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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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Persepsi Mahasiswa Bercadar IAIN Padangsidimpuan terhadap Proses Pemilihan Presiden Tahun 2019 Marpaung, Lidya Nurjannah; Siregar, Khoiruddin Manahan
Jurnal El-Thawalib Vol 4, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i2.9599

Abstract

This study discusses the Political Participation of Veiled Students of the Padangsidimpuan State Islamic Institute in the 2019 Presidential Election in the City of Padangsidimpuan. The type of research is field research (field research) with a field approach. The date source consisted of primary, nmaelyveiled studets at IAIN Padangsidimpuan and secondary books, journal article, documentation, relevant to this  study.  Date collection techniques  are obsevation, interviws, and analysis techniques are descriptive analysis.. This secondary data consists of literature which is reading material, the work of experts from their respective fields whose function is to explain primary legal materials. After obtaining complete data, it is then analyzed to get more relevant results. The results of the study stated that the Political Participation of Veiled Padangsidimpuan State Islamic Institute Students in the 2019 Presidential Election in Padangsidimpuan City was still very minimal as can be seen from the level of participation of Padangsidimpuan State Islamic Institute students who wore veils in the presidential election in Padangsidimpuan city where there were 32% who voted. and did not vote 68%. The results of the study show that the factors that affect the low level of political participation of female students are first, educational background, second, environment, and third, the many political actors who deviate. The consequences are first, the bad democratic system and second, the decline in the level of public trust in the government.
Reformasi Hukum Waris: Memadukan Aspek Adat dan Agama demi Mewujudkan Keadilan dalam Pembagian Warisan Riyanda, Arief Rahman
Jurnal El-Thawalib Vol 6, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i1.10567

Abstract

ABSTRACTThis article discusses the need for inheritance law reform that integrates customary and religious aspects to achieve justice in the distribution of inheritance. In a heterogeneous society with cultural diversity and religious beliefs, it is important to accommodate strong customary values and high-principled religious principles in the inheritance legal process. Inheritance law reform that combines customary and religious aspects can create equality in inheritance distribution while respecting traditions and beliefs embedded in the community. The article explains that through the introduction of inclusive legal regulations and dispute resolution mechanisms based on customary and religious principles, justice can be achieved. In this context, the article also emphasizes the importance of cooperation among legal institutions, legal experts, customary leaders, and religious figures in formulating fair legal policies. Thus, the article highlights that inheritance law reform that integrates customary and religious aspects is not only important for achieving justice in inheritance distribution but also strengthens cultural diversity and tolerance in society.
Penetapan Sanksi Qishas Terhadap Tindak Pidana Main Hakim Sendiri Dalam Perspektif Hukum Pidana Islam Batu Bara, asmiah; Nasution, Muhammad Arsad; Harahap, Risalan Basri
Jurnal El-Thawalib Vol 4, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i2.9563

Abstract

The problem in this study is regarding vigilante sanctions in the perspective of Islamic criminal law. Because there are no regulations or laws governing vigilante sanctions. This type of research is field research using normative legal and empirical legal approaches. The data source for this research comes from primary data and secondary data. The primary data source is the Investigator from the Criminal Investigation Unit of the Mandailing Natal Resort Police and the secondary data source is books, data, journals and documents. The data collection technique used consisted of interviews, observation, and documentation. Data analysis techniques were descriptive qualitative. The results of this study are that the vigilante sanction in the Mandailing Natal Resort Police area has already been stipulated in accordance with Article 170 of the Criminal Code, but in terms of implementation it has never been carried out because the Resort Police considers that the victim of vigilantism is usually because he was the perpetrator of a previous crime, so the perpetrator is considered as an enemy of society as well. Vigilance in Islamic criminal law already has provisions in which the vigilante is subject to qishas sanctions, but if the victim's family forgives the perpetrator, the sanction is replaced with a diyat.
Praktik Sewa-Menyewa Kontrakan ditinjau dari Fiqih Muamalah Anisah, Rezki; Gunawan, Syafri; Simanjuntak, Dahliati
Jurnal El-Thawalib Vol 6, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i1.13550

Abstract

            This study discusses the leasing contract carried out by the people of Aek Mual Village, Siabu District, Mandailing Natal Regency in terms of muamalah fiqh. The background of this research is because there are still many people who practice leasing where the contract is not in accordance at the beginning with at the end. The objectives to be achieved in this study are to find out what are the factors that cause people to practice leasing and how to review the muamalah fiqh of leasing that occurs in Aek Mual Village whether it is appropriate according to muamalah fiqh or not. This type of research is field research (field) which is qualitative in nature, namely data collection carried out by direct observation of Aek Mual Village, documentation and interviews with village people who practice leasing rented houses in Aek Mual Village. After obtaining complete data, it is then analyzed using deductive reasoning analysis methods, namely explaining the views of the lease first, then analyzing the applicable regulations, namely Fiqh Muamalah. The results of the study show that the factors that influence the community to lease are the first, population movement, movement of residents from the city to the village or from one village to another, this is what causes someone to rent to get a place to live in Aek Mual Village. Two people who have just married, most people who have just married will rent this out on the basis of not having enough money to build a house. The leasing practice transactions carried out by the people of Aek Mual Village are not fully in accordance with the Fiqh Muamalah agreements that are not suitable at the beginning and end (contract). In Fiqh Muamalah the contract (agreement) at the beginning must be in accordance with the agreement at the end as agreed by both parties.
Mempekerjakan Anak Di Bawah Umur Ditinjau Dari Undang-Undang No 13 Tahun 2003 Tentang Ketenagakerjaan Al-Anami, Umi Ajizah; Harahap, Nurhotia
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.v5i1.11035

Abstract

This research examines how the implementation of child employment and the views of Labor Law Law No. 13 of 2003. The research used is field research with a qualitative approach. Primary data sources in this study were child labourers, Tangkahan company owners, and community leaders, while secondary data in this study were from books, scientific journals and through references available in various places considered relevant to this research. Data collection techniques with observation, interviews and documentation, with qualitative descriptive data analysis technique. The results in this study indicate that the implementation of child labor in Tangkahan, Aek Manis Village, Sibolga Selatan District, is doing the work of lifting buckets filled with fish and separating fish from one place to another, the work carried out by these children is not in accordance with the rules for child and not in accordance with the view of labor law Law No. 13 of 2003 Article 69 Paragraph 1 which reads "The provisions referred to in Article 68 can be exempted for children aged between 13 years to 15 years to do light work as long as it does not interfere with physical development and health , mental and social”. Then the factors that cause children to work are poverty and compulsion to encourage parents.
Kajian Etimologi dan Terminologi Jual Beli dalam Hadis: Implikasi Terhadap Hukum dan Etika Ekonomi Islam Selmi, Selmi; Ilham, Rizky Amaliyah R.; Sakka, Abdul Rahman
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.v5i2.14393

Abstract

Konsep jual beli dalam hadis melalui pendekatan etimologis dan terminologis guna memperkaya pemahaman tentang prinsip-prinsip ekonomi Islam. Studi ini mengidentifikasi dan menganalisis kata-kata kunci terkait jual beli yang terdapat dalam hadis, serta mengupas makna asli dan konteks penggunaannya dalam bahasa Arab klasik. Pendekatan etimologis berfungsi untuk menelusuri asal-usul kata dan maknanya, sementara pendekatan terminologis mengeksplorasi pemaknaan teknis jual beli dalam konteks ajaran Islam. Hasil penelitian menunjukkan bahwa konsep jual beli dalam hadis tidak hanya berfokus pada aspek transaksi material, tetapi juga mencakup dimensi etika dan spiritual, yang mendasari praktik ekonomi yang adil dan menghindari unsur riba, gharar (ketidakpastian), dan maisir (spekulasi). Kajian ini juga mengungkap bahwa prinsip-prinsip tersebut memiliki relevansi penting dalam penerapan hukum ekonomi Islam kontemporer dan dapat menjadi landasan bagi pengembangan etika bisnis yang berlandaskan pada nilai-nilai keadilan, kejujuran, dan tanggung jawab sosial. Dengan demikian, penelitian ini diharapkan dapat memberikan kontribusi signifikan dalam menguatkan pemahaman hukum dan etika ekonomi Islam yang bersumber dari hadis.
Studi Living: Persepsi Masyarakat Terhadap Tradisi Bacaan Shalat Tolak Bala Hasibuan, Elida Marwiyah; Hasiah, Hasiah; Siregar, Sawaluddin
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.v5i1.10859

Abstract

This article examines the perceptions of the people of Hutaraja Lamo Village, Sosa District, Padang Lawas Regency towards reading the prayer to reject reinforcements. This type of research is field research with a qualitative approach. The primary data sources in this article are religious leaders, traditional leaders, village heads, Naoso Nauli Bulung and the Hutaraja Lamo village community. While the secondary data comes from books, journal articles related to this article. for data collection techniques using observation, interviews and documentation, then analyzed using data analysis techniques is descriptive research. The results of this study indicate that the people of Hutaraja Lamo village, Sosa sub-district, Padang Lawas district believe that the community's understanding of the recitation of the prayer to reject reinforcements is selected verses (al-ikhlas, an-nas and al-falaq). As well as reciting three times after al-Fatihah, totaling four cycles, one greeting and having a bayati rhythm. The public's understanding of the recitation of the prayer against reinforcements may be carried out and there is no compulsion to carry it out. When there are conditions such as being overwritten by a disaster or a disease that does not go away. Then it is permissible to carry out the recitation of the prayer to repel reinforcements with the aim of asking forgiveness from Allah SWT. So by holding the recitation of the prayer to repel reinforcements, this is done with the intention because of Allah Ta'ala and surrendering to Him all illnesses will disappear forever. As for the people's reasons for reading the prayer to reject reinforcements, it must be done with confidence and surrender to Allah. The people also say that after reading the prayer to repel reinforcements, there is a change in the people who are sick, and all the calamities that have befallen us all will not come again. The reason for the community to carry out the recitation of the prayer to reject reinforcements must be with confidence and surrender to Allah.
Implementasi Peraturan Menteri Pekerjaan Umum Republik Indonesia Nomor: 03/PRT/M/2013 Pasal 35 Tentang Pemilihan Tempat Pembuangan Akhir Asyfah, Dinda; Dalimunthe, Dermina; Kurniawan, Puji
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.v5i2.13177

Abstract

The problem in this research is the implementation of the Regulation of the Minister of Public Works of the Republic of Indonesia Number 03/PRT/M/2013 Article 35 concerning Selection of Final Disposal Sites in Padangsidimpuan City. The type of research used is field research with a qualitative approach. The primary data source in this research is Padangsidimpuan City Environment and Community Service employees. Meanwhile, secondary data are books and scientific journals that are considered relevant to this research. Data collection techniques use observation, interviews and documentation with qualitative descriptive data analysis techniques. The results of this research show that the implementation carried out by the Environmental Service is first, waste sorting which is carried out manually by scavengers. Second, waste processing still uses the Open Dumping system, namely just throwing away waste without any processing. Third, supervision of final disposal sites, namely creating guard posts and people responsible for controlling piles of rubbish at final disposal sites. Then the supporting factor for the Padangsidimpuan City final disposal site is that long before regulations regarding final disposal sites were formed, the final disposal site in Simatohir village already existed. The surrounding environment at the Padangsidimpuan City landfill is also still surrounded by residents' gardens, where air pollution caused by burning smoke from the landfill can be controlled, as can the lechate from the landfill. Then the inhibiting factors for moving the Padangsidimpuan City landfill from Simatohir village to Batang Bahal require large funds, air pollution, and the absence of socialization from the government.
The Analysis of The Decision No. 1706/Pdt.G/2020/PA.Mdn. Based on The Decision No. 93/PUU-X/2012 Siregar, Muhaimin Nur; Siregar, Fatahuddin Aziz
Jurnal El-Thawalib Vol 4, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i2.9600

Abstract

This research discusses regarding the sharia economic dispute resolution based on akad which usually occures, with analyzed of the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. according the Constitutional Court Decision No. 93/PUU-X/2012 regarding sharia economic dispute resolution based on akad. The type of this research is library research and in the form of normative legal research. The research approach uses statute approach and case approach with theoretical review by pure theory of law and positivism theory of law. The primary legal materials consist of UUD 1945, KUHPerdata, Law No. 21 of 2008 regarding the Sharia Banking, Law No. 3 of 2006 regarding Religious Courts, Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolution, Law No. 3 of 2004 regarding the Constitutional Court, Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. and Constitutional Court Decision No. 93/PUU-X/2012. The secondary legal materials are books, thesis, and law journals according to the research problems. The colecting datas technique is documentation and the analysis technique uses desciptive analysis. The result of this reseacrh shows that the consideration of the Medan Religious Court Judges’ on the decision No. 1706/Pdt.G/2020/PA.Mdn. who declares that It was not authorized to try the lawsuit based on the explanation of Article 3 of Law No. 3 of 1999 which principally states that the court  is not authorized to try between parties who have been bound in an Arbitration akad and the Constitutional Court Decision No. 93/PUU-X/2012 does not make it has no legal force. Because the two legal standing is separated. Then, by reviewing of the Constitutional Court Decision No. 93/PUU-X/2012 toward the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. regarding the sharia economic dispute resolution based on akad is contradict with law according to the pure theory of law and positivism theory of law. Because the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 that stated sharia economic dispute resolution through arbitration contradict  with  UUD 1945.Sharia Economic Dispute, Dispute Resolution, Akad
Analisis Fenomena Childfree dalam Hukum Fiqih Islam (Studi Pendekatan Konsep Niat) Fauzi, Irfan; Salamah, Daris; Anwar, Zaeni; Apni, Cut Nadila
Jurnal El-Thawalib Vol 6, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i1.14800

Abstract

The phenomenon of childfree, which is the decision not to have children, has become an increasingly discussed topic in Indonesia, especially along with the influence of feminism and liberalism movements from the West. This study aims to analyze the phenomenon of childfree from the perspective of the concept of intention in Islam, in order to determine its legal status. Using the descriptive analysis method, this research highlights the importance of intention and the methods used in the practice of childfree. In Islam, intention plays a crucial role in determining the value of an action. The decision not to have children is acceptable if it is based on intentions that are in accordance with Sharia and the methods used do not contradict Islamic principles. For example, if a couple chooses not to have children due to health reasons that could endanger one of the parties, or due to considerations of greater benefit, then the decision can be justified. Conversely, if the decision is based on intentions that are not in accordance with Islamic teachings, such as unwillingness to fulfill the role of parents without justified reasons, then the practice of childfree becomes impermissible. This research confirms that the determination of the law regarding childfree should consider the intention underlying the decision and the method used. Thus, it is important for individuals and couples to understand and evaluate their intentions in the context of Islamic teachings before deciding not to have children. The results of this study are expected to provide insight for the community to be wiser in addressing the phenomenon of childfree, as well as emphasizing the importance of intention and methods that are in accordance with Sharia in every decision taken.

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