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Sanksi Adat Dalam Tindak Pidana Perjudian Di Desa Gunung Hasahatan (Perspektif Hukum Pidana Islam) Siregar, Fitra Amalia; Siregar, Fatahuddin Aziz
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6204

Abstract

Gambling is to risk a certain amount of money or treasure in a guessing game based on chance, with the aim of obtaining an amount of money or treasure that is greater than the original amount of money or treasure. Gambling is regulated in Article 303 of the Criminal Code and the basis for the prohibition of gambling in Islamic Law is contained in the Qur'an surah al-Ma'idah verse 90. The formulation of the problem from this study is how customary sanctions in gambling crimes in Gunung Hasahatan Village, how to review Islamic Criminal Law against customary sanctions in gambling crimes in Gunung Hasahatan Village. The purpose of this study is to find out how customary sanctions in gambling crimes in Gunung Hasahatan village, to find out the review of Islamic criminal law against customary sanctions in gambling crimes in Gunung Hasahatan Village. The theories used in this study are theories related to gambling, gambling articles in the Criminal Code and gambling in Islamic Law. Furthermore, the type of research used is field research. The results of the research obtained that, customary sanctions in gambling crimes in Gunung Hasahatan Village, Padangsidimpuan Batunadua District, Padangsidimpuan City, were given included in the category of ta'zir law. As for the punishment has been determined by the Gunung Hasahatan Village Apparatus through the way of deliberation, the punishment of ta'zir is given because it is in accordance with the principles of ta'zir punishment in the Islamic Criminal Law. The punishment of ta'zir is a punishment that is left to the leader. Both its determination and its implementation. The punishment in Gunung Hasahatan Village has the same purpose or ideal as the ta'zir punishment, which is to make the perpetrator of the crime deterrent and will not repeat his actions again and become a lesson for others as a prevention in the occurrence of criminal acts and the realization of security, peace and tranquility.
Pengangkatan Perangkat Desa Dalam Hukum Islam Harianto, Bambang; Siregar, Fatahuddin Aziz; Harahap, Ikhwanuddin
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.v2i6.4785

Abstract

The purpose of this research is to know implementation of Law Number 6 of 2014 concerning the appointment of village officials in Gapuk Tua Village, Marancar District, South Tapanuli Regency in 2016, and a review of Islamic law on the implementation of Law Number 6 of 2014 concerning the appointment of village officials in Gapuk Tua Village. Marancar District, South Tapanuli Regency. The method used is a descriptive qualitative research method. The technique of collecting data in this research is through interviews, and observations. The results of this study concluded that the appointment of the Gapuk Tua Village Apparatus, Marancar District, South Tapanuli Regency as the implementation of Law Number 6 of 2014 concerning the appointment of village officials has not been fully implemented due to the lack of Village Apparatus requirements contained in the Act. The appointment of village officials through a process of direct appointment by the Village Head without an election process and deliberation with the residents and village officials. This is because there is an element of kinship between the village head and village officials. The review of Islamic law on the appointment of the Gapuk Tua village apparatus, Marancar District, South Tapanuli Regency has not fully implemented Islamic law, namely a leader must be fair and trustworthy.
The Analysis of The Decision No. 1706/Pdt.G/2020/PA.Mdn. Based on The Decision No. 93/PUU-X/2012 Siregar, Muhaimin Nur; Siregar, Fatahuddin Aziz
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.v4i2.9600

Abstract

This research discusses regarding the sharia economic dispute resolution based on akad which usually occures, with analyzed of the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. according the Constitutional Court Decision No. 93/PUU-X/2012 regarding sharia economic dispute resolution based on akad. The type of this research is library research and in the form of normative legal research. The research approach uses statute approach and case approach with theoretical review by pure theory of law and positivism theory of law. The primary legal materials consist of UUD 1945, KUHPerdata, Law No. 21 of 2008 regarding the Sharia Banking, Law No. 3 of 2006 regarding Religious Courts, Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolution, Law No. 3 of 2004 regarding the Constitutional Court, Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. and Constitutional Court Decision No. 93/PUU-X/2012. The secondary legal materials are books, thesis, and law journals according to the research problems. The colecting datas technique is documentation and the analysis technique uses desciptive analysis. The result of this reseacrh shows that the consideration of the Medan Religious Court Judges’ on the decision No. 1706/Pdt.G/2020/PA.Mdn. who declares that It was not authorized to try the lawsuit based on the explanation of Article 3 of Law No. 3 of 1999 which principally states that the court  is not authorized to try between parties who have been bound in an Arbitration akad and the Constitutional Court Decision No. 93/PUU-X/2012 does not make it has no legal force. Because the two legal standing is separated. Then, by reviewing of the Constitutional Court Decision No. 93/PUU-X/2012 toward the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. regarding the sharia economic dispute resolution based on akad is contradict with law according to the pure theory of law and positivism theory of law. Because the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 that stated sharia economic dispute resolution through arbitration contradict  with  UUD 1945.Sharia Economic Dispute, Dispute Resolution, Akad
Penundaan Pembagian Harta Warisan Di Desa Morang Kecamatan Batang Onang Kabupaten Padang Lawas Utara Dalam Perspektif Hukum Islam Nasution, Nur Halimah; Siregar, Fatahuddin Aziz; Hasibuan, Ahmad Soleh
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.v5i2.13372

Abstract

Based on the background of the problem in this research, the community in Morang Village did not distribute inheritance after their father and mother died for certain reasons and without any deliberation from all the heirs, while postponing the distribution of inheritance could lead to huge conflicts in the future. According to Islamic law, if you want to postpone the distribution of inherited assets, you must have the consent of all the heirs. The formulation of the problem in this research is what are the factors that cause delays in the distribution of inheritance? What is the view of Islamic law regarding postponing the distribution of inherited assets? and what is the impact of postponing the distribution of inheritance? The aim of this research is to find out what factors cause delays in the distribution of inheritance, as well as how Islamic law views delays in the distribution of inheritance and to find out what the consequences of delays in the distribution of inheritance are. The theory in this research is related to the theory of understanding inheritance, the basis of inheritance law based on the Al-qu'an, the basis of inheritance law based on ijtihad, the principles of inheritance in Islamic law, the causes of inheritance, heirs and their respective parts, expert groups inheritance according to lineage, heirs generally determined in the hadith, factors hindering inheritance according to Islamic law, obligations of heirs to heirs. This research is quantitative research, namely research carried out by collecting primary data and secondary data on phenomena seen directly in the Morang Village community. The primary data source for this research is the people of Morang Village, Batang Onang District, conducting interviews and documentation. And the secondary data in this research are books, journals, theses and other supporting sources. Based on the results of this research, the researchers concluded that the delay in the distribution of inheritance was caused by economic and educational factors, customary and customary factors, and the public's lack of understanding regarding delays in the distribution of inheritance. According to Islamic law, the postponement of the distribution of inherited assets must be hastened and the distribution of inherited assets may be carried out for valid reasons and with the consent of all other heirs. The impact of postponing the distribution of inherited assets is the breakdown of relationships, changing the status of inherited property rights to personal property rights, quarrels between families and reduced harmony within the family.
The Relationship Between Dowry And Education: The Practice Of Giving Dowry In Padang Sidempuan Pasaribu, Ahmad Rusli; Siregar, Fatahuddin Aziz
Jurnal El-Thawalib Vol 4, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i1.7989

Abstract

The research problem is the influence of women's education on marriage dowries in the city of Padang Sidimpuan. Giving dowry is mandatory in marriage while education is experience in studying in formal educational institutions so giving dowry based on education is a practice in society in giving marriage dowries. Articles 30 and 33 state that the determination of the dowry must be made by both parties and must be made in cash, but in a state of debt at the time after the contract, it does not cancel the marriage. The research methodology used is qualitative field research, namely research conducted by collecting primary and secondary data on the phenomenon that is happening directly. this research which becomes the primary data is data obtained directly from the research subject. Primary data is the influence of education in determining the dowry and public opinion on the matter in Padang Sidimpuan. Primary legal materials are the Al-Qur’an and Hadist, Book translation dictionary. Furthermore, data collections techniques were carried out by interview, observation, and documentation. The result of this study are, firstly Education is indeed the determinant of dowry in marriages in the city of Padang Sidempuan, this is supported by several factors such as the request of the prospective wife, and secondly, the dowry given is a form of honoring the wife.
Perlindungan Hukum Terhadap Anak Korban Toxic Parenting Dalam Perspektif Hukum Islam Lubis, Yulia Khairani; Siregar, Fatahuddin Aziz; Gunawan, Hendra
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.v5i1.10875

Abstract

The problem in this research is legal protection on children suffering toxic parenting in the Labuhanbatu district in the perspective of Islamic law. The type of research in this study is field research, using qualitative approaches, the primary data source of children to experience toxic parenting in the family in 2021-2022 and the caretaker of the women and child protection services (DPPPA), A secondary source of data consists of books, journals, and documents related to the study. The data-gathering techniques used are interviews, observations, and documentation. The data-analysis techniques use qualitative descriptive. That the protection of law in labuhanbatu district is good enough because there is an institution that serves to protect children: the women's protection and child protection service (DPPPA), by performing socialization, and protecting children by providing mediation services, legal aid, and psychological recovery, according to the 2014 35th act on child protection, while it is the perspective of Islamic law that children should be protected from all that could lead to the exclusion of children's rights, Like the one in QS. At-Tahrim: 66, which is the right to an education, a living, protection, and nurturing, and hampering growth of children, for in the perspective of Islamic law the violent behaviour of children is strictly prohibited except in education and worship, it should fit within some provisions, it is according to Ahmad bin Hanbal that the Prophet SAW forbids such violence as beating and educating children, And also, in the opinion of clerics educating children with violence, is not recommended according to dalil-dalil, both the Qur'an and As-Sunnah. Therefore, legal protection in the Labuhanbatu district is in keeping with an Islamic law perspective that prohibits violent child abuse.
Interreligious Marriages: Can Couples in Interfaith Marriages Live a Happy Life? Rasyid, Arbanur; Siregar, Fatahuddin Aziz
AHKAM : Jurnal Ilmu Syariah Vol. 25 No. 1 (2025)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v25i1.37317

Abstract

This article posits that families of interfaith couples (Muslims and Christianity/Catholicism) can achieve a state of happiness. Research data were obtained through in-depth interviews with married couples comprising one Indonesian and a British partner, aged between 25 and 40 years, residing in Indonesia and the United Kingdom, and representing diverse religious and cultural backgrounds The study revealed that the Islamic concept of sakīnah family embodies a totality of mercy (raḥmah) and love (mawaddah) inherently present in each couple's heart. The findings suggest that happiness in interreligious or interfaith marriages can be attributed to the profound love shared by the spouses. Love can develop and grow in a romantic, intimate, passionate, and committed relationship, provided there is a willingness to accept responsibility for maintaining it. Accordingly, these research findings may have implications for a new understanding of the sakīnah family, which, thus far, has been based upon the standard of couples having a common faith in a same-religion marriage. Nonetheless, further studies are needed to investigate whether couples in interfaith and interreligious marriages continue to lead happy lives in their old age. Abstrak Artikel ini menjelaskan bahwa keluarga pasangan beda agama (Muslim dan Kristen/Katolik) bisa mencapai kehidupan yang bahagia. Data penelitian diperoleh dari wawancara mendalam dengan pasangan dari latar belakang agama dan budaya yang berbeda berusia 25-40 tahun yang berasal dari Indonesia dan Inggris. Penelitian menemukan bahwa konsep keluarga sakinah dalam ajaran Islam adalah totalitas rahmat (raḥmah) atau cinta (mawaddah) yang ada dan melekat dalam hati setiap pasangan. Temuan penelitian menunjukkan bahwa kebahagiaan dalam hubungan suami istri dalam perkawinan beda agama dapat ditemukan karena besarnya rasa cinta yang dimiliki oleh pasangan tersebut. Cinta dapat tumbuh dan berkembang dalam suatu hubungan yang bersifat romantis, intim, penuh gairah dan komitmen serta kesediaan menerima tanggung jawab untuk menjaga hubungan. Dengan demikian, temuan penelitian ini memiliki implikasi pada pemahaman baru tentang keluarga sakinah, yang, sejauh ini, telah didasarkan pada standar pasangan yang memiliki keyakinan yang sama dalam pernikahan sesama agama. Meskipun demikian, studi lebih lanjut di masa depan diperlukan untuk mengamati apakah pasangan pernikahan beda agama dan antaragama masih menjalani kehidupan yang bahagia di usia tua mereka? 
Dynamic Information Transparency and Timeliness of Financial Reporting: Opportunistic Theory Lubis, Rizki Mulia; Siregar, Fatahuddin Aziz; Hasibuan, Abdul Nasser; Nasirin, Wanda Khairun; Daulay, Nurfia Sintia
AL-MASHARIF: JURNAL ILMU EKONOMI DAN KEISLAMAN Vol 11, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/masharif.v11i2.10167

Abstract

The delay in financial reporting among Sharia-listed manufacturing companies poses a challenge in leveraging dynamic information transparency to influence timely financial reporting, aligning with Opportunistic Theory. This study aims to analyze financial aspects and corporate governance's impact on reporting timeliness, with tax avoidance as a mediator. Employing Purposive Sampling with 111 manufacturing firms, the SEM-PLS formative model reveals ROA, ROE, DAR, DER, independent board, and audit committee individually affect reporting timeliness. Additionally, tax avoidance significantly mediates the relationship between financial ratios, governance, and reporting punctuality. This suggests the crucial role of tax management in steering corporate decisions and highlights implications for sustainable tax policies, minimizing adverse impacts on financial reporting integrity. 
Pengaruh Zakat Perbankan Dan Corporate Social Responsibility Terhadap Kinerja Bank Umum Syariah Anriani, Gusti; Siregar, Fatahuddin Aziz; Amidy, Rizal Ma'ruf
Journal of Islamic Social Finance Management Vol 1, No 2 (2020): Juli-Desember
Publisher : Fakultas Ekonomi dan Bisnis Islam Institut Agama Islam Negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (846.443 KB) | DOI: 10.24952/jisfim.v1i2.3582

Abstract

The percentage of funds issued by banks for zakat and Corporate Social Responsibility (CSR) is not the same every year. This can be seen from the expenditures of several banks each year in the 2013-2015 period. As with zakat and CSR, bank income is unstable every year, this is also evident from several banks that experienced an increase and decrease during the 2013-2015 period. The research objective in this study was to determine whether there is an effect of banking zakat and corporate social responsibility on the performance of Islamic commercial banks in Indonesia for the 2013-2015 period. This research is a quantitative research, the data source comes from secondary data in the form of time series data + cross-section as many as 9 samples. The data analysis technique used regression estimation method, with t test and F test. The data processing used Eviews9 computer program. The results of the research partially (t test) for the bank Zakat variable did not have a significant effect on bank performance, while the CSR variable partially had a significant effect on bank performance. Meanwhile, simultaneously the Zakat and CSR variables have a significant effect on bank performance. Keywords: Zakat, Corporate Social Responsibility, Banking Performance.
Pengaruh Net Profit Margin Dan Rasio Biaya Operasional Pendapatan Operasional Terhadap Kemampuan Zakat Sitompul, Fitri Purnama Sari; Siregar, Fatahuddin Aziz; Nasution, Ja'far
Journal of Islamic Social Finance Management Vol 1, No 2 (2020): Juli-Desember
Publisher : Fakultas Ekonomi dan Bisnis Islam Institut Agama Islam Negeri Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (738.775 KB) | DOI: 10.24952/jisfim.v1i2.3580

Abstract

Zakah is one of the social activities carried out by PT. Bank Syariah Mandiri and those who are required to be paid when they reach the nisab. The calculation of zakah funds issued is 2.5% of profit before tax. To find out the ability of a bank to generate relative profits using Net Profit Margin (NPM) and the ratio of Operating Costs to Operating Income based on data obtained from PT. Bank Syariah Mandiri. This research was conducted to determine whether NPM and BOPO affect the zakat ability of PT. Bank Syariah Mandiri both partially and simultaneously. This research is a quantitative study with secondary data with data analysis techniques using multiple linear regression methods. The results of the research partially (t test) state that, NPM has no effect on Zakah. Meanwhile, BOPO has an effect on zakah. NPM and BOPO together have an influence on zakah. Keywords: Net Profit Margin (NPM), and the ratio of Operating Costs to Operational Income (BOPO) Against Zakah.