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Contact Name
Mustafid
Contact Email
fidmusta22@gmail.com
Phone
+6285211335664
Journal Mail Official
Elthawalib@gmail.com
Editorial Address
JALAN T RIZAL NURDIN KM 4,5 SIHITANG PADANGSIDIMPUAN, Padangsidimpuan, Provinsi Sumatera Utara
Location
Kota padangsidimpuan,
Sumatera utara
INDONESIA
Jurnal El-Thawalib
ISSN : -     EISSN : 28287231     DOI : https://doi.org/10.24952/el-thawalib.v3i3
Core Subject : Religion, Social,
Hukum Keluarga Islam, Hukum Tata Negara,Hukum Pidana Islam, Hukum Ekonomi Islam, Ilmu Alquran dan Tafsir
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
Search results for , issue "Vol 2, No 3 (2021)" : 15 Documents clear
Penetapan Hari Pernikahan Berdasarkan Tradisi Jujuran Elma Ariska Sitompul; Muhammad Arsad Nasution
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (800.172 KB) | DOI: 10.24952/el-thawalib.v2i3.3975

Abstract

Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. In Islamic marriage law, there is a principle known as the principle of selectivity.The problems in this thesis are how to determine the wedding day based on the Jujuran tradition in Hutabalang Village, and How to Review Islamic Law on the determination of the wedding day based on the Jujuran tradition in Hutabalang Village. The purpose of this study was to determine the implementation of determining the wedding day based on the Jujuran tradition in Hutabalang Village, and to analyze the Islamic Law Review on the determination of the wedding day based on the Jujuran tradition in Hutabalang Village, Badiri District, Central Tapanuli Regency.This type of research is field research using qualitative descriptive analysis method. This research approach is by means of observation, interviews, documentation based on the provisions of Islamic law and applicable customary law relating to the determination of a wedding day based on the jujuran tradition in Hutabalang Village, Badiri District, Central Tapanuli Regency. As for what the researchers studied were traditional leaders, religious leaders, and communities who determined their wedding day based on the jujuran tradition.The results showed that "The determination of the wedding day based on the tradition of honesty in Hutabalang Village, Badiri District, Central Tapanuli Regency in terms of Islamic law". Marriage can be done in the month of Rabiul Akhir, Jumadil Akhir, Rajab, Syaban, then looking for a good day of marriage with a period of one week or one week. There are five people who are not allowed to marry, namely Rupput Tuju, Simonggal-monggal, Unang Lao, Unang Lao, and Doppak Pudi Pamudunna, ni Parhohos logi balloons. After the wedding day is set for the bride and groom, the designated date is for marriage so that there are no disturbances faced at the time of a wedding. The implication of this tradition is that doubts if it does not comply with the inherent customs and becomes a belief, it is feared that unwanted things will occur. This kind of tradition is not in accordance with Islamic law because it is feared that it will fall into kufr. In this case the rule of fiqhiyyah applies "Refusing damage takes precedence over attracting benefit."
Hukuman Kebiri Bagi Kejahatan Pedophilia Putri Situmeang; Adi Syahputra Sirait
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (732.323 KB) | DOI: 10.24952/el-thawalib.v2i3.3989

Abstract

Pedophilia is a form of sexual violence against children. This crime is an extraordinary crime because it violates the honor and threatens the life of the child as the successor of the nation's ideals. Various efforts have been made by the government to provide protection for children, from increasing penalties and fines to stipulating chemical castration as a sanction for action. In jinayah fiqh itself, castration as a criminal sanction is not known in Islamic law, so it raises a lot of pros and cons in various circles of society, especially scholars regarding the emergence of castration punishment in criminal sanctions for child protection. The formulation of the problem from this research is what are the dimensions of fiqh jinayah in the  Law Number 17 of 2016 concerning the castration penalty for pedophilia crimes. The purpose of this study is to determine the dimensions of fiqh jinayah in the RI Law Number 17 of 2016 concerning the castration penalty for pedophilia crimes. Furthermore, the type of research used is the type of empirical normative research, using a conceptual approach. The results obtained, that in the determination of castration for the crime of pedophilia in the  Law Number 17 of 2016 there are dimensions of fiqh jinayah which are viewed from the perspective of maqashid al-syariah and maslahah al-mursalah. In the castration punishment in the perspective of maqashid al-syariah, there is a goal of passing down the shari'a that is oriented towards the maintenance of al-kulliyat al-khamsah, namely hifz ad-din, hifz an-nafs, hifz al-'aql, hifz an-nasb and hifz al-mal, In addition to maqashidal-syariah, there is also benefit as God's goal in lowering the Shari'a, namely maslahah al-mursalah, the form of the existence of maslahah in castration punishment in the form of jalb al-manafi and dar al-mafasid at the al-hajiyyat (secondary) level. With the fulfillment of the fiqh dimensions of jinayah in the castration punishment, it shows the purpose and spirit of Islam in legal legislation, because it contains the maintenance of maqashid al-khamsah and also benefits.
Jual Beli Ikan Dalam Keranjang Vebby Claudia Rizki Pasaribu
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1129.478 KB) | DOI: 10.24952/el-thawalib.v2i3.3984

Abstract

The economic factor is one of the reasons for each party to get faster profits. Many ways have been done to fulfill this, such as the practice of buying and selling fish per basket carried out by the parties concerned in Tangkahan Renta Sari Pancuran Bambu Village, Sibolga Sambas District, Sibolga City, where they do not pay attention to the types of fish in it. and what kind of loss effect the prospective buyer and seller will experience. The purpose of this study was to determine how the practice of buying and selling fish per basket in Tangkahan Renta Sari Pancuran Bambu Village, Sibolga Sambas District, Sibolga City, as well as a review of the compilation of sharia economic law on the sale and purchase carried out. The theory used in this research is the theory that is in accordance with the legal basis of buying and selling, pillars and terms, to buying and selling that is prohibited in accordance with the Compilation of Sharia Economic Law. But the difference between the types of fish makes the buyer or trader who wants to buy not know what fish is in the basket and also the buyer cannot see whether the fish is really fresh as said by the Tangkahan officer or the fisherman who sells the fish. And this buying and selling also uses a message system for those who have subscribed, so the technological development that we enjoy today is like a double-edged sword, on the one hand it contributes to increasing prosperity, progress and human civilization in a more practical and instant direction.
Mahar Berupa Rumah Dan Pertapakannya Abdullah Zaman; Ahmatnijar Ahmatnijar; Dermina Dalimunte
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (952.335 KB) | DOI: 10.24952/el-thawalib.v2i3.3977

Abstract

This thesis is entitled Mahar in the form of a house and its hermitage (Case Study 54/Pdt.G/2016/PA.Psp The purpose of this research is how the decision of the Padangsidimpuan Religious Court against the dowry suit in the form of a house and its hermitage, what is the judge's consideration in determining the decision on the dowry suit in the form of a house and hermitage by the plaintiff to the defendant.  The problem in this study is that at the time of mentioning and handing over the dowry the groom gives a dowry/dowry in the form of his house and hermitage, but at the time of ijab qabul, the marriage registrar (P3N) does not ask whether the house and the hermitage really belong to the groom and do not ask for a certificate issued by the groom. legally shows that the house and hermitage really belong to the groom. After getting married they lived together in a house which became the dowry of the marriage.  The marriage lasted for approximately one year, there were quarrels and quarrels that led to divorce so that the wife sued her husband to the Padangsidimpuan religious court demanding a dowry in the form of a house and hermitage which was used as a dowry at the time of consent and qabul. This  type of research is a qualitative research. The subject of this research is the judge of the Padangsidimpuan Religious Court. The data sources of this research are primary data and secondary data. Data collection techniques are interviews and documentation. The data processing technique is descriptive analysis, namely presenting data or research results clearly and in detail. The data analysis technique of this research is to systematically search and compile the data obtained from interviews and documentation in the form of the judge's decision, by organizing the data into categories, describing it into units, synthesizing, compiling into patterns, choosing which ones are important. and what will be studied and draw conclusions.  The results of this study are that the judge in resolving the dowry case in the form of the house and its hermitage, in the legal regulations in Indonesia, namely in articles 30-33 of the KHI in considering the decision of the dowry case in the form of a house and hermitage in the Padangsidimpuan religious court case study no 54/Pdt/ .G/2016/PA.Psp.
Praktik Akad Jual Beli Lembu Abdul Manaf Harahap
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (962.342 KB) | DOI: 10.24952/el-thawalib.v2i3.3987

Abstract

There was bartering of oxen for land, because the disaster expert did not have cash to pay for the ox, he only had a plot of land which in comparison to the price of the ox was not worth the price. In the initial agreement, the ox was paid with a piece of land, and in the agreement there was no authentic evidence to prove that the agreement was that the ox was paid with a piece of land owned by the disaster expert. The problem in this thesis is how the implementation of the bull sale and purchase contract and how the Fiqh Muamalah view of the bull sale and purchase contract with a plot of land in the VII Neighborhood of Gunung Tua Market, Padang Bolak District, North Padang Lawas Regency. The purpose of this study was to determine the implementation of the bull sale and purchase contract and to know the view of muamalah fiqh on the implementation of the bull sale and purchase contract with a plot of land in the VII Neighborhood of Gunung Tua Market, Padang Bolak District, Padang Lawas Utara Regency. This type of research is field research using qualitative descriptive analysis method. The approach of this research is by means of observation, interviews, and documentation based on the provisions of Islamic law and customary law in force and related to the implementation of the bull sale and purchase contract in the VII Neighborhood of Gunung Tua Market, Padang Bolak District, Padang Lawas Utara Regency. The informants interviewed were environmental leaders VII, religious leaders, bull buyers and ox sellers. The results of this research are bull sellers and buyers of oxen in the VII neighborhood of Gunung Tua Market know that what they are doing is wrong, but they close their eyes to what is happening because it has become a habit, then with urgent things without being noticed that suddenly come. without any preparation to make ox buyers do this. bull sellers who are mature and competent in legal action as well as cattle buyers who are mature and able to distinguish between good and bad. the object of sale and purchase, namely the goods being traded must be known (seen), clearly, their quantity, weight, and other measurements.
Bantuan Sosial Sembako dan Bantuan Sosial Tunai Rahmi Fadilah
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (827.06 KB) | DOI: 10.24952/el-thawalib.v2i3.3992

Abstract

Direct Cash Assistance is a policy issued by the government which has a specific purpose and reason primarily to eradicate poverty. However, in Mompang Julu Village, North Panyabungan District, Mandailing Natal Regency, there are still many problems due to the unfair and unequal distribution of direct cash assistance. The distribution of aid lacks transparency, which causes a commotion. From this problem the author wants to know how to implement the Decree of the Minister of Social Affairs Number 54/Huk/2020 concerning the Implementation of Basic Food Social Assistance and Cash Social Assistance in Handling the Impact of Corona Virus Disease 2019 in Mompang Julu Village, Panyabungan District North Mandailing Natal Regency, what are the supporting and inhibiting factors, and how is the Fiqh Siyasah Review of the Decree of the Minister of Social Affairs Number 54/Huk/2020 concerning the Implementation of Basic Food Social Assistance and Cash Social Assistance in Handling the Impact of Corona Virus Disease 2019 in Mompang Julu Village, North Panyabungan District Christmas Mandailing. The type of research used in this study isfield research, using qualitative descriptive analysis methods, namely describing phenomena or events in the field. The data collection instrument used consisted of interviews, observations, and documentation. The results of this study are that the implementation of the Minister of Social Affairs Decree Number 54/HUK/2020 concerning the Implementation of Basic Food Social Assistance and Cash Social Assistance in Handling the Impact of the 2019 Corona Virus Disease in Mompang Julu Village, North Panyabunga Subdistrict, did not run smoothly and well, then the supporting factors were because the emergence of socialization of the Village Fund BLT expenditure program, while the inhibiting factor is the lack of firmness of an implementer's attitude, as for the view of the fiqh siyasah review that in the management of state finances based on the distribution of state expenditures and expenditures it must be fair but what the relevant authorities are not fair.
Pelaksanaan Peraturan Daerah N0.7 Tahun 2003 Putri Adelina; Ahmatnijar Ahmatnijar; Dermina Dalimunthe
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (784.742 KB) | DOI: 10.24952/el-thawalib.v2i3.3982

Abstract

Implementation of Regional Regulation Number 7 of 2003 concerning Prevention and Eradication of Community Diseases in Gunung Tua Tonga Village, Panyabungan City District.The background of this research is the implementation of Regional Regulation No. 7 of 2003 concerning Prevention and Eradication of Community Diseases in Gunung Tua Tonga Village, Panyabungan City District. Which of course has an impact on the lack of public understanding of the Regional Regulation Number 7 of 2003 concerning the Prevention and Eradication of Community Diseases, it causes more people to consume narcotics and distribute liquor.The formulation of the problem of this research is how the implementation of regional regulation Number 7 of 2003 concerning the prevention and eradication of community diseases in Gunung Tua Tonga Village, Panyabungan Subdistrict, the city and the factors that become inhibitors and supporters in the implementation of the region Number 7 of 2003 concerning the Prevention and Eradication of Community Diseases in Gunung Tua Tonga Village, Panyabungan City DistrictBy using this field research, the location is in Gunung Tua Tonga Village, Panyabungan District, Kota. so to find out the results or the truth of the problems in this study, researchers used data collection instruments by means of interviews and documentation. Meanwhile, to manage the data is done by identification, category, analysis, and conclusion.After doing the research, the results showed that in the implementation of regional regulation number 7 of 2003 concerning Prevention and Eradication of Community Diseases, it had been implemented although it was not yet effective because there were still found in the field using narcotics or liquor in Gunung Tua Tonga Village, Panyabungan City
Sertifikasi Halal pada Produk Makanan
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (892.913 KB) | DOI: 10.24952/el-thawalib.v2i3.3985

Abstract

Berdasarkan fakta di lapangan, peneliti menemukan masih banyak produsen yang tidak mengikuti aturan yang telah ditetapkan oleh MUI dan pemerintah daerah. Rumusan masalah dalam penelitian ini adalah bagaimana penerapan sertifikasi halal pada produk pangan di Kota Padangsidimpuan dan apa saja kendala pelaksanaan sertifikasi halal produk pangan di Kota Padangsidimpuan. Penelitian ini merupakan penelitian kualitatif dengan pola deskriptif. Informan dalam penelitian ini adalah pemilik usaha, karyawan, dan pembeli. Sedangkan instrumen pengumpulan data dalam penelitian ini adalah observasi dan wawancara. Hasil penelitian menyimpulkan bahwa pelaksanaan Sertifikasi Halal Produk Pangan di Kota Padangsidimpuan saat ini belum ada.Bahwa mereka belum sepenuhnya mengetahui tata cara pembuatan label halal pada makanan dengan alasan bahwa toko mereka belum memenuhi syarat untuk mendaftarkan sertifikasi halal pada makanan. Karena mereka mengatakan bahwa untuk menjaga label halal, mereka harus memiliki toko yang besar dan memiliki cabang di beberapa kota. Hambatan Pelaksanaan Sertifikasi Halal Produk Pangan di Kota Padangsidimpuan. Persepsi mereka tentang sertifikasi halal pada makanan adalah prosedur yang sangat sulit ditambah yang kita keluarkan begitu besar dan proses sertifikasi halal terlalu banyak sehingga perusahaan yang mendaftarkan produk membutuhkan waktu lama karena sertifikasi halal pada makanan. produk sangat sulit didapatkan.Karena mereka mengatakan bahwa untuk menjaga label halal, mereka harus memiliki toko yang besar dan memiliki cabang di beberapa kota. Hambatan Pelaksanaan Sertifikasi Halal Produk Pangan di Kota Padangsidimpuan. Persepsi mereka tentang sertifikasi halal pada makanan adalah prosedur yang sangat sulit ditambah yang kita keluarkan begitu besar dan proses sertifikasi halal terlalu banyak sehingga perusahaan yang mendaftarkan produk membutuhkan waktu lama karena sertifikasi halal pada makanan. produk sangat sulit didapatkan. Karena mereka mengatakan bahwa untuk menjaga label halal, mereka harus memiliki toko yang besar dan memiliki cabang di beberapa kota. Hambatan Pelaksanaan Sertifikasi Halal Produk Pangan di Kota Padangsidimpuan.Persepsi mereka tentang sertifikasi halal pada makanan adalah prosedur yang sangat sulit ditambah yang kita keluarkan begitu besar dan proses sertifikasi halal terlalu banyak sehingga perusahaan yang mendaftarkan produk membutuhkan waktu lama karena sertifikasi halal pada makanan. produk sangat sulit didapatkan.
Penentuan Jumlah Mahar Dalam Perkawinan Antar Suku Nurainun Siagian
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (858.085 KB) | DOI: 10.24952/el-thawalib.v2i3.3974

Abstract

The fundamental problem in this research is the determination of the amount of dowry in intertribal marriages in Hapesong Baru Village, Batang Toru District, South Tapanuli Regency.This problem is motivated by the determination of the amount of dowry in Batak customs if a man wants to marry woman from the Batak Tribe the amount of dowry given is quite high and the average amount is Rp. 30,000,000-Rp. 40,0000,000 (Thirty million rupiah-Fourty million rupiah), in contrast to the Javanese custom in terms of the tradition of determining the amount of dowry to be given by the prospective groom to the prospective bride, it is not too high and the average amount is Rp. 10,000,00-Rp. 20,000,000 (Ten million rupiah-Twenty million rupiah).The research methodology used is qualitative field research, namely research conducted by collecting primary and secondary data on the phenomenon that is happening directly. And this research which becomes the primary data is data obtained directly from the research subject, the primary data of the researcher is the people of Hapesong Baru Village, Batang Toru District, South Tapanuli Regency who are married. 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, determining the amount of dowry in intertribal marriages due to different customs in the marriage procedures of the two tribes, namely the marriage customs of the Batak and Javanese marriage customs. The people who get married are the Batak and Javanese. And other things, namely factors, work, educations, and social status.
PELAKSANAAN PERJANJIAN PT.MIR (MAJU INDO RAYA) Abdi Novia; Syafri Gunawan; Dermina Dalimunthe
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (925.898 KB) | DOI: 10.24952/el-thawalib.v2i3.3978

Abstract

The purpose this study to implementation of the agreement between PT.MIR (MAJU INDO RAYA) and ampolu village community. This research is emprical Field Researeh. With data collection techniquedone by interview and observation. Data were analyzed using qualitative approach method. The result of the research shows that the  implementation of the agreement between PT.MIR (MAJU INDO RAYA) and ampolu village community.  Not in accordance with what  was promised as well as violating the agreement that has been made by PT.MIR (MAJU INDO RAYA). Where  PT.MIR (MAJU INDO RAYA) does   not water the road three  times a  day,  PT.MIR (MAJU INDO RAYA)  does not fill  the road with sertu and  pare maintenance isnotcarried out.

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