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
Implementasi Undang-Undang No 22 Tahun 2009 Lasdianni Siregar
Jurnal El-Thawalib Vol 3, No 2 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (583.547 KB) | DOI: 10.24952/el-thawalib.v3i2.5329

Abstract

This thesis research is entitled the implementation of Law no. 22 of 2009 Article 77 Paragraph 1 concerning Traffic and Road Transport Rules for Motorcycle Riding in North Padang Lawas Regency. The formulation of the problem in this study is how the implementation of Law no. 22 of 2009 Article 77 paragraph 1 concerning traffic rules and road transportation in riding a motorcycle in the North Padang Lawas Regency. And what are the inhibiting factors for the implementation of Law no. 22 of 2009 article 77 paragraph 1 concerning traffic rules and road transportation in riding a motorcycle. To obtain the results of this study, the researcher used a descriptive qualitative research type.The sources of data in this study were the Head of Traffic and the Padang Bolak Sector Police staff and the community.Secondary data in this research are data taken as supporting and primary data without having to go directly to the field, and data collection methods are observation, interviews and documents.The collected data is analyzed using editing, verification and analysis methods.Based on the results of the study, it is known how the implementation of Law No. 22 of 2009 Article 77 paragraph 1 concerning traffic rules and road transportation in riding a motorcycle in the North Padang Lawas Regency.In the implementation of traffic rules in the North Padang Lawas Regency, it has not been effective in controlling the driving license (SIM) due to law enforcement regulations that are not in accordance with the SOP (Structure of Operational Procedure), and there is no SK (Certificate of Letters) for the appointment of the Raid Implementation, and a Warrant.The inhibiting factors for the implementation of Law no.22 of 2009 article 77 paragraph 1 concerning traffic rules and road transportation in riding motorbikes, namely the lack of socialization of traffic rules, the lack of traffic control personnel, and the exchange of SIP (Session Initiation Protocol) officers who are not continuous.
تنفيذ قانون وزير الدين رقم (2٠) لسنة ٢٠19 بشأن تسجيل الزواج فقرة 2 عن ولي القاضي Adi Gunawan Harahap
Jurnal El-Thawalib Vol 3, No 3 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (906.109 KB) | DOI: 10.24952/el-thawalib.v3i3.5646

Abstract

بقانون وزير الدين رقم (20) لسنة ٢٠19  بشأن تسجيل الزواج فقرة 2 عن ولي القاضي في المادة 13 الفقرة 2، يوضح أن ولي القاضي هو رئيس منطقة ادارة الشؤون الدينية المعين من قبل وزير الدين ليكون بمثابة ولي الزواج للعرائس المحتمل التي ليست لديهن ولي. ومع ذلك، في الواقع كان الزواج الذي أصبح ولي القاضي في الزواج هو عالم الدين  في القرية, لان في قانون وزير الدين رقم (20) لسنة  ٢٠19، كان ولي القاضي هو رئيس منطقة ادارة الشؤون الدينية. كما سبق من قبل أن الباحث يريد أن يعرف تنفيذ و العوامل التي تدعم وتعوق من قانون وزير  الدين رقم (2٠) لسنة ٢٠19 بشأن تسجيل الزواج فقرة 2 عن ولي القاضي في قرية ماريس، منطقة  أنجولى شرقية. هذا البحث مكتوب ببحث النوعي، فالطريقة التي يستخدمها الباحث هي إجراء التحليل، أي من خلال تلخيص ووصف محتويات البيانات التي حصل عليها الباحث، ثم ربط نظرية بالمشكلة المطروحة بحيث تكون موضوعية، منطقية، متسقة و منهجية. من نتائج البحث أن قانون وزير الدين رقم (2٠) لسنة ٢٠19 بشأن تسجيل الزواج فقرة 2 عن ولي القاضي لا يستطيع ان تطبيقها بالصحيح، والمجتمع في قرية لا يعرفون القانون عن ولي القاضي.
Tradisi Penentuan Mahar Emas Di Kecamatan Sibolga Selatan Mufida & Hasiah
Jurnal El-Thawalib Vol 2, No 1 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (764.304 KB) | DOI: 10.24952/el-thawalib.v2i1.3383

Abstract

Dowry is a valuable symbol for a woman because it is a must. But there are factors that become the tradition of marriage, gold becomes dowry because there are several things that make it imperative, firstly too high prestige that can cause society to use not only a few people but almost the whole, in order to maintain the dignity of the family and maintain a good name, secondly not respected. by other communities to be talked about by other people. This is a social impact that occurs in the community.This research is in the form of field research (Field Research) which is qualitative descriptive field. This research will describe how the tradition of determining the gold dowry in the custom of marriage in the South Sibolga sub-district. Collecting data needed in this research field using interview and observation techniques. While the data analysis technique is carried out by using several steps, namely data editing, data description and drawing conclusions.From the research carried out, the researcher found that the people in the South Sibolga District saw that the dowry was a symbolic value for the prospective bride, such as increasing the self-esteem of a woman, if the community had a high social level, the dowry would increase. And the factors of determining the gold dowry are social status which is often referred to as prestige. All become benchmarks for a person's point of view.
Praktik Pembagian Harta Warisan Ditinjau Dari KHI Karmila Karmila; Syapar Alim Siregar
Jurnal El-Thawalib Vol 2, No 4 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (845.963 KB) | DOI: 10.24952/el-thawalib.v2i4.4241

Abstract

The basic problem in this research is regarding the practice of distributing inheritance in Nagari Lansek Kadok, South Rao District, Pasaman Regency, West Sumatra Province. This problem is motivated by the practice of inheritance distribution that girls get more inheritance than boys. Whereas the community in Nagari Lansek Kadok, South Rao District, Pasaman Regency, West Sumatra Province, the majority are Muslim with a population of 2,250 families of which there are 1,350 families if it is divided into 60% who are not subject to the practice of dividing inheritance into 2 parts and women 1 part.The results of this study are,, the firstly reason why the people in Nagari Lansek Kadok practice the distribution of inheritance for men 1 part and women 2 parts, the reason is because the people in Nagari Lansek Kadok use matrilineal customs which divide inheritance from the mother's lineage which makes the difference, namely because in In practice, women in Nagari Lansek Kadok receive more inheritance than men, while the share of pusako received by boys is the traditional sako title passed down from mamak to nephews. In addition to serving as the successor of women's descendants in Minangkabau, their existence is highly respected and also involved in deliberation in the family and village. the second purpose of compiling Islamic law in the practice of dividing inheritance, while the inheritance system in the Compilation of Islamic Law (KHI) refers to the heirs by referring to faraidh, namely bilateral inheritance, meaning that men and women have the same right to inherit from the heir.
Maqashid Ash-Sharia Principles In Child Protection Riska Harnysah Harahap; Risalan Basri Harahap
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (679.028 KB) | DOI: 10.24952/el-thawalib.v3i4.5945

Abstract

Maqashid Asy- Sharia aims to realize the benefit of man in the world and the hereafter. The principle of Maqashid Asy- Sharia consists of maintaining religion (hifzh al-din), nurturing the soul (hifzh al- nafs), Protection of reason (hifzh al-aql), nurturing offspring (Hifzh al-nasl) and maintaining property (hifz al-mal). The formulation of the problem from this study is how the concept of child protection in Law No. 35 of 2014 concerning Child Protection and How the principle of Maqashid Asy-Sharia in Law No. 35 of 2014 concerning Child Protection. The purpose of this study is to find out how the concept of protection of children in Law No. 35 of 2014 concerning Child Protection andTo find out how the principle of Maqashid Asy-Sharia in Law No. 35 of 2014 concerning Child Protection. The theory used in this study is a theory related to the principle of Maqashid Asy- Sharia in law no. 35 of 2014 concerning. Furthermore, the type of research used is library research, using a normative juridical approach.  The results of the research obtained, namely, freedom to practice religion, are contained in article 6 of Law No. 35 of 2014, namely that every child has the right to worship according to their religion, thinking, and expression in accordance with their level of intelligence and age under the guidance of parents or guardians.It is found in (hifzh al-din maintains Religion. Children are a generation that needs to be given religious education so that they have a basic foundation in everyday life. Childcare is contained in article 7 of Law No. 35 of 2014, namely parents and families are responsible for nurturing, maintaining, educating, and protecting children. It is called (hifzh al- nafs). The protection of education is contained in article 9 of Law No. 35 of 2014 concerning child protection, namely that every child has the right to obtain education and teaching in order to develop his personality and his level of intelligence with his interests and talents is hifzh al -aql.
Penetapan Harga Makanan dan Minuman Misbahul Khoiriah; Ikhwanuddin Harahap; Risalan Basri Harahap
Jurnal El-Thawalib Vol 2, No 5 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (613.089 KB) | DOI: 10.24952/el-thawalib.v2i5.4411

Abstract

Setting a high price in a tourist place is something that is not foreign to today’s society, even people think it is a natural thing. But, something that is considered normal by the community is not necessarily justified by islam. Islam places great emphasis on the value of justice in every aspect of life. Therefore, it is natural if justice is realized through market activies which are something that occurs from the will of the seller and buyer through demand and supply on a consensual basis, mutual pleasure and do not oppress each other. Rasulullah SAW recommended that price fixing be carried out based on market activities. This study axamines how the pricing of food and beverages at the Air Bangis beach tourism object, Sungai Beremas district west pasaman regency is axamined and how is the view of muamalah fiqh on the pricing that occurs in this tourist attraction. This research uses field research and sourced primary and secondary data. Data collection techniques used are observation, interviews and documentation. The results of this study indicate that the pricing of food and beverages at the Air Bangis beach attraction, Sungai Beremas District, West Pasaman regency is determined based on the will of the seller and not based on market activity on the basis of supply and demand. Setting a price that too high is not justified because it’s not in accordance with the muamalah principles in Islam. Rasulullah SAW recommended that every trader run his businessfairly and honestly. In this thesis the author also suggerts that traders make a list of food prices so that buyer know in advance the price they wiil buy to avoid disappointment for buyers.
Perlindungan Hukum bagi Lanjut Usia Terlantar Gita Ayu Lestari
Jurnal El-Thawalib Vol 2, No 6 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (541.959 KB) | DOI: 10.24952/el-thawalib.v2i6.4793

Abstract

The problem in this research is the extent to which the implementation of Law Number 11 Year 2009 Article 9 concerning Social Welfare Against Legal Protection for Abandoned Elderly in Public Services at the Titian Ridho Divine Nursing Home, Huta Holbung Village, Batang Angkola District, South Tapanuli Regency because of the process of organizing social welfare in protection. and the services provided by the Titian Ridho Divine Nursing Home Al Yusufiyah Foundation are not in accordance with Article 9 of Law Number 11 of 2009 concerning Social Welfare. The needs given to the elderly are not in accordance with those stipulated in Law Number 11 of 2009 namely the need for food and clothing, the need for peace, social needs and self-actualization needs. The purpose of this study is to describe and analyze the implementation of Law Number 11 of 2009 Article 9 concerning Social Welfare for Legal Protection for Abandoned Elderly in Public Services at the Titian Ridho Divine Nursing Home Al Yusufiyah Foundation, Huta Holbung Village, Batang Angkola District, South Tapanuli Regency. The formulation of the research problem is how to implement Law Number 11 of 2009 Article 9 concerning Social Welfare towards Legal Protection for Abandoned Elderly in Public Services at the Titian Ridho Divine Nursing Home, Al Yusufiyah Foundation, Huta Holbung Village, Batang Angkola District, South Tapanuli Regency and what are the factors? which affects the implementation of Law Number 11 of 2009 concerning Social Welfare at the Titian Ridho Divine Nursing Home Al Yusufiyah Foundation. The research method used in this study is a qualitative approach using descriptive methods, which describe phenomena that occur in the field. The data collection instruments used in this study consisted of interviews, observations, and documentation. The result of this research is the implementation of Law Number 11 Year 2009 Article 9 concerning Social Welfare Against Legal Protection for Abandoned Elderly in Public Services at the Titian Ridho Divine Nursing Home, Huta Holbung Village, Batang Angkola District, South Tapanuli Regency. The caretaker of the Titian Ridho Divine Nursing Home Al Yusufiyah Foundation is lacking in meeting the needs given because the orphanage only provides cottages and the activities provided are only recitation activities.
Mahar Berupa Rumah Dan Pertapakannya Abdullah Zaman; Ahmatnijar Ahmatnijar; Dermina Dalimunte
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (952.335 KB) | DOI: 10.24952/el-thawalib.v2i3.3977

Abstract

This thesis is entitled Mahar in the form of a house and its hermitage (Case Study 54/Pdt.G/2016/PA.Psp The purpose of this research is how the decision of the Padangsidimpuan Religious Court against the dowry suit in the form of a house and its hermitage, what is the judge's consideration in determining the decision on the dowry suit in the form of a house and hermitage by the plaintiff to the defendant.  The problem in this study is that at the time of mentioning and handing over the dowry the groom gives a dowry/dowry in the form of his house and hermitage, but at the time of ijab qabul, the marriage registrar (P3N) does not ask whether the house and the hermitage really belong to the groom and do not ask for a certificate issued by the groom. legally shows that the house and hermitage really belong to the groom. After getting married they lived together in a house which became the dowry of the marriage.  The marriage lasted for approximately one year, there were quarrels and quarrels that led to divorce so that the wife sued her husband to the Padangsidimpuan religious court demanding a dowry in the form of a house and hermitage which was used as a dowry at the time of consent and qabul. This  type of research is a qualitative research. The subject of this research is the judge of the Padangsidimpuan Religious Court. The data sources of this research are primary data and secondary data. Data collection techniques are interviews and documentation. The data processing technique is descriptive analysis, namely presenting data or research results clearly and in detail. The data analysis technique of this research is to systematically search and compile the data obtained from interviews and documentation in the form of the judge's decision, by organizing the data into categories, describing it into units, synthesizing, compiling into patterns, choosing which ones are important. and what will be studied and draw conclusions.  The results of this study are that the judge in resolving the dowry case in the form of the house and its hermitage, in the legal regulations in Indonesia, namely in articles 30-33 of the KHI in considering the decision of the dowry case in the form of a house and hermitage in the Padangsidimpuan religious court case study no 54/Pdt/ .G/2016/PA.Psp.
Ayat-Ayat Penciptaan Manusia (Studi Saintifik) Seri Wahyuni
Jurnal El-Thawalib Vol 3, No 1 (2022)
Publisher : IAIN Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (932.683 KB) | DOI: 10.24952/el-thawalib.v3i1.5094

Abstract

Based on the background of the problem, the formulation of the problem in this research is how “Muhammad Abduh’s perspective on the verses of human creation scientific study). There are many arguments from commen tatoes and other science figures about the creation of man. Some say that humans were created similar to apes and some say that humans were created from a gushing drop of water  (a drop of semen). However, Muhammad Abduh argues that humans were created from gushing water (a drop of semen), then his creation was perfected. There fore, the writer formulates the problem in this thesis is how “Muhammad Abduh’s perpective on the verses of human creation (scientifik studi). Based on the beckground and prevlous formulation, the author’s goal in this study is to study and examine how “Muhammad Abduh’s prespective in interpreting the creation of man (scientifik studi).The method used by the author in this research is to use a qualitative method (library research). Which examines scientifically to obtain valid data with the aim of being found, developed and proven in certain knowledge, research menhods also use the type of research in it. The data sources used in this research are primery and secondery data sources.The results of his study indicate that the creation of humans according to Muhammad Abduh in the interpretions of al-Manar and Juz’Amma, is that there are three kinds of human creation. Namely, the creation of the probhed Adam As from the ground, as described in QS. AL-An’am: 2. The second, creation of the probhet Isa As from dead diost and he is likened to the creation of the probhe Adam As contained in the QS. Al-Imran: 59. The rhird, creation of man (the children of Adam As) from a drof of gushing water (semen) contained in the QS. At-thariq: 5-7, QS. Abasa: 1, QS. Al-Alaq: 2, and perfected his creation in QS. Infithar: 7-8.
Harta Bawaan Menurut KHI Dan KUHper Azwir Amir Sadi
Jurnal El-Thawalib Vol 2, No 4 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (768.97 KB) | DOI: 10.24952/el-thawalib.v2i4.4232

Abstract

Marriage assets are a very big issue in the life of husband and wife, especially when they divorce so that the marriage law has played an important role in family life even when the marriage is running smoothly. It will be difficult to understand how the continuity of a marriage is if the marriage is not supported by the existence of assets. The problems discussed in this thesis are how the legal status of inherited assets in marriage according to the Compilation of Islamic Law and the Civil Code and how the similarities and differences of property in the Compilation of Islamic Law and the Civil Code. The purpose of this research is to find out how the legal status of the original assets according to the Compilation of Islamic Law and the Civil Code and to find out how the similarities and differences of property in marriage according to the Compilation of Islamic Law and the Civil Code. In this study, researchers used the normative juridical method through the library research method. The normative juridical approach is used in an effort to analyze legal material by referring to legal norms, legal history and doctrine as well as jurisprudence. The results of this study can be concluded that, according to the Compilation of Islamic Law Article 86 and Article 119 of the Civil Code there are similarities and differences in the mixing of assets, Article 86 KHI emphasizes that there is no mixing of assets, while Article 119 of the Civil Code has been carried out since the marriage was carried out, according to the law occurs joint assets, in the agreement to separate assets are both regulated in the KHI and the Civil Code. In the KHI, the assets are under their respective control, while in the Civil Code the control of the assets is the husband and the assets obtained after marriage become joint assets.

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