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Hate Speech and Social Disintegration: A Normative Response to the Hadith in the Hermeneutical Study of Muhammad Al-Ghazali Paizin, Harel Bayu; HD, Ahmad Tri Muslim; Alimin, Muh; Ilyas, Syamsul Ma'arif
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.16970

The phenomenon of hate speech has become a global epidemic in the digital era, spreading at an extraordinary speed through social media platforms such as Facebook, X, WhatsApp, TikTok, and Instagram. This is a crucial problem that requires a solution to prevent social disintegration in society. The purpose of this article is to identify and examine the normative relevance of hadith as an ethical and practical response to hate speech through the hermeneutics of Muhammad al-Ghazali's hadith. This type of research is qualitative with a phenomenological analysis approach. Primary data sources come from hadith books and secondary data from related journals and books. Data were collected through observation and document study techniques and analyzed using content analysis techniques. The results of this study indicate that al-Ghazali did not view hadith merely as literal texts, but rather as social ethical doctrines oriented towards the goals of sharia, namely maintaining the welfare of the community. His hermeneutics places hadith as a normative foundation that firmly rejects hate speech, because it is considered contrary to the basic principles of Islam such as unity, justice, and human dignity.

Justice and Legal Certainty in the Annulment of Divorce Decisions: The Perspective of Principles Complicating Divorce Latifah, Tasya Putri
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17009

The annulment of a divorce decision highlights a divergence in judicial perspectives regarding the granting of divorce. One of the primary considerations is that the divorce petition was deemed premature, as it did not yet fulfill the requirements for a divorce to be granted. In annulling the divorce, the judges sought to consider all relevant aspects, including legal justice and the principle of legal certainty. This consideration forms the basis of the present study, which aims to analyze how the judges’ legal reasoning reflects these principles in rendering a decision that annulled the divorce. This study employs a qualitative, normative juridical approach. The primary data sources are the case files Number 1/Pdt.G/2025/PTA.Yk and Number 422/Pdt.G/2024/PA.Wt, while supplementary sources included books, journal articles, and statutory regulations such as the Marriage Law, the Compilation of Islamic Law (KHI), and SEMA Number 3 of 2023. Data collection was conducted through documentation, and analysis was performed using a descriptive approach based on inductive reasoning. The research revealed that the appellate panel of judges annulled the previous divorce decision based on consideration of justice and legal certainty. From the perspective of legal justice, the judges determined that the divorce petition was premature, as it did not meet the 6 months separation requirement, and there was no evidence of domestic violence during the marriage; therefore, the divorce could not be granted. From the perspective of legal certainty, the panel referred to the principle of complicating divorce proceedings, as stipulated in SEMA Number 3 of 2023. Consequently, the divorce was annulled for failing to meet the substantive requirements of the law. Based on these considerations of justice and legal certainty, the panel of judges annulled the divorce, thereby restoring legal certainty regarding the marital status of the husband and wife.

The Legal Politics Of Relocating The National Capital: An Analysis Of Law No. 21 Of 2023 From The Perspective Of Mahfud Md’s Theory Of Legal Politics Ansori, Saiful; Maghfiroh, Siti
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17165

This article examines the close relationship between law and politics from a legal-political perspective, emphasizing Mahfud MD's thinking and its implementation in the formation of Law Number 3 of 2022 concerning the National Capital (IKN), which was later revised into Law Number 21 of 2023. This study utilizes political configuration theory and the character of legal products. This research is qualitative with a normative-juridical approach. The data sources consist of primary and secondary sources. Data collection techniques were conducted through literature review and systematic document review of primary and secondary legal sources. The data analysis technique used was normative-juridical analysis. This research demonstrates that law is inherently inseparable from political interests. The case study of the IKN Law demonstrates executive dominance and a solid political coalition, with a rapid legislative process but minimal public participation. The resulting law tends to be conservative-elitist, despite containing aspirational elements such as equitable development and sustainability. These findings confirm that law as a political product can function to legitimize strategic policies, but also leaves behind problems of participation and the potential for marginalization of society.

The Strategic Role of Non-Judicial Mediators in Achieving Effective and Just Family Dispute Resolution in the Batam Religious Court Jalili, Ahmad; Nabila, Dachia; Andriansyah, Muhammad
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17354

This research is motivated by the increasing number of family cases at the Batam Religious Court and the need for mediation as a more effective and equitable alternative dispute resolution. The purpose of this study is to analyze the contribution of non-judgmental mediators in resolving family conflicts and to identify the role, challenges, and effectiveness of mediation. This is a qualitative field study. Primary data were collected through in-depth interviews with non-judgmental mediators, judges, and litigants at the Batam Religious Court, while secondary data were obtained from annual reports, mediation documents, and literature on religious court mediation. Data collection techniques included observation, interviews, and documentation, while data analysis used a descriptive-analytical approach to examine the contribution patterns and effectiveness of non-judgmental mediation in resolving family conflicts. The results show that non-judgmental mediators have a strategic role in facilitating peace through a more humanistic, flexible, and deliberation-based communication approach. Their presence can reduce judges' caseloads, accelerate settlement, and maintain harmonious family relations after the conflict. Despite obstacles such as low public legal awareness, resistance from disputing parties, and a limited number of certified mediators, the effectiveness of mediation by non-judge mediators has been quite high, with a positive impact on the just, peaceful, and sustainable resolution of family cases.

Problems of Formal Review of the TNI Law: Analysis of the Principles of Public Participation and Transparency in the Formation of Legislation Ifani, Titania Nur; Zaini, Maghfirotuz; Ohoiwutun, Y. A. Triana; Rato, Dominikus
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17390

Lawmaking is one of the fundamental instruments in realizing legal certainty and justice in national and state life. In practice, the legislative process in Indonesia still often sparks debate, both regarding substance and procedure. One of the prominent issues is the formation of the Indonesian National Army Law (UU TNI), which is being questioned due to alleged formal defects in its formulation stage. In this study, the type of research used is normative legal research or library research. The approaches used in this study are the statute approach, the conceptual approach, and the case approach. The main issue underlying the formal review of the TNI Law is the alleged failure to meet the principles of public participation and transparency in the legislative process, which has implications not only for the technical aspects of the law but also touches upon the dimensions of legitimacy and the quality of procedural democracy in Indonesia. Formal testing of the TNI Law within the framework of constitutional oversight of the legislative process certainly faced much debate. Out of the 10 cases submitted, all were rejected because the Constitutional Court found that the TNI Bill did not violate the law regarding its non-inclusion in the national legislation program, that the TNI Bill was a carryover, that the TNI Bill was in accordance with TNI reform, that the discussion of the TNI Law was transparent and accountable, that there was no limitation on document access or information access, and that the other 5 cases were still in the trial process.

Uncovering the Roots of Paternal Negligence in Child Support After Divorce in Pariangan District Raflis, Aullya; Yunarti, Sri; Kasmidin, Kasmidin
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17228

Child support is a right guaranteed by Islamic law and positive Indonesian law, but in practice, it is often ignored by fathers after the breakup of a marriage. This study aims to uncover the root causes of fathers' negligence in providing child support after divorce in Pariangan District. This type of research is field-based and qualitative. Primary data sources are directly from ex-wives who have divorced and experienced problems in receiving child support, as well as religious leaders, traditional leaders, and the Office of Religious Affairs (KUA) in Pariangan District. Secondary data sources include fiqh books, Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law (KHI), journals, and scientific articles. Data obtained through observation, interviews, and documentation from religious leaders and local KUA officials. Data analysis techniques: Qualitative Descriptive. The results of this study indicate that the obligation to provide child support in Pariangan District does not have standard guidelines from the court, so that fathers often provide support according to their wishes and not according to the child's needs. Economic factors cause paternal neglect, a lack of understanding that children are their responsibility, the influence of Minangkabau customs, women's ignorance in court proceedings, fathers who remarry, and a lack of trust from ex-husbands in their wives. In Minangkabau customs, especially in Pariangan, mothers play a role in providing for their nephews, as the saying goes: "Anak dipangku, kamanakan dibimbing" (child in the lap, kamanakan dibimbing).

Professional Zakat and Its Relevance to Theory Maslahah Muhammad Sa’id Ramadhan Al-Buthi Akbar, Ali; Rizki, Muh
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17351

Zakat is an Islamic obligation, one of the five pillars of Islam. In early Islam, zakat focused on existing community income, such as agriculture, animal husbandry, and trade. However, in modern times, income sources have increased, including new professions such as government employees, lecturers, doctors, and so on. Therefore, it is necessary to discuss zakat on income from these professions. The purpose of this study is to explain the definition of professional zakat, how it is calculated, compare the perspectives of classical and contemporary scholars on professional zakat, and assess its relevance to the theory of mashlahah proposed by Dr. Muhammad Sa'id Ramadhan Al-Buthi. This research is a library research with a qualitative approach, where the primary data is the book of fiqh zakat by Al-Qardhawi and Fikh Al-Islam Wa Adillatuhu by Wahbah Az-Zuhaili, the secondary data comes from journal articles that are in accordance with the research. The data collection technique is by identifying appropriate data, then reviewing and identifying it, then analyzing it by interpreting it in depth and presenting it in the research. The results of this study are professional zakat is a mandatory zakat imposed on everyone who earns income from each of their businesses with the condition that it reaches 85 grams of gold if the income is calculated in one year, professional zakat is relevant to the Al-Buthi mahslahah because it is based on Maqasid Syari'ah and does not conflict with the Qur'an, Sunnah, qiyas and other maslahah.

Penundaan Pembagian Harta Warisan Di Desa Morang Kecamatan Batang Onang Kabupaten Padang Lawas Utara Dalam Perspektif Hukum Islam Nasution, Nur Halimah; Siregar, Fatahuddin Aziz; Hasibuan, Ahmad Soleh
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13372

Based on the background of the problem in this research, the community in Morang Village did not distribute inheritance after their father and mother died for certain reasons and without any deliberation from all the heirs, while postponing the distribution of inheritance could lead to huge conflicts in the future. According to Islamic law, if you want to postpone the distribution of inherited assets, you must have the consent of all the heirs. The formulation of the problem in this research is what are the factors that cause delays in the distribution of inheritance? What is the view of Islamic law regarding postponing the distribution of inherited assets? and what is the impact of postponing the distribution of inheritance? The aim of this research is to find out what factors cause delays in the distribution of inheritance, as well as how Islamic law views delays in the distribution of inheritance and to find out what the consequences of delays in the distribution of inheritance are. The theory in this research is related to the theory of understanding inheritance, the basis of inheritance law based on the Al-qu'an, the basis of inheritance law based on ijtihad, the principles of inheritance in Islamic law, the causes of inheritance, heirs and their respective parts, expert groups inheritance according to lineage, heirs generally determined in the hadith, factors hindering inheritance according to Islamic law, obligations of heirs to heirs. This research is quantitative research, namely research carried out by collecting primary data and secondary data on phenomena seen directly in the Morang Village community. The primary data source for this research is the people of Morang Village, Batang Onang District, conducting interviews and documentation. And the secondary data in this research are books, journals, theses and other supporting sources. Based on the results of this research, the researchers concluded that the delay in the distribution of inheritance was caused by economic and educational factors, customary and customary factors, and the public's lack of understanding regarding delays in the distribution of inheritance. According to Islamic law, the postponement of the distribution of inherited assets must be hastened and the distribution of inherited assets may be carried out for valid reasons and with the consent of all other heirs. The impact of postponing the distribution of inherited assets is the breakdown of relationships, changing the status of inherited property rights to personal property rights, quarrels between families and reduced harmony within the family.

Penghapusan Pembantu Pegawai Pencatat Nikah (P3N) Terhadap Pelayanan Pernikahan Siregar, Adelina; Nasution, Muhammad Arsad; Sainul, Ahmad
Jurnal El-Thawalib Vol 5, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i1.10858

This study examines the impact of removing P3N on marriage services at the Padang Sidempuan city Office of Religious Affairs after the fall of the instruction of the Directorate General of Islamic Community Guidance number Dj.II/113 of 2009 regarding the use PNBP funds for marital reconciliation and P3N management, as well as the instruction of the Director General of Islamic Community Guidance number Dj.II/1 0f 2015 about the P3N designation for regions D1 and D2. The research method used is field research with a qualitative approach.The primary data from the instruction of the Directorate General of Islamic Community Guidance number Dj.II/113 of 2009, instruction of the Director General of Islamic Community Guidance number Dj.II/1 0f 2015, Head of KUA Padangsidimpuan Selatan district, Padangsidimpuan Tenggara district, the Padangsidimpuan Angkola Julu district, P3N who was dismissed and the community. And the secondary data in this study are books, journals, theses and other supporting sources.Data collection techniques with observation, interviews, and documentation, with qualitative descriftive data analysis techniques. As for the reserach results obtained in this study P3N removal is carried out in two stages, namely 1) all P3N in the working area of KUA Padangsidimpuan city were officially abolished since the fall of intruction of the Director General of Islamic Community Guidance number Dj.II/113 of 2009 and 2) was not reappointed after an instruction from the Director General of Islamic Community Guidance number Dj.II/I of 2015 because the entire area of KUA Padangsidimpuan city is classified as typology C. 1) The impact of removing P3N is that it has an impact on KUA which has one who doubles as the head of KUA. 2)There was a time conflict between someone who wanted to consult with the time of registration of marriage outside the KUA. 3) Information that is slow to reach the public. 4) Wedding schedule shift. 5)P3N is still used by the public.

Tinjauan Fiqih Muamalah Terhadap Praktik Pengupahan Karyawan Pada Usaha Tempe Mentari, Melis; Harahap, Zul Anwar Ajim; Hsb, Putra Halomoan
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13134

The focus of this research is a review of muamalah jurisprudence on employee wage practices in tempe businesses in Penggalangan Village, Sei Bamban District, Serdang Bedagai Regency, by raising two main issues, namely 1) how to implement wage payments between owners and employees in tempe businesses in Penggalangan Village, Sei Bamban District, Regency. Serdang Bedagai? 2) What is Fiqih Muamalah's review of employee wage practices in the tempe business in Penggalangan Village, Sei Bamban District, Serdang Bedagai Regency? The approach used in this research is a qualitative-descriptive approach, namely collecting data by means of interviews, observation and documentation. This research is qualitative, namely research carried out by collecting primary data and secondary data on phenomena that are occurring directly. The primary data from this research is the business owner and three workers in the tempe business in Penggalangan Village, Sei Bamban District, Serdang Bedagai Regency. And the secondary data in this research are books, journals, government publications, and other supporting sites or sources. The results of the research show that the mechanism used in the tempe business in Penggalangan Village, Sei Bamban District, Serdang Bedagai Regency is carried out by means of a verbal agreement, with the contents of the agreement stating that the salary is given in the form of a monthly salary with working hours starting from 07.00-17.00 WIB with a salary of Rp. 750,000 per month. If there is additional work outside the specified time, the business owner will provide an additional salary of Rp. 10,000 per hour. The workers have fulfilled their agreement, but the business owner has not fulfilled what was stated in the verbal agreement, namely not paying wages outside the agreed working hours. Based on the reality of the implementation of the agreement in the tempe business in Penggalangan Village, Sei Bamban District, Serdang Bedagai Regency, in terms of muamalah fiqh, it is contrary to what was agreed (default). It is mentioned in the hadith narrated by Ibnu Maja Rasulullah Saw, who said, which means "give a worker his wages before his sweat dries", based on the hadith narrated by Ibnu Maja Rasulullah Saw, the tempe business owner did not fulfill his agreement, namely not providing additional wages outside the specified working hours. A Muslim must carry out all transactions in a clear, transparent and fair manner.

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Mustafid

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Elthawalib@gmail.com

Editorial Address
JALAN T RIZAL NURDIN KM 4,5 SIHITANG PADANGSIDIMPUAN, Padangsidimpuan, Provinsi Sumatera Utara

Location
Kota padangsidimpuan,

Sumatera utara

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

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

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

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