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JALAN T RIZAL NURDIN KM 4,5 SIHITANG PADANGSIDIMPUAN, Padangsidimpuan, Provinsi Sumatera Utara
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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 293 Documents
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Konseptualisasi Kompilasi Hukum Ekonomi Syariah Terhadap Praktik Hutang Piutang Antara Toke Ikan Dengan Nelayan Dita Rusiani L. Tobing; Zulfan Efendi Hasibuan
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.v3i5.6201

Abstract

Debt is an activity of borrowing money or goods between people in need (debtors) and people who have money or goods (creditors) and then lending them and later the money or goods will be returned in the same form and amount. This is similar to what happened at the Help Group Warehouse in Sibolga City where when fishermen want to go sailing to catch fish, the fish toke will finance or give debts to fishermen according to what is needed when they want to catch fish, on the condition that fishermen must sell their catch. to fishermen. toke fish at below market prices. To find out the practices between fishing activities and fishermen in the fishermen's group warehouse, please help in the compilation of sharia economic law. This research is included in empirical research (field research), and the use of a qualitative approach, the data used comes from primary and secondary data, and the research methods of collecting are interviews and documentation. Based on the results of research on the Practice of Receivables from Toke Fish and Fishermen in the Compilation of Sharia Economic Law (Case Study of Warehouses for Auxiliary Fisherman Groups in Sibolga City), the contract agreement was made orally, the debts incurred in the KNTM warehouse in Sibolga City were harmonious and harmonious. receivables and receivables have been fulfilled, then the practice of receivables is legal according to the Sharia Economic Law Compilation. However, the benefits in trade payables that occur in the Sibolga City KNTM warehouse and the existence of conditional debts make the debt unlawful or the debt canceled because there is a withdrawal of benefits in it, this is not permitted.
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 the  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.
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.

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