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Jurnal El-Thawalib

thawalib
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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 277 Documents

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Penetapan Harga Ikan di Pasar Kuala Batahan Ahmad Usin
Jurnal El-Thawalib Vol 2, No 5 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

This research is entitled Fish Price Determination at Kuala Batahan Market, Batahan District, Mandailing Natal Regency in terms of the Compilation of Islamic Economic Law. Researchers are interested in this problem because fish sellers charge a price that is higher than the usual market price to buyers who come from outside the batahan area. This research was conducted at the Kuala Batahan market, Batahan sub-district, Mandailing Natal district. The research subjects are fish traders in the Kuala Batahan market, while the object of this research is the pricing mechanism for fish traders in the Kuala Batahan market. The method used in data collection is observation, interviews and documentation. In this writing technique using descriptive methods of primary data and secondary data. After this research was conducted and analyzed, that the fish sellers in the Kuala Batahan market sell similar fish to buyers at different prices to buyers from outside the Batahan area with buyers from the area to seek greater profits. The buying and selling system they apply is a direct buying and selling system, the seller offers to the buyer and the buyer pays directly to the seller, while to find out that prospective buyers from outside the area are seen from the way they dress neatly and drive luxuriously. In the view of the Compilation of Sharia Economic Law on buying and selling fish at the Kuala Batahan Market, Batahan District, Mandailing Natal Regency, it has fulfilled the legal pillars and conditions of buying and selling, but the way they sell fish to buyers from outside the area is contrary to the Compilation of Sharia Economic Law Article 33 fraud, there is an element of Tadlis that oppresses one of the parties, namely the buyer.

Perlindungan Dan Pemberdayaan Pasar Tradisional Sri Dewi Tarihoran
Jurnal El-Thawalib Vol 3, No 2 (2022)
Publisher : IAIN Padangsidimpuan

Based on the background above, the purpose of this study was to find out how the implementation of Regional Regulation Number 7 of 2016 Article 5 concerning the Protection and Empowerment of Traditional Markets on Traders in Sibolga City and also the Inhibiting Factors Implementation of Perda No. 7 of 2016 Article 5 on Protection and Market Empowerment Traditional on traders in Sibolga City. The type of research used by researchers is descriptive qualitative research, the data used is primary and secondary data, data collection methods with observation, interviews and documents. Data collected in analysis using editing, verification and analysis methods. Based on the results of the research above, the results are obtained that the implementation of Perda No. 7 of 2016 Article 5 concerning the Protection and Empowerment of Traditional Markets on Traders in Sibolga City has not been implemented maximally due to several factors, namely the lack of 50 civil service police personnel of Sibolga City To oversee / curb street vendors, facilities are inadequate and less comfortable for buyers, agricultural products are very minimal (such as fruits and vegetables), it is difficult to reach and the people are lazy to buy in the area and the people of Sibolga City dit the situation Nature where many Sibolga city income comes from working as fishermen.

Pengupahan Penggilingan Padi dalam Kajian Fiqh Muamalah Baharuddin Soleh Daulay Syafri Gunawan & Ahmatnijar
Jurnal El-Thawalib Vol 1, No 1 (2020)
Publisher : IAIN Padangsidimpuan

The implementation of wages for rice mills in Hasahat Jae Village has experienced continuous unrest in the community, there is no transparency and detailed explanation regarding the collection of wages. Therefore, the purpose of this study is to find out how the wage implementation of rice mills and how the muamalah fiqh review of the implementation of rice milling wages that occur in Hasahatan Jae Village. This type of research is field research using qualitative descriptive analysis method. The results showed that there are 3 types of rice milling service wages, namely the implementation of rice milling wages paid with rice, the implementation of rice milling wages paid in money and the implementation of rice milling wages using transportation. In practice, the rice wage is only known unilaterally, namely the mill. Money wages are only made by the Toke and people who earn a lot in the transaction are also not fulfilled the principle of justice. The wage for milling rice uses transportation. The wages are taken from the leftover milling bran. The implementation of the wage for rice milling that occurs in Hasahat jae Village is not fully in accordance with the Muamalah Fiqh study.

Jual Beli Sayur Mayur Ditinjau Dari KHES Siti Nurhas Liza Batubara Batubara; Zulfan Efendi Hasibuan; Dahliati Simanjuntak
Jurnal El-Thawalib Vol 2, No 6 (2021)
Publisher : IAIN Padangsidimpuan

This thesis discusses the implementation of Law No. 36 of 2009 Article 115 paragraph 1 letter E concerning a smoke-free area on public transportation in Panyabungan District, Mandailing Natal Regency. This research is motivated by the existence of problems that often occur and are found in the Panyabungan sub-district, Mandailing Natal district, namely the habit of smoking in public transportation facilities as well as in village transportation carried out by the community, both the community as a public transport driver and the community as a passenger so that the habit What the community does is clearly violates law number 36 of 2009 precisely in article 115 paragraph 1 letter E which in that article prohibits smoking in non-smoking areas, namely on public transportation. The type of research used by the researcher is descriptive qualitative research. The data used are primary and secondary data. Data collection methods include observation, interviews, and documentation. The data collected were analyzed using editing, verification, and analysis methods. In this study the researchers found the results that the implementation of a smoke-free area in village transportation in the Panyabungan sub-district, Mandailing Natal district, had been implemented but it was still far from the maximum, this was due to the inhibiting factors of its implementation such as: lack of socialization carried out by the government with the community, lack of information and knowledge of the community, its human resources, the narrowness of people's thinking both as passengers and transport drivers, the absence of a special team, the absence of a budget, the absence of supervision, and the lack of support from the local government.

Pelaksanaan Akad Fotografi Ditinjau Dari Fiqh Muamalah Nurmayanti & Syafri Gunawan & Ahmatnijar
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : IAIN Padangsidimpuan

Photographing an object in Sutan Foto Studio has become a habit in certain occasions such as wedding receptions, birthdays, inaugurations, and others. Customers who want to use the services of a photographer must first register with the photographer when and where they want to go. Then the photographer will be rewarded for his work after completing his work and not being rewarded. It turned out that many customers broke their promises and the photographer felt aggrieved because they did not get anything in return even though they had done the job. From these problems, the author wants to know how to implement a photography contract at the Sutan Photo Studio, Aek Galoga Village, Panyabungan District, Mandaliing Natal District and How a Muamalah Fiqh Review of a photography contract at the Sutan Photo Studio, Aek Galoga Village, Panyabungan District, Mandailing Natal Regency. The type of research used in this research is field research, namely the author will go directly to the field to research a problem, the data used are primary and secondary data, the data collection method uses direct interview method. The results of this research are the contract in the Sutan Foto Studio, Aek Galoga Village, Panyabungan District, Mandiling Natal Regency, which is from the harmony and the conditions have been fulfilled, and in its implementation there are still mistakes or broken promises, someone (cient) has agreed with the photographer but, finally this person (client) broke his promise. According to Fiqh Muamalah, it is included in the Ingkar promise, but if seen from the terms and conditions this contract is a valid contract because both parties agree on this, only one party reneges on its promise.

Larangan Balap Liar di Kota Padangsidimpuan Andi Mulia Lubis; Sumper Mulia Harahap
Jurnal El-Thawalib Vol 3, No 1 (2022)
Publisher : IAIN Padangsidimpuan

This study discusses the implementation of Law No. 22 of 2009 article 115 concerning the prohibition of racing with other motorized vehicles in the city of Padangsidimpuan. This research is motivated by the number of teenagers who are racing with motorcycles, especially on Jl. Gen. Besar A Haris Nasution in the city of Padangsidimpuan causing problems of security, order and public comfort on Jl. Gen. Besar A Haris Nasution This research is a field research using qualitative descriptive analysis method. Wild racing has become a teenager’s habit that is hard to leave. The data collection method in this study was by interview and documentation in accordance with the provisions contained in Government Regulation Number 22 of 2009 article 115 concerning the prohibition of racing with other motorized vehicles. Law No. 22 of 2009 article 115 concerning the prohibition of racing with other motorized vehicles in the city of Padangsidimpuan has not been implemented optimally, this can be seen from the data on the existence of many teenagers who do illegal racing. And when viewed from the fiqh siyasa of the government in overcoming Law No. 22 of 2009 article 115 concerning the prohibition of racing with other motorized vehicles in the city of Padangsidimpuan

Pelaksanaan Legalisasi Tanah Wakaf Shofwan Azmi
Jurnal El-Thawalib Vol 3, No 3 (2022)
Publisher : IAIN Padangsidimpuan

Waqf land is a type of waqf of immovable objects intended for worship and muamalah facilities with the aim of prospering the people. Land that has been waqf has changed its original ownership from private property to belong to the community, the waqf land should be given legal protection to avoid misuse of ownership. Law No. 41 of 2004 concerning waqf and PP No. 28 of 1977 concerning the procedures for waqf property is a guideline for legalizing waqf land. The registration of the Waqf Pledge Deed (AIW) and the waqf certificate are authentic evidence of valid waqf land, without both waqf land being vulnerable to the law, because waqf land that has not been legalized can end up in a dispute between the parties concerned. The main factor that many waqf lands have not legalized is the lack of public knowledge of the laws that govern it. In the implementation of the legalization of waqf land, there are problems with the long processing time, a lot of costs, the lack of administrative requirements and the negligence of the staff of the National Land Agency office (BPN). In Islamic law, the legalization of waqf land is not explicitly explained, but there is a legal value in the Qur'anic verse: "write it down", so that recording is carried out on something that binds rights, one of which is waqf land.

Kesadaran Hukum Terhadap Larangan Pernikahan Dini Sahrul Ramadan
Jurnal El-Thawalib Vol 3, No 2 (2022)
Publisher : IAIN Padangsidimpuan

This research was motivated by public legal awareness of the prohibition of early marriage during the Covid-19 pandemic in Gunung Tua Jae Village, Panyabungan District. Early marriage is a marriage carried out by a spouse or one of the partners who are less than 19 years of age which has been regulated in Law no. 16 of 2019.The problem in this study is about the legal awareness of the community in Gunung Tua Jae Village, Panyabungan District against the prohibition of early marriage, many still do not know the importance of legal awareness about the age of marriage, marriage aims to meet basic human needs. These needs consist of emotional, biological, mutual need, and so on. In the village of Gunung Tua Jae, Panyabungan District, there are several people who have early marriages during this pandemic which resulted in quarrels in the household, miscarriages, and some even got divorced.This study aims to determine the legal awareness of the community towards the prohibition of early marriage during the Covid-19 pandemic in Gunung Tua Jae Village, Panyabungan District.This research was conducted directly in the field to obtain information and data as accurately as possible by using data collection techniques through interviews, and documentation. The objects in this study are religious leaders, community leaders, traditional leaders, NNB (Naposo Nauli Bulung).From the results of research conducted, the community in general only still knows the age of marriage is 16 years for women, the people of Gunung Tua Jae Village, Panyabungan District realize that early marriage is not wrong because what they understand is according to Imam Syafi'i's opinion that the daughter is an adult, meaning that he can take care of the household, he is allowed to marry. And the people of Gunung Tua Jae Village, Panyabungan District, even though their children have violated Islamic religion such as Pregnant Out of wedlock, they still register it at the KUA Panyabungan but after they are married according to custom.

Efektivitas Pelaksanaan Undang-Undang No 32 Tahun 2009 Tentang Perlindungan Dan Pengelolan Lingkungan Hidup Terhadap Tambang Emas Ilegal Linda Sari & Dermina Dalimunthe
Jurnal El-Thawalib Vol 2, No 2 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

The amount of pollution produced by the community is increasing as a result of technological advancements. The government passed Law No. 32 of 2009 on Environmental Conservation and Management. The regulations govern the disposal of B3 waste, which contains substances, energy, or other components that, directly or indirectly, pollute the environment and endanger human health. The survival of living things as a result of illegal gold mining in Hutabargot Nauli Village. There are still many violators, despite the fact that enforcement has not been effective. This is evidenced by the increasing number of offenders each year. The research question is, "How effective is the implementation of Law No. 32 of 2009 concerning environmental protection and management?" What factors contribute to the ineffectiveness of Law No. 32/2009 on environmental protection and management?. Data collection is done through interviews and documentation. The study's findings show that the enforcement of Law No. 32/2009 on Environmental Protection and Local Government Management, aided by the police and the TNI, has been carried out through raids. Uneven socialization, a lack of public awareness, economic factors, a lack of government supervision, the difficulty of obtaining an IUP, and law enforcement factors are among the issues encountered.

Hukuman Mati Bagi Pengedar Narkoba Tuti Amma Sari Siregar & Ahmatnijar & Adi Syahputra Sirait
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : IAIN Padangsidimpuan

As for the academic problem, it is find out how the death penalty for drug traffickers is in law number 35 of 2009 and how the death penalty for drug dealers in jinayah fiqh. The type of research, which is carried out by reviewing and examining various documents in the form of books or writings related to the problem. The approach used in this research is a normative juridical approach, namely an approach that examines the problems of the law and then resolves these problems with fiqh jinayah. The result of this research is that the death penalty in law number 35 of 2009 concering drugs is applied to the act of offering for sale, selling, buying, being an intermediary in buying and selling, exchanging, surrendering, or receiving class 1 narcitics in the types of marijuana, heroin, cocaine, morphine, opium, shabu-shabu provided that the weight in the form of plants exceeds 1 kilogram, or exceeds 5 trees or in non-plant form, the weight exceeds 5 grams. Then the execution of the death penalty in article 11 of the criminal code was by hanging and in presidential decree number 2/PNPS/1964 by being shot dead. A review of jinnayah fiqh is a person who can be sentenced to death if he commits a crime from one of the following three criminal acts: deliberate murder, zinamuhson, and apostasy. So tht the death penalty in drug cases applied in Indonesian thtough law number 35 of 2009 concerning drugs is not mentioned, but if it is reviewed from Magoshid As-Syariah, Maslaha and also Sadd Adz-Dzariah, the death penalty can be applied to dealers. Drugs because of the many damages they cause, the presidential decree is part of ta’zir.

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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

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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