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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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Tinjauan Hukum Pidana Islam Terhadap Implementasi Restorative Justice Pada Tindak Pidana Pencurian Buah Kelapa Sawit Hasibuan, Nur Habibah; Hasibuan, Zulfan Efendi; Sainul, Ahmad
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.v5i2.13371

Abstract

This study examines the implementation of restorative justice in the crime of theft of palm fruit in Handio village under Islamic criminal law. This type of research is qualitative or field research and the primary data source is data or information obtained directly through interviews with the people of Handio Village, Village Heads/Village Officials, Traditional Leaders, Religious Leaders, Alim Ulama, Hatobangon, Theft perpetrators and Victims. The secondary data sources are books, journals, and documents that are considered related to this paper, while the collection technique is by means of observation, interviews and documentation then the data analysis technique is descriptive qualitative. The results of this study explain that the implementation of Restorative Justice in the crime of theft is a transfer of the formal legal process to non-formal settlement channels to resolve cases peacefully, deliberation, consensus by presenting the parties concerned. Cases peacefully, because the Village Apparatus considers that formally resolving cases will cause problems such as disputes, hostilities and slow down settlement of cases. In this case, it is still categorized as light theft in positive law and Islamic criminal law, if it has not reached the minimum stolen limit, the sanction is Takzir. Resolving cases peacefully can increase solidarity among human beings for a safe and peaceful life. The sanctions imposed on the perpetrators of the crime of theft applied in Handio Village are in the form of fines and making a letter of agreement, if they repeat it they will be processed legally
Dimensi-Dimensi Hukum Pidana Islam Dalam Sanksi Tindak Pidana Begal Wahyuni, Siska; Gunawan, Hendra
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.v4i2.9615

Abstract

The problem in this research are the dimensions of islamic criminal law in the criminal act of robbery. The type of research  used is library research using a normatif yuridis approach, namely by using statutory approach. The main data source is the primary data source, namely in article 365 of the criminal code. And secondary data sources are taken from books, legal journal articles, and related documents. Data collection technique or legal materials by identifying data introduction and editing (acurate data checking), This research data analysis technique is by interpreting the data according to the purpose, design and nature of the research. The result of the research obtained in islamic law the sanctions  for legal perpetrators areexile, cross cut hands and peet, santenced to death and exile while in the ciminal code the punishment for legal is only imprisonment and death penaltu, ift the acct does not kill the victim  then the sentence is 9-12 years prison, and the sentence is increased to 15 years if someone dies, that the dimension of islamic criminal law in sanctions for criminal acts of robbery is hudud finger. Therefore, the sanctions for perpetrators off robbery in article 365 of the criminal code are very light when compared to the sanctions for perpetrators of robberies in islmic law.
Perspektif Hukum Pidana Islam Terhadap Tanggung Jawab Pemilik Ternak Harahap, Ain Zahrona; Habibi, Habibi; Harahap, Risalan Basri
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.v5i2.13133

Abstract

The problem in this study is the responsibility of livestock owners for damage caused by their livestock, in (Sobar Village, Padang Bolak Julu District). Basically, everyone who owns and maintains livestock has full rights and obligations towards their livestock, for the damage caused by these livestock. In the case of damage caused by livestock, the owner of the livestock is obliged to provide compensation to the aggrieved party. This is in accordance with the positive law contained in article 1368 of the Civil Code and in Islamic law contained in surah Al-Baqarah verse 205 and the same is the case with the Perdes village of Sobar. The research method used is field research with a qualitative approach. Data sources consist of primary data, namely the Sobar village community and village officials, while secondary data, namely laws and journals related to the problems discussed in this study. Data collection techniques using interviews and documentation with qualitative descriptive data analysis techniques. The results of the study show that the responsibility of the livestock owner to the injured person is obligatory to compensate based on the agreed rules, but if livestock enter/damage the land but there is no responsibility for the livestock owner, then the land owner has the right to the livestock, because it is compensation from livestock that damage the land. However, in terms of compensation, there are obstacles that are often encountered, namely it is not known for sure who owned the livestock that caused the damage, there is no recognition from livestock owners because they are afraid of compensation. What can be done by landowners to be held accountable for losses caused by livestock through village officials so that they are more assertive in implementing applicable regulations, and specifically make identification marks for each livestock. 
Pernikahan Childfree Perspektif MUI Kota Padangsidimpuan H, kurniawan; Ahmatnijar, Ahmatnijar; Sirait, Adi Syahputra
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.v4i2.9596

Abstract

This research examines voluntary childfree marriages or childfree marriages from the perspective of the Indonesian Ulema Council, Padangsidimpuan City. This research is a field research with a qualitative approach from the perspective of Maqasid Al-Syariah. The data sources in this study consisted of two sources of data, namely primary data which was obtained directly from the Chairman of the Padangsidimpuan MUI and the Chair of the Fatwa Commission and the Secretary of the Padangsidimpuan MUI Fatwa Commission, and secondary data collected through references available in various places that are considered relevant to discussing childfree, the data collection techniques used are interviews and documentation. The data analysis technique used by researchers in this study is inductive qualitative. The results of the study, namely the Indonesian Ulema Council of the Padangsidimpuan City MUI explained that childfree marriage or marriage with a commitment without children between husband and wife is something that violates the Shari'a if it is carried out without any harm between the two parties in accordance with the Word of Allah SWT in the Qur'an sura Al-Baqarah: 223 concerning the obligations and rewards of having children, and also in his perspective the Padangsidimpuan City MUI emphasizes the role of children in marriage which is very central between husband and wife in protecting offspring (Hifz al-Nasb) in Maqasid Al-Syariah both in religious and cultural factors that exist in Indonesia, so there is no reason that allows someone to deliberately not have children except in circumstances that are harmful and in accordance with Islamic religious law.
Kriminalisasi Nilai Moral: Konstruksi Kebijakan Kriminal di Negara Muslim Modern Kadir, Zul Khaidir Kadir
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.v6i1.14553

Abstract

Criminalization of moral values refers to the legalization of prohibitions on behavior that is considered contrary to religious, ethical, or customary norms, although it does not always involve direct violations of the rights or interests of others. Unfortunately, the establishment of criminal policies based on moral values is often considered an expression of national identity based on religion, but in practice it often triggers heated debates about legal legitimacy, social justice, and violations of individual rights. This study aims to critically analyze the phenomenon of criminalization of moral values in criminal policies in modern Muslim countries. In addition, it focuses on identifying the main elements that form criminal policies based on morality, evaluating their impact on social justice and human rights, and proposing an alternative framework that aims to create harmony between religious norms and universal values. This study uses a normative legal research method using a comparative approach. The data collection method is collected using library research, then analyzed qualitatively and presented descriptively. The results of the study show that the criminalization of moral values in the criminal policies of modern Muslim countries creates a dilemma between religious norms and legal needs that are relevant to social reality, often causing injustice and repressive social control. To overcome this, an inclusive approach is needed, such as proportionality, restorative justice, and community participation, in order to create harmony between religious morality, substantive justice, and the needs of modern society, while strengthening legal legitimacy and social cohesion.
Kritik Terhadap Positivisme Dan Relevansinya Terhadap Kritik Az-Zahabi Atas Tafsir Ibnu Arabi Fahrudin, Khusna
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.v6i1.14467

Abstract

Kajian ini mengkaji kritik terhadap positivisme sebagai aliran filsafat yang menekankan observasi empiris dan rasionalitas, serta relevansinya dengan kritik Az-Zahabi terhadap eksegesis Ibn Arabi. Positivisme, sebagai pendekatan filsafat yang berpusat pada data empiris dan metode ilmiah, sering kali mengabaikan dimensi metafisik dan spiritual dalam kajian pengetahuan. Positivisme sering kali dikritik karena sikap reduksionisnya terhadap aspek realitas metafisik dan non-empiris. Sebaliknya, eksegesis Ibn Arabi, yang kaya akan pemikiran dan simbolisme Sufi, menekankan dimensi metafisik. Az-Zahabi, seorang sarjana yang kritis terhadap interpretasi Ibn Arabi, berpendapat bahwa pendekatan Sufi dapat menyebabkan bias interpretatif. Kajian ini berupaya untuk mengeksplorasi bagaimana kritik terhadap positivisme dapat menawarkan perspektif baru dalam mengevaluasi kritik Az-Zahabi terhadap eksegesis Ibn Arabi, khususnya dalam konteks metodologi dan epistemologi.
Upaya Kantor Urusan Agama Dalam Meminimalisir Pernikahan Dini Siregar, Siti Suriani; Ahmatnijar, Ahmatnijar
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.v5i1.11026

Abstract

This research examines the implementation of early marriages in North Padangsidimpuan District, Padangsidimpuan City and the efforts of the religious affairs office in minimizing early marriages in the District. The research method used is field research with a qualitative approach. The primary data sources in this research are the Head of the North Padangsidimpuan District Office of Religious Affairs, religious leaders and people who enter into early marriages. While secondary data was collected through several references such as books, laws and journals that were considered relevant to this research. Data collection techniques with interviews and documentation with qualitative descriptive data analysis techniques. Based on the research results obtained, namely to carry out early marriages in North Padangsidimpuan District, there are procedures to be followed so that the marriage is legal in the eyes of religion and in the eyes of the law. Such as submitting a marriage dispensation to the Padang Sidempuan Religious Court, obtaining a marriage license, providing a copy of the dispensation decision to the religious affairs office, notification of the will to marry, examination of the will for marriage, announcement of the will for marriage, and implementation of the marriage contract. Then the KUA's efforts to prevent early marriage in Padang sidempuan Utara District are checking the administrative completeness of the two prospective brides, conducting outreach to the community, youth and parents and socializing law number 16 of 2019. It is proven by the KUA's efforts that the number Underage marriages are decreasing every year. Namely, from 2020 to 2022 there will be 16 underage marriages, with details of 5 underage men and 11 women. Then in 2020 there will be 11 people, in 2021 there will be 4 people and in 2022 there will be 1 person.
Reformulation of Livelihood in Islamic Family Law: Qur’anic Basis and Women’s Dual Roles Ridwan, Ridwan; Ismail, Hidayatullah
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.v6i5.17651

Abstract

The study on the reformulation of the concept of nafaqah (financial support) in Islamic family law has become increasingly relevant amid the social and economic transformations brought about by the digital era and the expanding dual roles of women in both domestic and public spheres. This research aims to reanalyze the conceptual understanding of nafaqah based on the values of the Qur’an, taking into account the context of the digital economy and the transformation of modern family structures. The research employs a qualitative approach through library research, combining an analysis of classical texts in uṣūl al-fiqh and family fiqh with contemporary literature discussing maqāṣid al-sharīʿah and gender justice. The findings reveal that the concept of nafaqah in Islamic law encompasses interconnected moral, social, and economic dimensions. Normatively, nafaqah is the responsibility of the husband; however, within the context of the digital economy, this principle requires reinterpretation to align with the Qur’anic values of justice, reciprocity, and partnership. The integration of the principles of ḥifẓ al-māl (protection of wealth) and ḥifẓ al-nasl (protection of lineage) emphasizes that the reformulation of the concept of nafaqah is not merely a legal innovation but also part of a broader effort to preserve the welfare and sustainability of Muslim families in the modern era.
Perceptions of Portibi District Religious Affairs Office Employees Regarding Population Administration in Unregistered Marriages Siregar, Masdelina
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.v6i5.17658

Abstract

Unlawful marriages that do not follow official procedures at the Office of Religious Affairs (KUA) are still common in the Portibi District. This practice creates obstacles in issuing Family Cards (KK) and creates legal uncertainty for couples and family members. A lack of understanding of legal procedures is a major contributing factor. This study aims to analyze the perceptions of Marriage Registrars at the Portibi District KUA regarding the issuance of KKs for couples who marry unlawfully. This research employs a descriptive qualitative approach. Primary data were obtained from employees of the KUA Portibi Subdistrict, while secondary data were collected from books, journals, government publications, observations, and document studies. Data analysis was conducted through data reduction, data presentation, and inductive conclusion drawing. The findings reveal that most KUA employees in Portibi perceive population administration as a fundamental aspect of marriage implementation in accordance with existing laws and regulations. They believe that unregistered marriages create various adverse consequences, such as difficulties in recording the birth of children, obtaining population documents, and accessing the legal rights of spouses and children. However, employees also recognize that social, economic, and cultural barriers continue to contribute to the persistence of unregistered marriages among specific segments of the community. The study concludes that the perceptions of KUA Portibi employees are generally consistent with current regulations, emphasizing the importance of marriage registration as part of the population administrative order and legal protection for citizens. These findings are expected to serve as a foundation for improving public awareness and education about the importance of marriage registration, as well as for strengthening KUA's role in enforcing population administration policies.
Implementation of Sadd adz-Dzari'ah in the Efforts of Ninik Mamak to Prevent Child Marriage in Nagari Sungai Nanam from the Perspective of Islamic Family Law Kholidah, Kholidah; Ermansa, Efri; Ummah, Azka
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.v6i5.17728

Abstract

The phenomenon of child marriage remains a serious problem in Indonesia, including in Sungai Nanam Village, Solok Regency, West Sumatra. Although the government has raised the minimum age for marriage through Law Number 16 of 2019 to 19 years for both men and women, the practice of underage marriage continues due to cultural and economic factors, as well as low public legal awareness. This study aims to analyze the role and strategies of ninik mamak in preventing underage marriage and examine these efforts from the perspective of sadd adz-dzari'ah in Islamic family law. The research method is field research with a normative-sociological approach. Primary data were obtained through interviews with traditional leaders, ninik mamak, and village officials; secondary data were sourced from village documents, laws and regulations, and academic literature. Data collection techniques included observation, interviews, and documentation, and the data were analyzed using inductive techniques. The results of the study indicate that ninik mamak have a strategic role in instilling customary and religious values in children and nieces, providing advice, and imposing social sanctions against perpetrators of underage marriage. The strategies implemented include socialization of customs, outreach to educational and health institutions, and collaboration with the KUA and the Nagari government. This effort is in line with the concept of sadd adz-dzari'ah, which aims to close the path to mafsadah (damage), such as domestic violence, early divorce, and reproductive health problems. Thus, the ninik mamak effort is not just a social action but also a means of implementing Islamic legal values in the local Minangkabau context.

Page 28 of 30 | Total Record : 293

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