cover
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
Jurnal El-Thawalib
ISSN : -     EISSN : 28287231     DOI : https://doi.org/10.24952/el-thawalib.v3i3
Core Subject : Religion, Social,
Hukum Keluarga Islam, Hukum Tata Negara,Hukum Pidana Islam, Hukum Ekonomi Islam, Ilmu Alquran dan Tafsir
Arjuna Subject : Ilmu Sosial - Hukum
Articles 235 Documents
Praktik Retribusi Pasar ditinjau dari Fiqih Muamalah Deviyanti & Syafri Gunawan & Ahmatnijar
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1086.038 KB) | DOI: 10.24952/el-thawalib.v1i2.3300

Abstract

The market is part of the distribution that functions to distribute or deliver goods from producers to consumers through traders. The government has an important role in realizing an Islamic market. Market failure is also the background of the need for the government to play a role in the economy. Traders trading their goods to consumers are usually quoted or asked for rental fees by market officers, where the rental fee for the lapak is collected once a week or it can be said every week, the quotation for the stalls is Rp. 5000. However, in the applicable regional regulations For lapak levies traders are only given a rate of Rp. 1000, but in reality the traders pay Rp. 2000 for market officers, Rp. 2000 for security and cleaning and Rp. 1000 for retribution. The type of research used in this research is field research, namely the preparation will go directly to the field to research a problem, the data used are primary and secondary data, data collection methods are literature study methods, documentation, interviews and direct observation.  The results of this study indicate that the practice of retribution in Muara Sipongi Market that traders pay or are withdrawn monthly rent, namely Rp. 47,000, - and per day pay Rp. 5000. Then, there is a service fee for market officers as much as Rp. 2000 and and Rp. 1000 for retribution, as much as Rp. 2000 for cleaning and security services by market officers. the market clerk gives a receipt as proof of payment to the merchant. The Fiqh Muamalah review is that according to the pillars it has been fulfilled, but in terms of the conditions it has not been fulfilled where traders feel disappointed in paying stalls for security and cleaning services, even though the initial contract was not notified by market officers.
Hak Kepemilikan Sisa Jahitan Ditinjau Dari KHES Yusriani Yusriani
Jurnal El-Thawalib Vol 3, No 3 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (722.144 KB) | DOI: 10.24952/el-thawalib.v3i3.5651

Abstract

Sewing is the process of putting together pieces of fabric that have been cut based on a pattern. The sewing technique used must be in accordance with the design and materials, so that the sewing results are good and of good quality. The steps taken in the sewing process are: Prepare the sewing tools needed, such as sewing machines, hand needles, pins, pendedels, and irons. This research is a field research that directly takes data from the research location by using data sources, namely primary data and secondary data. The data collection used in this study is in the form of in-depth interviews (in-dept interviews) directly to tailors and customers. The time to conduct this research is about 2 months and the location of this research is in Hutagodang Muda Village, Siabu District, Mandailing Natal Regency. The subjects of this research are Tailors and their Customers. The results showed that the implementation of the ownership rights for the remaining stitches in Hutagodang Muda Village, Siabu District, Mandailing Natal Regency contained a lack of understanding of the law regarding the remaining stitches between the tailor and the customer, because the tailor did not return the remaining stitches to the customer measuring 1 meter, and this tailor processed the stitches. back the remaining stitches into a stitch, such as shirts, footwear, and hijab brooches, and she took advantage of the remaining stitches. In the Review of the Compilation of Sharia Economic Law on Ownership Rights of Remaining Stitches in Hutagodang Muda Village, Siabu District, Mandailing Natal Regency, where the ownership rights for the remaining stitches, if the customer gives or allows the remaining stitches to be owned by the tailor, the tailor has the right to rework the remaining stitches. that. However, if the customer does not give the remaining stitches to the tailor, then the tailor has no right to reprocess the remaining stitches.
Pelaksanaan Aqiqah Ditinjau Dari Fiqih Syafi’iyah Desi Maladewi Hrp & Muhammad Arsad Nasution
Jurnal El-Thawalib Vol 2, No 2 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (296.303 KB) | DOI: 10.24952/el-thawalib.v2i2.3482

Abstract

This research is based on the implementation of aqiqah in Wek IV Sub-District, North Padangsidimpuan District, Padangsidimpuan City, which performs aqiqah on adult children and is carried out the day before the child is married. The formulation of the problem in this study is how the implementation of aqiqah in Wek IV Village and how the implementation of Aqiqah in Wek IV Village is viewed from Islamic law according to Fiqih Syafi'iyah, as well as what causes people to implement aqiqah after adult children. The purpose of this study was to determine the implementation of aqiqah in Wek IV Village, to find out the review of Islamic law according to the Syafi'iyah School of Religion on the implementation of aqiqah after adulthood, and to find out why the Wek IV community carried out aqiqah as an adult. This research uses qualitative research. The results of this study indicate that the implementation of aqiqah in Wek IV Village globally has fulfilled the aqiqah. It can be seen in its implementation the community has slaughtered the aqiqah animal that had been determined by the Syafi'iyah fiqih. However, when viewed from a harmonious perspective, it is not in accordance with the provisions of Fiqih Syafi'iyah because the child who is diaqiqah is already baligh and does not cut the hair of the child he qiqah. As for the background of the Wek IV community in carrying out aqiqah on adult children because it has become a custom that is passed from generation to generation to carry out aqiqah when the child is an adult.
Persalinan Harus Dilakukan di Fasilitas Kesehatan Mutiah Nasution
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (557.703 KB) | DOI: 10.24952/el-thawalib.v3i4.5950

Abstract

This study discusses the implementation of the Regulation of the Minister of Health Number 97 of 2014 Article 14 Paragraph (1) concerning Childbirth Must Be Performed at Health Service Facilities in Batang Gadis Village, Panyabungan Barat District, Mandailing Natal Regency. This research is motivated by the low utilization of health services in pregnancy and childbirth examinations, whether it is health centers or hospitals or existing health service facilities and infrastructure, causing implementation that is not in accordance with existing regulations. This type of research is a field research using a qualitative descriptive analysis method. The method of collecting data in this research is by interview and documentation in accordance with the provisions contained in the Regulation of the Minister of Health Number 97 of 2014 Article 14 Paragraph (1) concerning Childbirth Must Be Done at Health Service Facilities in Batang Gadis Village, West Panyabungan District, Mandailing Regency. Christmas. The parties studied were the Mandailing Natal Health Office, the West Panyabungan Health Center and the community of Batang Gadis village, West Panyabungan District, Mandailing Natal Regency. The results of the study stated that the implementation of the Regulation of the Minister of Health Number 97 of 2014 Article 14 Paragraph (1) concerning Childbirth Must Be Done at Health Service Facilities in Batang Gadis Village, Panyabungan Barat District, Mandailing Natal Regency has not been implemented properly because many people in Batang Gadis Village still give birth. in non-health care facilities and choose to use traditional methods such as using the services of a traditional birth attendant (traditional traditional birth attendant) where delivery is carried out at home.
Jual Beli Ikan Dalam Keranjang Vebby Claudia Rizki Pasaribu
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1129.478 KB) | DOI: 10.24952/el-thawalib.v2i3.3984

Abstract

The economic factor is one of the reasons for each party to get faster profits. Many ways have been done to fulfill this, such as the practice of buying and selling fish per basket carried out by the parties concerned in Tangkahan Renta Sari Pancuran Bambu Village, Sibolga Sambas District, Sibolga City, where they do not pay attention to the types of fish in it. and what kind of loss effect the prospective buyer and seller will experience. The purpose of this study was to determine how the practice of buying and selling fish per basket in Tangkahan Renta Sari Pancuran Bambu Village, Sibolga Sambas District, Sibolga City, as well as a review of the compilation of sharia economic law on the sale and purchase carried out. The theory used in this research is the theory that is in accordance with the legal basis of buying and selling, pillars and terms, to buying and selling that is prohibited in accordance with the Compilation of Sharia Economic Law. But the difference between the types of fish makes the buyer or trader who wants to buy not know what fish is in the basket and also the buyer cannot see whether the fish is really fresh as said by the Tangkahan officer or the fisherman who sells the fish. And this buying and selling also uses a message system for those who have subscribed, so the technological development that we enjoy today is like a double-edged sword, on the one hand it contributes to increasing prosperity, progress and human civilization in a more practical and instant direction.
Pemerkosaan Pada Anak Syaiful Akhyar Harahap; Muhammad Arsad Nasution; Adi Syahputra Sirait
Jurnal El-Thawalib Vol 2, No 4 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (893.118 KB) | DOI: 10.24952/el-thawalib.v2i4.4238

Abstract

The fundamental problem in this study is the Analysis of Padangsidimpuan District Court Decision No. 109/PiD.Sus/2020/PN/Psp concerning Child Rape. This study was conducted because the authors feel that the legal sanctions given by the judge to the defendant are not in accordance with what the defendant did to the victim. Sus/2020/PN/Psp and what are the reasons for the judge in imposing sanctions on the decision number 109/PiD.Sus/2020/PN/Psp.This research was conducted at the Makassar District Court. The research method used is library research method and field research method. The data obtained both primary data and secondary data from interviews and documentation were processed and analyzed qualitatively and presented descriptively.The results of the study include: the application of sanctions to the Padangsidimpuan District Court's decision Number 109/PiD.Sus/2020/PN/Psp has not provided a deterrent effect to the defendant, because from 2017-2019 data, cases of decency in children increase every year. so that the author assumes that the sanctions given by the judge to the defendant have not provided a deterrent effect to the defendant. From this case the judge has not considered the defendant's intentions and plans to commit immoral acts to the child. Even though the child will become the next generation or generation of the nation, therefore according to the author, the sanctions given by the judge are not appropriate for the defendant.
An Analysis About Drugs Dealers Rabiyatul Adawiyah Harahap
Jurnal El-Thawalib Vol 2, No 5 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (670.562 KB) | DOI: 10.24952/el-thawalib.v2i5.4408

Abstract

This research was motivated by two accused drugs dealers  who came from Mandailing Natal who were caught by members of the Padangsidimpuan City Police on January 8, 2020 in Field I Tor Simarsayang with evidence of narcotics class I, type of marijuana weighing 250 kilograms and was sentenced by a judge with sanctions sentence of 20 years in prison. The purpose of this study is to determine the application of the panel of judges regarding material law in the decision, to determine the judge's considerations in imposing the penalty. and to find out how the perspective of Islamic criminal law is related to the decision No.177/Pid.Sus/2020/Pn/Psp.  The research used in this research is field research which is qualitative in nature, namely research conducted by collecting primary and secondary data. Research data that becomes primary data is data obtained directly from research subjects, namely the results of interviews with the Padangsidimpuan City District Court judges and the defendants in in social institution of Padangsidimpuan. While the secondary legal materials for researchers were obtained from laws and regulations, books, articles, expert opinions, and other sources deemed relevant and related to this research. The data collection technique is done by interview, and documentation. The data is processed by identification, clarification and analysis techniques to obtain final conclusions. The results of this study are the application of material law in No.177/Pid.Sus/2020/Pn/Psp is involvement as a narcotics courier, conspiracy in narcotics couriers and evidence. As well as the consideration of the panel of judges in decision No.177/Pid.Sus/2020/Pn/Psp in imposing a 20-year sentence, there are two considerations, namely juridical considerations and non-juridical considerations, in which the juridical considerations consist of the demands of the public prosecutor, a memorandum of defense for the defendant, statements the defendant, the statements of the witnesses, and mitigating and aggravating and non-juridical matters are sociological aspects. So that in imposing a sentence, the judges really consider the sanctions that will be decided based on the facts in the trial. 
Hak Politik Penyandang Disabilitas di Angkola Selatan Nurul Fitria Nasution; Muhammad Arsad Nasution
Jurnal El-Thawalib Vol 2, No 6 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (607.302 KB) | DOI: 10.24952/el-thawalib.v2i6.4790

Abstract

Persons with disabilities are any person who experiences physical, intellectual, mental, and/or sensory limitations in the long term who in interacting with the environment can experience obstacles and difficulties to participate fully and effectively with other citizens based on equal rights. This equality of rights includes the right to participate in politics as an example of political rights for persons with disabilities, namely to participate in general elections. Based on Article 13 of Law No. 8 of 2016 states that one of the political rights for persons with disabilities is the right to vote. In the case of elections, the general election commission becomes an institution that is responsible for the course of elections that occur in an area. In the South Angkola sub-district which is part of South Tapanuli, there is a South Tapanuli General Election Commission which is the institution in charge of the general elections in South Angkola sub-district. Based on research, it shows that the South Tapanuli General Election Commission as the organizer of the election in the South Angkola District area has made several efforts to fulfill political rights for people with disabilities in South Angkola District in organizing the general elections for the Regent and Deputy Regent. The efforts made by the General Election Commission of South Tapanuli are in accordance with Law No. 8 of 2016 on Persons with Disabilities by upholding the values of equality and equal opportunity for persons with disabilities to participate in the world of politics. The South Tapanuli General Election Commission in its implementation carried out fulfillment of the political rights of persons with disabilities in the General Election, making efforts such as, conducting special data collection for voters with disabilities, getting socialization about equal political rights for persons with disabilities in General Elections, Obtaining TPS that appropriate, obtaining special ballots and providing assistance for persons with disabilities to facilitate the delivery of political rights.‎
Praktik Jual Beli Ayam Vepri Anti Siregar; Nurhotia Harahap
Jurnal El-Thawalib Vol 3, No 1 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (831.843 KB) | DOI: 10.24952/el-thawalib.v3i1.5091

Abstract

Muamalah is carried out on the basis of considerations of bringing benefits and avoiding harm in people's lives. Muamalah is carried out by maintaining the value of justice, avoiding elements of persecution, avoiding elements of taking opportunities in narrowness. In buying and selling honesty and truth are the most important values. Islam forbids fraud in all human activities, including in business activities and buying and selling. buying and selling carried out by the Simardona village community, Batang Onang District, North Padang Lawas Regency where the seller, as it is often seen, is that in the markets the seller of chicken pieces uses a sitting scale so that every sale of chicken pieces is easily weighed and so that it is clearly seen by the buyer the weighing process. Chicken sellers in Simardona Village, Batang Onang District, North Padang Lawas Regency, sell live chickens, not slaughtered. Chicken sellers only catch live chickens and then state the price to the buyer and in fact the chicken sellers in Simardona Village, Batang Onang District, North Padang Lawas Regency when selling chickens, the chickens are not weighed first, even the chicken sellers do not know how much the chicken will be selling. On the one hand, the seller sees that the chickens that he is about to sell already look big in size and in fact it often happens that the body size of the chicken which is covered with chicken feathers does not match the chicken that has been cleaned or slaughtered.
Dimensi Fiqh Jinayah Pada KUHPidana Tentang Perzinaan Herlina Safitri & Ikhwanuddin Harahap & Dermina Dalimunthe
Jurnal El-Thawalib Vol 1, No 1 (2020)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (716.376 KB) | DOI: 10.24952/el-thawalib.v1i1.3005

Abstract

Adultery is a serious problem faced by Islam, including in the State of Indonesia. In Indonesian legal regulations, zina is regulated in Article 284 Paragraph 1 of the Criminal Code, where the concept of zina which is described in this article is different from that described in the concept of Islamic Law or fiqh jinayah. The formulation of the problem of this research is how the act of adultery in the Criminal Code and Jinayah fiqh, what are the criteria for adultery perpetrators in the Criminal Code and Jinayah fiqh and how are the sanctions for adultery perpetrators in the Criminal Code and Jinayah fiqh. The purpose of this study was to determine the adultery act in the Criminal Code and Jinayah fiqh, to determine the criteria for adultery in the Criminal Code and Jinayah fiqh and to determine the sanctions for adultery in the Criminal Code and Jinayah fiqh. The theory used in this research is the theory regarding the concept of adultery in jinnayah fiqh and the concept of adultery in Article 284 Paragraph 1 of the Criminal Code. Furthermore, the type of research used is library research, using a normative juridical approach. The results of the research obtained show that the act of adultery in Article 284 Paragraph 1 of the Criminal Code provides three essential conditions to be said to be an act of adultery, as well as jinnayah fiqh which provides three pillars of adultery. The perpetrator of adultery in Article 284 Paragraph 1 of the Criminal Code is different from the perpetrator of adultery in jinnayah fiqh, in Article 284 Paragraph 1 of the Criminal Code only applies to pairs of adulterers who are married and have intercourse not with their legal partner and there is no determination of the perpetrator's age, whereas in fiqh jinayah the perpetrator Adultery is stipulated for people who are married and people who are not married and people who are in their age of maturity are determined as adulterers. Whereas the sanctions for adultery perpetrators in Article 284 Paragraph 1 of the Criminal Code are very light when compared to the punishment for adultery in jinnayah fiqh, imprisonment given to adultery perpetrators which is one of the criminal sanctions for ta'zir in fiqh jinayah, and the perpetrators who commit adultery with qualifications who have been married are designated as criminals and are given sanctions

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