Articles
TELAAH TERHADAP PRO DAN KONTRA HUKUMAN MATI DI INDONESIA DALAM PERSPEKTIF PIDANA ISLAM
Harahap, Risalan Basri
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 2 (2018)
Publisher : IAIN Padangsidimpuan
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DOI: 10.24952/el-qonuniy.v4i2.1839
Capital punishment is still carried out in many countries, including Indonesia. Considering that the death penalty involves human life, there are many pros and cons in the community. Each opinion group has put forward its statement according to the perspective they propose so that it becomes a prolonged legal polemic. however, the Indonesian government together with a number of elements of society that support the death penalty remain at the establishment, that capital punishment must still be carried out to protect life. This paper attempts to inform some of the death sentences that have been carried out for various specific crimes. This paper attempts to analyze how far the cases of execution can be justified according to Islamic criminal law. The results of this paper indicate that some of these crimes can indeed be subject to capital punishment, some still contain controversy, but some are actually released from the death penalty because the victim's family in the murder case has forgiven.
Telaah Terhadap Pro dan Kontra Hukuman Mati di Indonesia dalam Perspektif Pidana Islam
Harahap, Risalan Basri
Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 4, No 2 (2018)
Publisher : IAIN Padangsidimpuan
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DOI: 10.24952/el-qanuniy.v4i2.2389
Capital punishment is still carried out in many countries, including Indonesia. Considering that the death penalty involves human life, there are many pros and cons in the community. Each opinion group has put forward its statement according to the perspective they propose so that it becomes a prolonged legal polemic. however, the Indonesian government together with a number of elements of society that support the death penalty remain at the establishment, that capital punishment must still be carried out to protect life. This paper attempts to inform some of the death sentences that have been carried out for various specific crimes. This paper attempts to analyze how far the cases of execution can be justified according to Islamic criminal law. The results of this paper indicate that some of these crimes can indeed be subject to capital punishment, some still contain controversy, but some are actually released from the death penalty because the victim's family in the murder case has forgiven.
MUSTAHIQ ZAKAT PADI MENURUT PERSEPSI MASYARAKAT TOBING JULU KEC. HURISTAK KAB. PADANG LAWAS
Risalan Basri Harahap
Tazkir : Jurnal Penelitian Ilmu-ilmu Sosial dan Keislaman Vol 4, No 2 (2018): 11 Articles, Pages 219-398
Publisher : Institut Agama Islam Negeri Padangsidimpuan
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DOI: 10.24952/tazkir.v4i2.868
In carrying out the payment of rice farming zakat in Huristak District, Padang Lawas District, the farmers in giving their zakat determines the person who becomes mustahiq, usually is the fisabilillah category because that is what is usually there especially the amil that is officially determined does not yet exist. From the tradition that passed in the midst of the community where the farmers after giving their zakat to the mustahiq, then the mustahiq took their share 1/8 of the zakat they received, the rest handed back to muzakki to be used according to their needs. And usually if mustahiq does not give part of it back to the muzakkin, then mustahiq will become a chatter of people in the community and the simuzakki will not want to give zakat to him at the next harvest. The reason for mustahiq returning his zakat right to muzakki after taking it partially in the district Huristak Kab Padang Lawas. From each of the rice farmers who have the obligation to pay their income zakat (enough Nisab). mustahiq said that the zakat is only 1/8, while the rest is the rights of others who are stipulated by Allah in the Qur'an, because mustahiq cannot give to mustahiq which is partly returned to the muzakki so that it can be given to others
UANG PANGOLAT (TEBUSAN) DALAM PERKAWINAN MASYARAKAT TOBING JULU
Risalan Basri Harahap
FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman Vol 4, No 1 (2018): 11 Articles, Pages 1-226
Publisher : IAIN Padangsidimpuan
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DOI: 10.24952/fitrah.v4i1.878
There are habits that have been hereditary done in the implementation of marriage in society of Tobing Julu. That is giving ransom money (pangolat) by the male (groom) to the “anak namboru” (anak namboru: a man who can marry a woman), which is requsted by “anak namboru” at the time of leaving woman from her home to her husband's home. The ordinance of this request is done by inhibiting the two brides outside the yard of woman’s house by preparing a seat and a drink, then invite the two brides to sit together, at the time they will enjoy the drinks that have been provided. But if it is seen and observed in the implementation of customs about ransom money (Pangolat) committed by the community has largely deviated from the actual customary provisions. Based on those, if the habitual of giving the ransom money (pangolat) in the implementation of marriage in Tobing Julu Kec Huristak Padang Lawas District has done suitable with actual custom, it will not contrary to Islamic law, then the law is allowed or ‘urf saheeh. On the contrary, if the execution of the ransom money (pangolat) has deviated from the actual custom, so the law will be included to the fasid ‘Urf or rejected
Kesetaraan dan Keadilan Gender Dalam Usaha Tani Padi Di Desa Tobing Julu Kec Huristak Kab Padang Lawas
Risalan Basri Harahap
Jurnal Kajian Gender dan Anak Vol 2, No 1 (2018)
Publisher : IAIN Padangsidimpuan
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DOI: 10.24952/gender.v2i1.2170
Rice is one of the main agricultural commodities in Tobing Julu Village, Huristak District, Padang Lawas Regency. Rice farming business in general is the main source of livelihood of the local village community. Men and women each play an important role in managing the rice farming, starting from seeds, plowing, planting, matching, fertilizing, harvesting, lifting from the paddy fields to the roadside to be brought home, cleaning the rice (airing). There is still a gap between women and men. then women experience subordination experiencing multiple workloads. Thus the purpose of this study is to analyze the extent of the relationship between farmers' socioeconomic factors (gender, age and level of education) with gender relations in the division of labor and household gender equality in Tobing Julu Village and to analyze the division of labor between men and women related to local socio-cultural aspects. The location of this research is Tobing Julu Village, Huristak District, Padang Lawas Regency. The results of the analysis show that gender inequalities in the form of subordination and multiple workloads still occur for women, especially in farming as one of the main commodities to fulfill the family's needs
Maqashid Ash-Sharia Principles In Child Protection
Riska Harnysah Harahap;
Risalan Basri Harahap
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan
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DOI: 10.24952/el-thawalib.v3i4.5945
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.
Penetapan Harga Makanan dan Minuman
Misbahul Khoiriah;
Ikhwanuddin Harahap;
Risalan Basri Harahap
Jurnal El-Thawalib Vol 2, No 5 (2021)
Publisher : IAIN Padangsidimpuan
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DOI: 10.24952/el-thawalib.v2i5.4411
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
Siti Absah;
Syafri Gunawan;
Risalan Basri Harahap
Jurnal El-Thawalib Vol 2, No 4 (2021)
Publisher : IAIN Padangsidimpuan
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DOI: 10.24952/el-thawalib.v2i4.4236
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.
Analisis Fatwa MUI Nomor 4 Tahun 2003
Desriani Desriani;
Zulfan Efendi Hasibuan;
Risalan Basri Harahap
Jurnal El-Thawalib Vol 2, No 5 (2021)
Publisher : IAIN Padangsidimpuan
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DOI: 10.24952/el-thawalib.v2i5.4400
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.
Pelaksanaan Akad Mukhabarah
Yuli Kartika Hutasuhut;
Risalan Basri Harahap
Jurnal El-Thawalib Vol 3, No 3 (2022)
Publisher : IAIN Padangsidimpuan
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DOI: 10.24952/el-thawalib.v3i3.5643
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.