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All Journal Al-Manahij : Jurnal Kajian Hukum Islam Jurnal El-Thawalib
Harahap, Risalan Basri
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Religion Law, Crime, Criminology & Criminal Justice

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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

Abstract

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).
Penetapan Sanksi Qishas Terhadap Tindak Pidana Main Hakim Sendiri Dalam Perspektif Hukum Pidana Islam Batu Bara, asmiah; Nasution, Muhammad Arsad; Harahap, Risalan Basri
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.v4i2.9563

Abstract

The problem in this study is regarding vigilante sanctions in the perspective of Islamic criminal law. Because there are no regulations or laws governing vigilante sanctions. This type of research is field research using normative legal and empirical legal approaches. The data source for this research comes from primary data and secondary data. The primary data source is the Investigator from the Criminal Investigation Unit of the Mandailing Natal Resort Police and the secondary data source is books, data, journals and documents. The data collection technique used consisted of interviews, observation, and documentation. Data analysis techniques were descriptive qualitative. The results of this study are that the vigilante sanction in the Mandailing Natal Resort Police area has already been stipulated in accordance with Article 170 of the Criminal Code, but in terms of implementation it has never been carried out because the Resort Police considers that the victim of vigilantism is usually because he was the perpetrator of a previous crime, so the perpetrator is considered as an enemy of society as well. Vigilance in Islamic criminal law already has provisions in which the vigilante is subject to qishas sanctions, but if the victim's family forgives the perpetrator, the sanction is replaced with a diyat.
Maqashid Ash-Sharia Principles In Child Protection Harahap, Riska Harnysah; Harahap, Risalan Basri
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.v3i4.5945

Abstract

Maqashid Asy- Sharia aims to realize the benefit of man in the world and the hereafter. The principle of Maqashid Asy- Sharia consists of maintaining religion (hifzh al-din), nurturing the soul (hifzh al- nafs), Protection of reason (hifzh al-aql), nurturing offspring (Hifzh al-nasl) and maintaining property (hifz al-mal). The formulation of the problem from this study is how the concept of child protection in Law No. 35 of 2014 concerning Child Protection and How the principle of Maqashid Asy-Sharia in Law No. 35 of 2014 concerning Child Protection. The purpose of this study is to find out how the concept of protection of children in Law No. 35 of 2014 concerning Child Protection andTo find out how the principle of Maqashid Asy-Sharia in Law No. 35 of 2014 concerning Child Protection. The theory used in this study is a theory related to the principle of Maqashid Asy- Sharia in law no. 35 of 2014 concerning. Furthermore, the type of research used is library research, using a normative juridical approach.  The results of the research obtained, namely, freedom to practice religion, are contained in article 6 of Law No. 35 of 2014, namely that every child has the right to worship according to their religion, thinking, and expression in accordance with their level of intelligence and age under the guidance of parents or guardians.It is found in (hifzh al-din maintains Religion. Children are a generation that needs to be given religious education so that they have a basic foundation in everyday life. Childcare is contained in article 7 of Law No. 35 of 2014, namely parents and families are responsible for nurturing, maintaining, educating, and protecting children. It is called (hifzh al- nafs). The protection of education is contained in article 9 of Law No. 35 of 2014 concerning child protection, namely that every child has the right to obtain education and teaching in order to develop his personality and his level of intelligence with his interests and talents is hifzh al -aql.
Perspektif Hukum Pidana Islam Terhadap Tanggung Jawab Pemilik Ternak Harahap, Ain Zahrona; Habibi, Habibi; Harahap, Risalan Basri
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13133

Abstract

The problem in this study is the responsibility of livestock owners for damage caused by their livestock, in (Sobar Village, Padang Bolak Julu District). Basically, everyone who owns and maintains livestock has full rights and obligations towards their livestock, for the damage caused by these livestock. In the case of damage caused by livestock, the owner of the livestock is obliged to provide compensation to the aggrieved party. This is in accordance with the positive law contained in article 1368 of the Civil Code and in Islamic law contained in surah Al-Baqarah verse 205 and the same is the case with the Perdes village of Sobar. The research method used is field research with a qualitative approach. Data sources consist of primary data, namely the Sobar village community and village officials, while secondary data, namely laws and journals related to the problems discussed in this study. Data collection techniques using interviews and documentation with qualitative descriptive data analysis techniques. The results of the study show that the responsibility of the livestock owner to the injured person is obligatory to compensate based on the agreed rules, but if livestock enter/damage the land but there is no responsibility for the livestock owner, then the land owner has the right to the livestock, because it is compensation from livestock that damage the land. However, in terms of compensation, there are obstacles that are often encountered, namely it is not known for sure who owned the livestock that caused the damage, there is no recognition from livestock owners because they are afraid of compensation. What can be done by landowners to be held accountable for losses caused by livestock through village officials so that they are more assertive in implementing applicable regulations, and specifically make identification marks for each livestock. 
Analisis Fatwa MUI Nomor 4 Tahun 2003 Desriani, Desriani; Hasibuan, Zulfan Efendi; Harahap, Risalan Basri
Jurnal El-Thawalib Vol 2, No 5 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i5.4400

Abstract

Various kinds of culinary are rife in the middle of the city of padangsidimpuan by using thr name of processed food using a strange name. one of the branded products thet are currently becoming a tren in the community are meatballs with children, devil’s noodles, missile meatball cones and so on.Islam requires that the products to be consumed will be guaranteed to be halal and pure. Halal is not only from the type but also from the name. where in the explanation of the MUI Fatwa Number 4 of 2003 concerning standardization of halal fatwas, it is contained in the fourth section: the problem of using names and ingredients in point 1, namely “not to consume and use names and/or symbols of food/drinks that leat to kufr and falsehood”. From this background for naming processed foods in padangsidimpuan city based on MUI Fatwa Analysis Number 4 of 2003.This research is a field research. The research used is to collect data on the phenomena that occur. The data sources of this research are primary data and secondary data. Data collection techniques using field studies, namely ovservation, interviews and documentation.The results of this study indicate that traders or sesllers give the names of the foods they make with strange names because of the many business competitors. Based on the MUI Fatwa Number 4 of 2003, the author’s analysis of the naming of processed foods that are contrary to the MUI Fatwa are devil noodles, dragon whiskers, and devil’s chili chicken, while the names of processed foods that are allowed or not contrary to the MUI Fatwa Number 4 of 2003 such as meadballs with planet chicken because these names do not lead to  kufr/falsehood as described in the MUI Fatwa.
Penetapan Harga Makanan dan Minuman Khoiriah, Misbahul; Harahap, Ikhwanuddin; Harahap, Risalan Basri
Jurnal El-Thawalib Vol 2, No 5 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i5.4411

Abstract

Setting a high price in a tourist place is something that is not foreign to today’s society, even people think it is a natural thing. But, something that is considered normal by the community is not necessarily justified by islam. Islam places great emphasis on the value of justice in every aspect of life. Therefore, it is natural if justice is realized through market activies which are something that occurs from the will of the seller and buyer through demand and supply on a consensual basis, mutual pleasure and do not oppress each other. Rasulullah SAW recommended that price fixing be carried out based on market activities. This study axamines how the pricing of food and beverages at the Air Bangis beach tourism object, Sungai Beremas district west pasaman regency is axamined and how is the view of muamalah fiqh on the pricing that occurs in this tourist attraction. This research uses field research and sourced primary and secondary data. Data collection techniques used are observation, interviews and documentation. The results of this study indicate that the pricing of food and beverages at the Air Bangis beach attraction, Sungai Beremas District, West Pasaman regency is determined based on the will of the seller and not based on market activity on the basis of supply and demand. Setting a price that too high is not justified because it’s not in accordance with the muamalah principles in Islam. Rasulullah SAW recommended that every trader run his businessfairly and honestly. In this thesis the author also suggerts that traders make a list of food prices so that buyer know in advance the price they wiil buy to avoid disappointment for buyers.
Akad Kerjasama Dalam Pengelolaan Kebun Sawit Absah, Siti; Gunawan, Syafri; Harahap, Risalan Basri
Jurnal El-Thawalib Vol 2, No 4 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i4.4236

Abstract

This research is motivated by the existence of cooperation in the management of oil palm plantations carried out by oil palm farmers in Rambah Hilir District, Rokan Hulu Regency, namely in the form of garden owners giving their planted gardens to plantation workers to be cared for on the basis of trust without direct supervision with money giving fertilizer money in cash. according to the agreement. The main problem in this study is how the cooperation agreement in the management of oil palm plantations in Pasir Utama Village, Rambah Hilir District, Rokan Hulu Regency is reviewed and how is the review of the Sharia Economic Law Compilation regarding the cooperation agreement in the management of oil palm plantations in Pasir Utama Village, Rambah Hilir District, Rokan Hulu Regency. This study uses the field research method (field research) and sourced primary and secondary data. Data collection techniques used in this study were observation, interviews and documentation. The results showed that the cooperation agreement in the management of oil palm plantations was insecure and did not show an element of honesty where the manager did not buy fertilizer money and did not harvest oil palm fruit not only taking the ripe fruit but also taking the unripe oil palm fruit so that the owner of the oil palm feel aggrieved by the manager. Cooperation agreements in the management of oil palm plantations in the community sometimes do not heed the applicable sharia law, so that they can harm one another. This happens because of ignorance of the community in the cooperation agreement.
Pelaksanaan Akad Mukhabarah Hutasuhut, Yuli Kartika; Harahap, Risalan Basri
Jurnal El-Thawalib Vol 3, No 3 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i3.5643

Abstract

This research is motivated by the existence of cooperation between land owners and rice cultivators in Tano Tombangan District, Angkola South Tapanuli, namely a land owner gives his fields to be managed to rice cultivators on the basis of trust and mutual agreement, on a voluntary basis, without any suggestion of coercion. The main problem in this study is how the implementation of the Mukhabarah contract in the Panindoan Tano Village of Tombangan Angkola and how the Compilation Review of Sharia Economic Law regarding the implementation of the Mukhabarah contract in the Panindoan Tano Village of Tombangan Angkola. This type of research uses the field research method (field research) and is sourced from primary data and secondary data. The data collection technique used in this research is interviews. The results showed that the implementation of the Mukhabarah contract in managing rice fields with a cultivator agreement would provide yields to the land owner after calculating the total amount of harvest obtained. However, it is not in reality that the cultivators tell how much they have harvested, but only submit the harvest that is part of the land owner. Thus, it means that there is a broken promise from the cultivator to the land owner against the agreement in the contract made between the cultivator and the land owner, so the land owner feels disadvantaged. The review of Sharia Economic Law on the implementation of the Mukhabarah contract in Panindoan Tano Village, Tombangan Angkola, is not in accordance with the compilation of Sharia Economic Law as stated in Article 260 which does not explain the estimated yield of the crop to the land owner as a whole.
Co-Authors Absah, Siti Batu Bara, asmiah Desriani Desriani Gunawan, Syafri Habibi Habibi Harahap, Ain Zahrona Harahap, Nurhotia Harahap, Riska Harnysah Hasibuan, zulfan Efendi Hutasuhut, Yuli Kartika Ikhwanuddin Harahap Khoiriah, Misbahul Nasution, Muhammad Arsad Sirait, Adi Syahputra Taufik Hidayat