cover
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 3, No 5 (2022)" : 15 Documents clear
Penyadapan Ditinjau Menurut Undang-Undang No. 11 Tahun 2008 dan Hukum Islam Fitri Juwita; Dame Siregar
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.v3i5.6196

Abstract

The problem in this reseach is tapping, because tapping is one of theĀ  stealing activities with or without installing additional devices or devices on the telecommunication network to obtain information either secretly or openly. Wiretapping activities have existed since the first world war which was carried out to maintain national defense and security. Now tapping is carried out to uncover various corruption cases related out state financial losses. The purpose of this study is to determine of electronic information tapping in law number 11 of 2008 and to find out islamic law against the crime of tapping electronic information numer 11 of 2008.The research method used is a qualitative method with the type of library research, the data is mostly taken from books and journals. Including primary journals, namely law no 11 of 2008 on information and electronic transactions.The research results show that the first law on wiretapping was formed because on the basis of the 1995 constitution which states that the right to communicate must be protected, those who violate the the law will be sentenced to 10 years in prison and a maximum fine of Rp. 800,000,000.00 ( eight hundred million rupiah). Second, in the law of tajassus, the criminal act of tajassus committed by muslims against other muslims will be subject to ta`zir punishment and if is carried out by infidels harby to muslims, it will be punished by death.
Pelaksanaan tata cara penunjukan wali di Kecamatan Gunung Tuleh Kabupaten Pasaman Barat Mita Aulia; Muhammad Arsad Nasution
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.v3i5.6207

Abstract

A guardian is a person or entity that in fact exercises parental power over a child. Along with the implementation of Government Regulation Number 29 of 2019 concerning Terms and Procedures for Appointment of Child Guardianship in Review of Islamic Law (Case Study In Gunung Tuleh District, West Pasaman Regency). The purpose of this research is how to implement Government Regulation Number 29 of 2019 concerning Terms and Procedures for Appointing Child Guardianship in Gunung Tuleh District, Pasaman Barat Regency, how is the view of Islamic Law regarding the Implementation of Government Regulation Number 29 of 2019 concerning Terms and Procedures for Appointing Child Guardianship in the Subdistrict Mount Tuleh, West Pasaman Regency. This type of research used in this research is field research, namely collecting data from jorong, pious ulama, notes, adoptive parents who have conducted child research in Gunung Tuleh District, West Pasaman Regency. Data collection techniques used are observation, interviews, and documentation. The results of this study indicate that the reason for the guardianship of the child by the adoptive parents is because they do not have children, the biological parents have a poor economy and have compassion for the biological parents. The implementation of child guardianship is only limited to a letter of agreement, it is not recorded at the population service and there is no stipulation. Then in terms of population administration, especially birth certificates and family cards (KK) for all respondents, the adopted children are named after their adoptive parents. And change the status of the child to become a biological child. So the implementation of child guardianship in Islamic law is not in accordance with Islamic law. And from this it can be seen that from the implementation of child guardianship, not from the appointment of a guardian based on the request or will of the parents. And change the status of adopted children to biological children.
Praktik Jual Beli Barter Sparepart Sepeda Motor Di Kelurahan Sadabuan Kota Padangsidimpuan Ditinjau Dari Kompilasi Hukum Ekonomi Syariah Rahmat Husein; Ahmatnijar Ahmatnijar
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.v3i5.6202

Abstract

The background of the problem in this research is the sale and purchase of spare parts motorcycles that are still in the credit period, but the debtor has default against one of the leasing companies in the city of Padangsidimpuan. As a result of the default, the leasing party will withdraw the motorcycle before the leasing party comes to recall the motorbike In this case, the debtor has sold some of the motorcycle spare parts with barter trading system. For example, such as rear shock (spring), tires and others. Whereas in the Compilation of Sharia Economic Law Article 266 which states: contains about Tenants are prohibited from renting and lending ijarah objects to other parties except with the permission of the party who rents out The formulation of the problem in this study is how to practice buying and selling motorcycle spare parts barter and a review of the Sharia Economic Law Compilation on the sale and purchase of motorcycle spare parts barter in the Sadabuan urban village Padangsidimpuan The method used in this research is the research method qualitative. As for the data collection techniques in the form of interviews and documentation. In this method, the data analysis used is descriptive that is, the researcher analyzes a systematic picture of what is happening in the field. Then perform an analysis of the findings by using adjust between findings and theory From the results that the practice of trading spare parts barter carried out in Sadabuan Village and the community have not fully complied with the requirements regarding buying and selling by barter which is contained in several provisions and can be eliminating the benefits, so the sale and purchase of spare parts is not in accordance with Compilation of Sharia Economic Law and because of the lack of clarity with objects or goods on the object being traded.
Pelaksanaan Pilkada di Pondok Pesantren Musthafawiyah purba Baru pada pemilihan Gubernur Tahun 2018 Rizki Sufi Amelia
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.v3i5.6197

Abstract

This study examines the Implementation of the Pilkada at the New Musthafawiyah Islamic Boarding School in the 2018 Gubernatorial Election. This research is a field research using a normative juridical approach, the primary data source is the Chairperson of the Election Commission of Mandailing Natal Regency, the Chairperson of the Purba Baru Islamic Boarding School Foundation, the Chairperson of the Muadallah Aliyah Islamic Boarding School. New Purba Musthafawiyah, and New Ancient Musthafawiyah Islamic Boarding School Students. secondary data is data that includes documents related to this research, data collection techniques with observation, interviews and documentation, and qualitative descriptive analysis. The results of this study prove that the Implementation of Pilkada at the New Musthafawiyah Islamic Boarding School in the 2018 Governor Election, based on Article 61 paragraph (1), (2), (3), and (4) Law Number 10 of 2016 concerning the Election of Governors in terms of Fiqh The General Election Commission's policy in making decisions about student suffrage is not based on general principles. benefit principle. The inhibiting factors for the students of the Musthafawiyah Purba Baru Islamic Boarding School in exercising their voting rights were, among others, internal factors, the difficulty of managing files or certificates of moving to vote from the original TPS to the destination TPS. where they choose.
Pemanfaatan Mahar Oleh Suami Tanpa Izin Istri Perspektif Konpilasi Hukum Islam Ariana Harahap; Ikhwanuddin Harahap
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.v3i5.6208

Abstract

The use of dowry by husbands without the wife's permission in Labuhan Labo Village, Southeast Padangsidimpuan District is an interesting thing to study, which is generally dowry in the form of objects such as a set of prayer tools, rings, etc., to be given to the wife. However, in this study the dowry used is in the form of money or a plot of land used for a living, the need to pay fines, business, and others even though the dowry itself is the right of the wife where using it must be with the wife's permission. The formulation of the problem in this study consists of: 1. How is the use of the dowry used by the husband without the wife's permission in Labuhan-labo Village, Southeast Padangsidimpuan District? 2. What is the review of the compilation of Islamic law on the use of dowry by a husband without the wife's permission on family harmony in Labuhan-labo Village, Southeast Padangsidimpuan District? The research objectives are: 1.To determine the use of the dowry used by the husband without the wife's permission in Labuhan-labo Village, Southeast Padangsidimpuan District. 2. To find out the review of the compilation of Islamic law on the use of dowry by husbands without the wife's permission on family harmony in Labuhan-labo Village, Southeast Padangsidimpuan District. This type of research is field research (field research). This research is also empirical by using a descriptive qualitative approach. Data collection techniques in this study are interviews, observation and documentation. The results of this study are: 1. The reasons behind the use of dowry are due to several factors including: reasonable use to meet family income, pay debts, venture capital and consider it joint property. 2. As a result of the use of dowry, namely: lack of harmony in the family, quarrels or disputes and divorce occur. 3. Based on the Compilation of Islamic Law, the use of the dowry may only be done with the wife's permission. Because the dowry is the property of a wife which the husband may not use for its benefits except with the permission and pleasure of the wife.

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