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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
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Jurnal El Thawalib Journal focuses its study on issues related to Islamic law and society in Muslim and non-Muslim countries from various perspectives, both theoretically and practically. The primary objective of this journal is to serve as a medium for the communication of original research results and current issues in the field. This journal is open to contributions from researchers and academics in relevant scientific disciplines, such as Islamic family law (Ahwal Al Syaksiyyah), Islamic economic law (Muamalah), Islamic criminal law (Jinayah), Islamic constitutional law (Siyasah), and Quranic studies and interpretation.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 8 Documents
 1 
Search results for , issue "Vol 1, No 2 (2020)" : 8 Documents clear
Preferensi Politik Pada Pemilihan Kepala Desa Muhammad Arsad Nasution, Ihwan Sormin & Fatahuddin Aziz Siregar &
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i2.3304

Abstract

This study aims to determine what the people's political preferences are in the election of the Head of Huta Baru Village, Huta Baru District, South Tapanulli Regency. The formulation of the problem raised in this study is whether the community's political preferences in the election of the Head of Huta Baru Village, Kuantan Tengah District, Kuantan Singingi Regency.The data collection technique used is in the form of a questionnaire, namely a list of questions where the respondent just chooses the answers that the researcher has provided. The samples taken in this study were 100 people from the Huta Baru Village community.To test the correctness of the research, researchers used descriptive-qualitative data analysis techniques. Descriptive-Qualitative, namely analyzing the data obtained based on reality and then linked with a theory that supports the discussion, so that it can explain the causes and effects that affect political participation in the village. This descriptive analysis begins with data collection, data presentation, data analysis and finally drawing conclusions. The indicators in this study are the presence of stimuli, someone's characteristics, social care and high social status.The results of the study proved that the stimulant indicator was more dominant as a political preference in the election of the Head of Huta Baru Village, Batang Toru District, South Tapanuli Regency.
Praktik Jual Beli Ikan Asin Ditinjau Dari Fiqh Muamalah Ahmatnijar, Hendri JP Siregar Syafri Gunawan &
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i2.3217

Abstract

Salted Fish is a kitchen food ingredient. In the Hajoran Indah sub-district, there are sellers who sell salted fish by mixing the wet and dry ones in one basket. The problem in this case is how the practice of buying and selling salted fish in Hajoran Indah sub-district and how the muamalah fiqh review of the practice of buying and selling salted fish in Hajoran Indah sub-district Pandan district, Central Tapanuli district. This type of research used in this research is field research (field research). Based on the results of this study, it was found that the practice of buying and selling salted fish in Hajoran Indah village is like buying and selling in general. However, the seller in conducting the transaction did not explain purely the condition of the salted fish in the basket, the buyer could only see the top part. Overall, the sale and purchase of mixing wet and dry salted fish in one container is legal, as long as the sale and purchase transaction between the seller and the buyer is honest by telling the truth, it is clear that the quality of salted fish being sold is mixing, then the law of buying and selling is is legal. However, when the seller behaves dishonestly that the salted fish has been mixed with salted fish which is still wet, it will result in defects, so the sale and purchase is declared invalid.
Faktor-Faktor Penyebab Terjadinya Kejahatan Pencurian Berulang Ikhwanuddin Harahap, Rizki Handayani Harahap & Fatahuddin Aziz Siregar &
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i2.3176

Abstract

Along with the development of times, crime also develops, one of which is the crime of theft. Repeated theft crimes in Class IIB Lapas Padangsidimpuan, the returns of convicts who repeat the crime after being released from their criminal sentence or prisoners who return to be resident of the correctional facility. The occurrence of the repeated theft crime phenomenon result in a person being subject to sanctions for their actions. The existence of repeated theft crimes creates no deterrent in commiting crimes and repeats the crime. The occurrence of the repeated theft crime phenomenon, of course there are factors that cause the occurrence of repeated theft crimes in Class IIB Prison in Padangsidimpuan City. The problem in this research is what are the factors causing the occurrence of recurrent theft crimes in Padangsidimpuan Class IIB Prison and how the jinayah fiqh review on recurring theft. The purpose of this study is to find out what are the factors that cause the occurrence of repeated theft crimes in Padangsidimpuan Class IIB Prison and to find out how the jinayah fiqh review on recurring theft. This type of research is field research using a sociological juridical approach. The approach of this research is by means of interviews and documentation related to the factors of the occurrence of repeated theft crimes. As for what the researchers examined were officers and convicts of repeated theft at the Class IIB Prison in Padangsidimpuan City. The result of this study are the factors that cause the occurrence of repeated thefts in the Class IIB Prison in Padangsidimpuan City are economic factors, individual factors, factors of lack of religious knowledge. In the jinayah fiqh review of repeated theft crimes, this is in accordance whith hadis narrated by Abu Hurairah, namely the first theft is punishable by cutting off his right hand, second theft of cutting his left leg, third theft of cutting off his left hand, and theft of four cutting off his right leg. Then the Hanabilah and Hanafiyah scholars argued that the first theft was punished by cutting off the right hand, the second theft by cutting off the left leg, the third and fourth theft being punished by ta’zir. Penalties in the criminal code are similar to jinnayah fiqh, which is equally burdensome in penalties for repeat theft perpetratos.
Pelaksanaan Jual Beli Pasir Dalam Kajian KHES Muhammad Arsad Nasution, Sri Hamdani Fitri Siregar & Syafri Gunawan &
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i2.3179

Abstract

Sand is usually taken from rivers and beaches and sold in building shops or directly in sand mining. One of the sand mines is in Binabo Jae Village, the seller takes measurements of the sand using a sheet of truck boards. This study uses a descriptive qualitative approach in data collection used in this study, namely observation, interviews, and documentation. The result of the research states that the measuring instrument for the sale and purchase of sand is carried out using a truck board. The measurement of sand sales is that 3 pieces of truck boards are estimated at 5 cubic meters, 3 pieces of empty truck boards at the front of 1 meter are estimated at 4 cubic meters and 2 pieces of truck boards are estimated at 3 cubic meters. In fact, the width of the truck planks is not the same size resulting in uncertain sand measurements. The sale and purchase of sand in Binabo Jae Village is not fully in accordance with Islamic law and the Compilation of Sharia Economic Laws because the object of sale and purchase results in fasid so that the sale and purchase is declared invalid.
Pelaksanaan Akad Fotografi Ditinjau Dari Fiqh Muamalah Ahmatnijar, Nurmayanti & Syafri Gunawan &
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i2.3302

Abstract

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.
Hukuman Mati Bagi Pengedar Narkoba Adi Syahputra Sirait, Tuti Amma Sari Siregar & Ahmatnijar &
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i2.3177

Abstract

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.
Tinjauan Hukum Islam Terhadap Penggunaan Obat Dalam Hubungan Seksual Hasiah, Winda Fatma Ningsih & Sumper Mulia Harahap &
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i2.3227

Abstract

The problems in this study are How to Use Drugs in Husband and Wife Sexual Relationships in Padangsidimpuan City and How to Review Islamic Law Regarding the Use of these Drugs. The purpose of this study was to determine the use and review of Islamic law on the use of drugs in sexual relations between husband and wife. This type of research is field research. The data sources of this research are primary and secondary legal data. Data collection techniques are observation, interview and documentation. Data processing and analysis techniques are collecting data and conducting data analysis processing, which is processed and analyzed. The results of this study indicate that the use of drugs in the fulfillment of sexual relations between married couples in the city of Padangsidimpuan is one of the efforts of a couple that provides benefits with the aim of maintaining household harmony and to avoid harm, namely quarrels that lead to divorce. The results of this study indicate that the use of drugs in the fulfillment of sexual relations between married couples in the city of Padangsidimpuan is one of the efforts of a couple that provides benefits with the aim of maintaining household harmony and to avoid harm, namely quarrels that lead to divorce. In the Maslahah Mursalah theory, the use of this drug falls into the category of maṣlaḥah hajiyat which is not directly related to the fulfillment of basic human needs, but indirectly aims to alleviate and facilitate the fulfillment of basic human needs, including preserving religion, soul, reason, descent, and property. However, if the use of this drug is excessive and does not pay attention to medical regulations, it will have an impact on the health of the user. In other words, this drug cannot bring benefits but can also cause harm.
Pelaksanaan Akad Jual Beli Tanah Perspektif Fiqh Muamalah Muhammad Arsad Nasution, Era Mulyani & Syafri Gunawan &
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i2.3178

Abstract

The problems in this thesis are how to carry out the sale and purchase of land without including the plants and how does Figh Muamalah review the land sale and purchase. The purpose of this research is to answer how the land sale and purchase is carried out. This type of research is field research, namely research that aims to obtain information and describe events and events that occur in the field according to the facts found. Using interview techniques to obtain information or data from the field. Meanwhile, the research approach used a qualitative approach with descriptive analysis. Based on the discussion in this study, the results of the research are, the implementation of the sale and purchase of land, the seller makes a sale and purchase of land which contains elements of obscurity and is not in accordance with what is received by the buyer resulting in losses to the land buyer, while if viewed from Fiqh Muamalah said the contract must be agreed beforehand that before the contract was started, the research results found in the sale and purchase of the land were not in accordance with the Fiqh of Muamalah.

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