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Jurnal El-Thawalib
Published by Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
ISSN : -     EISSN : 28287231     DOI : https://doi.org/10.24952/el-thawalib.v3i3
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Hukum Keluarga Islam, Hukum Tata Negara,Hukum Pidana Islam, Hukum Ekonomi Islam, Ilmu Alquran dan Tafsir
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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Search results for , issue "Vol 3, No 6 (2022)" : 15 Documents clear
Konsep Kompilasi Hukum Ekonomi Syariah Terhadap Gaji Buruh Di Desa Sawah Mudik Kecamatan Ranah Batahan Inim Roah; Dahliati Simanjuntak
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6652

Abstract

This research examines how the determination of workers' wages in the village of Sawah Mudik is reviewed according to the Compilation of Sharia Economic Law. The research method used is field research with a qualitative approach. Primary data sources, namely primary data sources in this study are male workers, female workers and land owners while secondary data is from books and scientific journals that are considered relevant to this research. data collection techniques with observation, interviews and documentation, with qualitative descriptive data analysis techniques. The results of this study are that the wages given by the employer to farm laborers in Sawah Mudik Village, Ranah Batahan District, West Pasaman Regency, if they work all day are IDR 70,000.00, if the workers are given lunch by the employer and if the workers bring their own lunch, the workers receive a wage of IDR 80,000.00. Meanwhile, the wages that female workers get if they work all day are IDR 50,000.00, if the workers are given lunch by the employer and if the workers bring their own lunch, the workers receive IDR 60,000.00. The wages made by the Sawah Mudik village community are in accordance with the review of the compilation of Sharia economic law if Mu'ajir has made a difference in wages between male and female farm workers on the basis that female farm workers often arrive late, men are more responsible for earning a living for his family and the majority of men do their jobs faster. If the mu'ajir gives a difference in wages between male and female farm workers on the basis of following customs that have become the customs of the local community without considering the above factors even though the type of work and the workload of male and female farm workers are the same. So in Sharia Economic Law it is not allowed because the Koran does not recognize differences between men and women because before Allah men and women have the same degree of position and what distinguishes between men and women is only their faith and piety. So this will be detrimental to farm workers and can cause harm.
Alternatif Penyelesaian Sengketa Waris Oleh Dalihan Na Tolu Di Desa Lumban Dolok Kecamatan Siabu Ilham Syukur
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6664

Abstract

This study examines the role of Dalihan Na Tolu in the settlement of inheritance disputes in Lumban Dolok Village, Siabu District, Mandailing Natal Regency. This research is a field research with a qualitative approach using primary data, namely data obtained directly from Dalihan Na Tolu, and the people of Lumban Dolok Village, especially people who have litigation. Meanwhile, secondary data was obtained by reviewing books, journals, and documents related to this research. Data collection in this study used the methods of observation, interviews, and documentation. The data analysis technique used descriptive qualitative analysis method. The results of this study that the concept of kinship between individuals in the Lumban Dolok Village community is reflected in the Dalihan Na tolu concept, there are several causes that cause disputes in the Lumban Dolok Village community, namely the lack of knowledge of the Lumban Dolok Village community regarding inheritance. Meanwhile, in the settlement of inheritance disputes, Dalihan Na Tolu acts as a mediator and acts as a facilitator. Furthermore, Dalihan Na Tolu has a strong reason so that Dalihan Na Tolu participates in the settlement of inheritance disputes, namely holding the principle of togetherness, feeling the same fate, being heavy and carrying, light and carrying. The settlement of inheritance disputes by non-litigation method is mostly successful and rarely is this inheritance problem brought to court if it has been resolved first by Dalihan Na Tolu.
Optimalisasi Pemda Palas Dalam Menanggulangi Tingkat Volume Sampah Di Kec. Barumun Pardamean Hasibuan; Mardona Siregar
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6658

Abstract

This research examines the role of DLHK in the implementation of article 21 of Padang Lawas District Regulation No. 2 of 2014 concerning Garbage from the perspective of Fiqh Siyasah. This research is a field research and was compiled using an empirical normative approach, the primary data source comes from Padang Lawas District Regulation No. 2 of 2014 concerning Trash Cans and secondary data comes from books and journals related to this research. While the data collection techniques used in this study consisted of interviews, observation and documentation and data analysis techniques using qualitative descriptive techniques. The results of this study state that the role of DLHK Padang Lawas Regency in implementing article 21 of Regional Regulation of Padang Lawas Regency Number 02 of 2014 concerning Trash Cans has not been implemented effectively. Because the socialization that has been carried out has not been evenly distributed and the distribution of trash cans that are not on target. Then from a review of siyasa dusturiyah studies. The role of DLHK in implementing Article 21 of Regional Regulation Number 2 of 2014 has not been implemented properly.
Jual Beli Online Dengan Menggunakan Sistem Cash On Delivery Di Kelurahan Kalangan di Tinjuan Kompilasi Hukum Ekonomi Syariah Afifah Nusrhoh; Agustina Damanik
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6653

Abstract

The problem in this study is how the practice of buying and selling online with the cash on delivery system is seen from the compilation of sharia economic law. This research is field research with a qualitative approach, the primary data source is from couriers and buyers while secondary data comes from documents related to this research, then data collection techniques through observation, interviews and documentation and data analysis techniques use descriptive qualitative. The results of this study explain that in buying and selling online, khiyar must be formed which has been implemented or carried out by sellers and buyers, namely Khiyar Disgrace and Khiyar Terms. It's the same as buyers who suffer losses because the goods they ordered are damaged, so they may return, and Khiyar. This condition applies if the conditions put forward by the seller have conditions to be allowed to return if they are not in accordance. Review of Compilation of Sharia Economic Laws regarding khiyar rights in buying and selling online in the COD system, the law is permissible, where it has been categorized as a type of buying and selling Bai'i As Salam. And the payment can also be made later when the goods ordered arrive at the destination address. Based on this, the explanation in the Compilation of Sharia Economic Law. Furthermore, it is not included in buying and selling transactions which are prohibited in Islam as explained in the previous chapter.
Penerapan Teori Diversi Terhadap Kasus Anak Ditinjau Dari Hukum Pidana Islam Rosmida Wati Siregar; Ihsan Helmi Lubis
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6665

Abstract

The problem in this study is the application of diversion at the Padangsidimpuan Police Station in terms of Islamic Criminal Law. The type of research used in this research is field research, using a Juridical Empirical approach, primary data sources are Padangsidimpuan City Police investigators and secondary data sources are books, journals and others. Data collection techniques used consisted of interviews, observation, and documentation. Qualitative descriptive data analysis techniques. The results of this study are the application of diversion efforts at the Padangsidimpuan City Police has not been fully implemented in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by taking into account the best interests of children (victims and suspects), the parties invited for diversion include: victims and family, suspect and family, BAPAS, Bapemas, institutions or social organizations accompanying children. Islamic Criminal Law Review In Islah, criminal acts that cannot be pursued are criminal acts that fall into the Hudud category such as adultery, accusing adultery, alcohol, apostasy and rebellion. Apart from these categories, peaceful means can be taken even if it involves serious crimes such as murder and so on. While in diversion, the benchmark is the period of confinement. Peace efforts can be pursued while threatened with imprisonment under 7 years and not a recidivist.
Implementasi Peraturan Bupati Mandailing Natal Tentang Pakaian Muslim Dan Muslimah Riski Padilah
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6660

Abstract

This research examines Mandailing Natal Regent Regulation Number 16 of 2019 concerning Muslim and Muslimah Clothing for State Civil Apparatuses in Mandailing Natal District in the Siyasah Fiqh Perspective. This research is a field research with a qualitative approach, the primary data source is the Mandailing Natal Regent's office. The primary data source in this study was data obtained from the head of the legal section of the Mandailing Natal Regent's office, namely Mr. Nurkholis S.H., M.H, along with staff in the legal, population and general departments at the Mandailing Natal Regent's Office. Secondary data sources for this researcher are books, articles, and other sources related to this research. Data collection techniques in this study are Observation, Interview, and Documentation. With qualitative descriptive data analysis techniques. The results of this study are that the Implementation of Mandailing Natal Regent Regulation Number 16 of 2019 concerning Muslim and Muslimah Clothing for State Civil Apparatuses in Mandailing Natal Regency, namely that there are still many employees who have not fulfilled the values of the Regent's regulations. Obstacles in implementing Regent Regulation Number 16 of 2019, namely for male Muslim employees wearing sarongs sometimes going to the office in a hurry is not possible to wear sarongs because wearing sarongs takes quite a long time, for female Muslim employees wearing the syar'i hijab it is still said to be far from Islamic rules because it still uses thin and newfangled materials. And Review of Fiqh Siyasah on the Implementation of Mandailing Regent Regulations Concerning Muslim and Muslim Women's Clothing for State Civil Apparatuses in Mandailing Natal District. Based on the Qur'an surah An-nisa Verse 59, that is, we are ordered to obey Allah, the Messenger and also the Leader, and the sources of law and our guidance in life are the Al-Qur'an and Hadith, and what is contained in the hadith, namely a leader is not only is responsible to his people but he also has to be responsible to Allah SWT, therefore the leader must make decisions in accordance with the Al-Qur'an and hadith to achieve benefit for humans
Pola Kemitraan Bagi Hasil Plasma Antara PT. Sago Nauli Dengan KUD Hemat Di Kecamatan Sinunukan Syahria Siregar; Hendra Gunawan
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6654

Abstract

This article discusses the Sharia Economic Law Compilation (KHES) for the production sharing of oil palm plasma land in the village unit cooperative Sinunukan IV, Sinunukan District, Mandailing Natal District. This research is a field research with a qualitative approach, the primary data source comes from the Chairperson of the Cooperative Village Unit for Savings (KUD Hemat), the Management of KUD Hemat, and members of the plasma land owners. Then the secondary data from this research are books, journals, field documents and other sources related to this research. Data collection techniques by interviews, observation, and documentation and data analysis techniques using qualitative descriptive techniques. The results of this study explain that the implementation of profit sharing carried out by the Efficient Village Unit Cooperative (KUD Hemat) is to use a percentage system, namely 80% for community members as owners of oil palm plasma land, commonly referred to as SHP (Harvest Remaining). 20% for the PT, and cooperative management get 1.5% of the 20% given by the company, Muzara'ah and Mukhabarah in KHES are made in 1 CHAPTER namely in CHAPTER IX the first part of Article 255 regarding the pillars and regarding the conditions contained in article 256 -261. In KHES namely in CHAPTER IX the first part of Article 255 regarding pillars are: land owner, cultivator, cultivated land, and contract. In terms of pillars, it is appropriate both in terms of KHES (Compilation of Sharia Economic Law) and from Islamic law. However, in terms of the conditions it has not met, namely related to the land planted, that is, the land to be cultivated must be clearly known, so as not to cause disputes between the parties making the contract. This is what causes these conditions to be less than perfect because according to the observations it was found that the people who got the plasma land did not know the exact location. Based on KHES, in terms of profit sharing, it is in accordance with mukhabarah in the form of a percentage where it is appropriate (not gharar), namely in the form of 80% for community members as owners of oil palm plasma land, commonly referred to as SHP (Remaining Harvest) every month. 20% for the PT, and cooperative management gets 1.5% of the 20% given by the company.
Pertimbangan Hakim Dalam Menjatuhkan Sanksi Tindak Pidana Pencurian Ringan Perspektif Hukum Pidana Islam Rahman Zulfadli Lubis; Zul Anwar Ajim Harahap; Ahmad Sainul
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6666

Abstract

This article describes the judge's considerations in deciding the sanctions for minor theft from the perspective of Islamic Criminal Law. This type of research is normative. The legal materials of this research consist of primary and secondary legal materials in the form of Decision No: 8/Pid.C/TPR/2019/PN PSP, while secondary legal materials are in the form of books, journals and documents related to Islamic criminal law, data collection techniques with the case study method. In this study, the data analysis technique used is the legal hermeneutic analysis method. The results of this study indicate that in Islamic criminal law, theft can be referred to as ordinary theft when theft consists of four elements, namely the element of property taken secretly, the element of the item taken in the form of property, the element of the property being the property of another person and elements of malicious intent or against the law. While the decision No: 8/Pid.C/TPR/2019/PN PSP only consists of three elements that this crime is referred to as light theft, not ordinary theft. The punishment given is ta'zir punishment. 
Pemberdayaan Masyarakat Melalui BUMDes di desa Janji Manahan Sil Kecamatan Dolok Kabupaten Padang Lawas Utara. Maulidan Taufik Ritonga
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6661

Abstract

This research examines community empowerment through the Village Owned Enterprise program which is being developed in Janji Silangge Village, Dolok District, North Padang Lawas Regency. This type of research is field research with a Juridical Empirical approach. The primary data sources are the Village Head, Village Officials, Community. Secondary data sources are books, data and documents. Data collection techniques used Observation, Interview and Documentation methods. The data analysis technique is qualitative and descriptive. The results of this study explain that the development process in which the people of Janji Manahan Silangge Village, Dolok District, North Padang Lawas Regency took the initiative to start a process of social activities to improve their own situation and condition. on the edge of tourist attractions. Village-owned enterprise programs, namely water tourism, stalls, lubukban, the process of profit sharing from the village-owned enterprise program of 20%, The supporting factors in the development program for village-owned enterprises are appropriate and running well because Janjimanahan village Silangge is between two regencies, namely Labuhan Batu Selatan and Labuhan Batu regencies, before the dam was made into a tourist spot, this dam has been around for a long time and before this tourist spot existed, this dam was often visited by local and foreign people to visit . The inhibiting factors for the BUM Desa program in Janjimanahan Village, Dolok District, North Padang Lawas Regency, where the village community is envious in running this program and human resources are far different from those in urban areas.
Persepsi Masyarakat Terhadap Praktik Qordh Pada Masa Covid-19 Perspektif KHES Nur Bayyina Harianja; Syafri Gunawan
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6655

Abstract

This study discusses the lending and borrowing of money carried out by the people of Pangurabaan Village, Sipirok District, South Tapanuli Regency in terms of the Sharia Economic Law Compilation. This type of research is field research with a qualitative approach, the primary data source in this study is the community who practice lending to loan sharks in Pangurabaan Village. Secondary data sources are in the form of books, journals and documents related to this research. Data collection techniques through observation, interviews and documentation. The data analysis technique is a descriptive type of research. The results of the study showed that the factor that influenced the community to borrow money from loan sharks was education, the education of the people of Pangurabaan Village was still low. Second, the work of most people in Pangurabaan Village who carry out loan transactions with loan sharks are farmers/planters and also traders. Third, the lack of working capital. Fourth, the time needed to get money/business capital is faster and easier. Fifth, family economic factors that are not fulfilled. Not everyone can meet the financial value of his family.

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