BANGSA Vol 1 No 1 (2025): Jurnal Pengabdian Kader Bangsa
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Kader Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54816/jpkb.v1i1.827

Assistance with halal product certification is a service activity that aims to help business actors obtain halal certificates for the products they produce. The research was carried out by assisting MSMEs with "Siti Boru Regar" chili chips in Padangsidimpuan, North Sumatra. The method of this activity is PAR (Participatory Action Research). Assistance is carried out by training Sambal Chips MSME actors in filling out the SJPH manual, filling out the SiHalal application and inputting production data into the SiHalal application, as well as carrying out halal verification for the Salam Chips MSME actors who are accompanied. Assistance is provided until Sambal Chips MSMEs get Halal certificates for free. So the result of this service is the certification of halal products for the accompanied Sambal Chips MSMEs, which is expected to provide added value to the products produced so that public/buyer confidence becomes more confident in the halalness of the products produced, and is expected to increase sales results for Sambal Chips MSMEs "Siti Boru Regar" Padangsidimpuan.

Mempekerjakan Anak Di Bawah Umur Ditinjau Dari Undang-Undang No 13 Tahun 2003 Tentang Ketenagakerjaan Al-Anami, Umi Ajizah; Harahap, Nurhotia
Jurnal El-Thawalib Vol 5, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i1.11035

This research examines how the implementation of child employment and the views of Labor Law Law No. 13 of 2003. The research used is field research with a qualitative approach. Primary data sources in this study were child labourers, Tangkahan company owners, and community leaders, while secondary data in this study were from books, scientific journals and through references available in various places considered relevant to this research. Data collection techniques with observation, interviews and documentation, with qualitative descriptive data analysis technique. The results in this study indicate that the implementation of child labor in Tangkahan, Aek Manis Village, Sibolga Selatan District, is doing the work of lifting buckets filled with fish and separating fish from one place to another, the work carried out by these children is not in accordance with the rules for child and not in accordance with the view of labor law Law No. 13 of 2003 Article 69 Paragraph 1 which reads "The provisions referred to in Article 68 can be exempted for children aged between 13 years to 15 years to do light work as long as it does not interfere with physical development and health , mental and social”. Then the factors that cause children to work are poverty and compulsion to encourage parents.

Pembuatan kasur Ditinjau Dari KHES Harahap, Junaidi; Siregar, Dame; harahap, Nurhotia
Jurnal El-Thawalib Vol 2, No 6 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i6.4786

Muamalah is a rule that governs one’s relationship with other. In muamalah allah SWT makes rules sothat people help each other, exchange needs in all matters of interest of their lives, whether by of buying and selling, renting, farming, or other companies, both for their own benefit and for wefare general. In sosopan village, most of the residents are farmers, and some are entrepreneurs, tailor and others. The mattress tailor is one of the economic supports in this pandemic wich requires staying at home, the material used in sewing this matterss is cotten: in the process of sewing this matterss, the purity of the material is highly ecpected by the communityto produce good matterss stitches and are comfortable to wear. And every consumer or society who orders amatterss from a tailor is always accompanied by a contract that the mattress that the customer or customer wants is purely cotton. This is where there tens to be a practice that is not in accordance with what has been agreed the begining, where the matterss tailor sells his clothes mixed with the rest of the stitches of other clothes (paco-paco), there is always a mixture of leftovers from the sewing of clothes in the seams of the matterss, in the middle of the matterss is filled with paco-paco. This practice occurs because matterss maker want to take advantage of the result of their casual stitches, these matterss makers load the mixture (paco-paco) right in the middle of the matterss. Next matterss, without any agreement with the buyer. In terms of the price of a matterss that contains paco-paco, the price is the same as a pure cotton matterss. This type of research is a field research using a qualitative descriftive analysis method. The approach of this reseach is by means of observation, interviews, documentation based on the provisions of the applicable Syariah Economic Law Compilation, wich relates to the manufacture of mattersses in sosopan village, Sosopan District, Padang Lawas regency. The researchesrs examined were matterss makers, matterss buyer, religious leader and traditional figures

Transaksi Jual Beli Chip Game Online Higgs Domino Ritonga, Masjulita; Harahap, Nurhotia
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i4.5938

Higgs domino online game chip buying and selling transactions are transactions that are mostly carried out by higgs domino online game players, these chip buying and selling transactions are the same as buying and selling transactions in general. And the purchase of the higgs domino online game chip is done through social media or directly to the seller of the higgs domino online game chip, and regarding the price of the higgs domino online game chip which is traded based on an agreement between the seller and the buyer. The formulation of the research problem is how to practice buying and selling online high-domino game chips? And what about the perspective of fiqh, muamalah, buying and selling online game chips, higgs domino?. The purpose of this study is to obtain answers about how the practice of buying and selling online game chips higgs dominoes and knowing how the fiqh muamalah perspective on buying and selling online game chips higgs dominoes. This research is a field research that uses a descriptive qualitative approach in data collection. The data collection used in this research is the method of interview, observation, and documentation. The time in this study was about 3 months and the location of this research was in the village of Wek II Silayang Laying, North Padangsidimpuan District. This chip sale and purchase transaction has clear consent and qabul between the seller and the buyer, but the object being traded does not meet the pillars of buying and selling because the object being traded contains elements of maysir.

Praktik Jual Beli Ayam Siregar, Vepri Anti; Harahap, Nurhotia
Jurnal El-Thawalib Vol 3, No 1 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i1.5091

Muamalah is carried out on the basis of considerations of bringing benefits and avoiding harm in people's lives. Muamalah is carried out by maintaining the value of justice, avoiding elements of persecution, avoiding elements of taking opportunities in narrowness. In buying and selling honesty and truth are the most important values. Islam forbids fraud in all human activities, including in business activities and buying and selling. buying and selling carried out by the Simardona village community, Batang Onang District, North Padang Lawas Regency where the seller, as it is often seen, is that in the markets the seller of chicken pieces uses a sitting scale so that every sale of chicken pieces is easily weighed and so that it is clearly seen by the buyer the weighing process. Chicken sellers in Simardona Village, Batang Onang District, North Padang Lawas Regency, sell live chickens, not slaughtered. Chicken sellers only catch live chickens and then state the price to the buyer and in fact the chicken sellers in Simardona Village, Batang Onang District, North Padang Lawas Regency when selling chickens, the chickens are not weighed first, even the chicken sellers do not know how much the chicken will be selling. On the one hand, the seller sees that the chickens that he is about to sell already look big in size and in fact it often happens that the body size of the chicken which is covered with chicken feathers does not match the chicken that has been cleaned or slaughtered.

Tinjauan Yuridis Perbuatan Ingkar Janji (Wanprestasi) Oleh Buruh Tani Ditinjau Dari Kompilasi Hukum Ekonomi Syariah Khairani, Elfida; Harahap, Ikhwanuddin; Harahap, Nurhotia
Jurnal El-Thawalib Vol 4, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i2.9581

The problem in this research is about the practice of broken promises (defaults) by farm workers in the village of Lumban Dolok. This type of research is field research. The primary data source in this study is by conducting direct interviews with farm workers who own the plantation, the Head of Lumban Dolok Village, traditional leaders. while the secondary data is in the form of fiqh muamalah books, and journals related to this research. Data collection techniques using field studies, namely observation, interviews, and documentation. The data analysis technique used in this study is to use a qualitative descriptive method. The results of the study show that the act of breaking a promise (default) by this farm worker begins with a verbal agreement between the owner of the garden and the farm worker in the agreement, one of the points is not being able to cancel the agreement suddenly and not asking for wages before doing the work. . However, in reality, when he was about to implement the farm labor agreement, he canceled the agreement with the garden owner, and asked for his wages on the grounds that he really needed it. This practice of breaking promises (defaults) by farm workers when viewed from a juridical view of this agreement is considered a unilateral cancellation of the agreement without the consent of the other party, in accordance with Article 1338 paragraph (2) of the Civil Code, it is clear that the agreement cannot be canceled unilaterally, because if the agreement is canceled unilaterally, it means that the agreement is not binding between the people who made it. Meanwhile, if viewed from the compilation of sharia economic law, it is explained in article 36 which explains that breaking a promise occurs if you do not do what has been promised, in this case the farm worker does not carry out the agreement in accordance with the agreement and terminates the agreement suddenly without any clear reason. This also contradicts the compilation of sharia economic law article 21 which states that there is no trustworthiness from farm workers, besides that there is also no attitude of openness and good faith from farm workers to find a replacement to be able to continue the agreement that has been canceled.

Mempekerjakan Anak Di Bawah Umur Ditinjau Dari Undang-Undang No 13 Tahun 2003 Tentang Ketenagakerjaan Al-Anami, Umi Ajizah; Harahap, Nurhotia
Jurnal El-Thawalib Vol 5, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i1.11035

This research examines how the implementation of child employment and the views of Labor Law Law No. 13 of 2003. The research used is field research with a qualitative approach. Primary data sources in this study were child labourers, Tangkahan company owners, and community leaders, while secondary data in this study were from books, scientific journals and through references available in various places considered relevant to this research. Data collection techniques with observation, interviews and documentation, with qualitative descriptive data analysis technique. The results in this study indicate that the implementation of child labor in Tangkahan, Aek Manis Village, Sibolga Selatan District, is doing the work of lifting buckets filled with fish and separating fish from one place to another, the work carried out by these children is not in accordance with the rules for child and not in accordance with the view of labor law Law No. 13 of 2003 Article 69 Paragraph 1 which reads "The provisions referred to in Article 68 can be exempted for children aged between 13 years to 15 years to do light work as long as it does not interfere with physical development and health , mental and social”. Then the factors that cause children to work are poverty and compulsion to encourage parents.

Tinjauan Yuridis Perbuatan Ingkar Janji (Wanprestasi) Oleh Buruh Tani Ditinjau Dari Kompilasi Hukum Ekonomi Syariah Khairani, Elfida; Harahap, Ikhwanuddin; Harahap, Nurhotia
Jurnal El-Thawalib Vol 4, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i2.9581

The problem in this research is about the practice of broken promises (defaults) by farm workers in the village of Lumban Dolok. This type of research is field research. The primary data source in this study is by conducting direct interviews with farm workers who own the plantation, the Head of Lumban Dolok Village, traditional leaders. while the secondary data is in the form of fiqh muamalah books, and journals related to this research. Data collection techniques using field studies, namely observation, interviews, and documentation. The data analysis technique used in this study is to use a qualitative descriptive method. The results of the study show that the act of breaking a promise (default) by this farm worker begins with a verbal agreement between the owner of the garden and the farm worker in the agreement, one of the points is not being able to cancel the agreement suddenly and not asking for wages before doing the work. . However, in reality, when he was about to implement the farm labor agreement, he canceled the agreement with the garden owner, and asked for his wages on the grounds that he really needed it. This practice of breaking promises (defaults) by farm workers when viewed from a juridical view of this agreement is considered a unilateral cancellation of the agreement without the consent of the other party, in accordance with Article 1338 paragraph (2) of the Civil Code, it is clear that the agreement cannot be canceled unilaterally, because if the agreement is canceled unilaterally, it means that the agreement is not binding between the people who made it. Meanwhile, if viewed from the compilation of sharia economic law, it is explained in article 36 which explains that breaking a promise occurs if you do not do what has been promised, in this case the farm worker does not carry out the agreement in accordance with the agreement and terminates the agreement suddenly without any clear reason. This also contradicts the compilation of sharia economic law article 21 which states that there is no trustworthiness from farm workers, besides that there is also no attitude of openness and good faith from farm workers to find a replacement to be able to continue the agreement that has been canceled.

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