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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 2, No 2 (2021)" : 8 Documents clear
Analisis Putusan Hakim Tentang Perceraian Karena Tidak Mempunyai Anak Akibat Kista Syapar Alim Siregar, Nurhidayah Matondang &
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 | DOI: 10.24952/el-thawalib.v2i2.3764

Abstract

Law Number 1 of 1974 has explained the breakdown of marriage in article 38, one of which in letter (b) is divorce. Then, the reasons for divorce are clearly explained about the things that can be used as strong reasons for the parties to file a divorce to the Religious Court. As happened in case Number 203/Pdt.G/2020/PA.Pyb, the Petitioner (Ikhsan Ikhwandi Nasution/husband) submitted a request for divorce to the Panyabungan Religious Court on the pretext that the Respondent (Nurul Huda Hasibuan/wife) did not have children due to illness cyst he had. The type of research used is qualitative-descriptive research. The approach method used in this research is the juridical-empirical method, by analyzing the problem by combining legal materials (secondary) with primary data obtained from the field. The conclusion obtained in this study is that this decision is correct in terms of proof, seen from the fulfillment of the material and formal requirements. If viewed from the material requirements, the judge saw the correspondence between the petition and the witness testimony. The juridical review of the judge's decision was generally correct. Where the judge judge did not emphasize the cause of his divorce in terms of not having children due to his cyst disease, but rather on the side of husband and wife quarrels which in Arabic terms is called  syiqoqwhich occurs continuously, because at the time of evidence at trial the Petitioner did not present authentic evidence in the form of a certificate from a doctor. Meanwhile, if viewed from the formal requirements, the judge decided the divorce case was more due to the fulfillment of the elements of article 19 letter (f) of Government Regulation Number 9 of 1975 concerning the implementation of the Marriage Law and Article 116 letter (f) of the Compilation of Islamic Law and 39 of law number 1 of 1974. 
Wanprestasi Sewa Menyewa Sawah Dengan Sistem Bayar Musim Panen Zulfan Efendi Hasibuan, Irpah Yanti Tanjung &
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 | DOI: 10.24952/el-thawalib.v2i2.3695

Abstract

This research discusses of wanprestasi in renting rice field with a harvestseason payment system in Bottot Village, Sorkam District, Central TapanuliRegency. This research is motivated due to the element of wanprestasi made bythe people who entered into the lease agreement. The results showed that theimplementation of the pillar and conditions for renting rice field with the harvestseason payment system was in accordance with the Compilation of IslamicEconomic Law. However, the implementation of responsibilities in paying wages /rice field rental fees is not in accordance with the Compilation of IslamicEconomic Law. because in practice, the fulfillment of the payment of the rice fieldrental occurs in wanprestasi or in broken This promises. The factor in theoccurrence of the default was that the rice field rental agreement was carried outverbally and without witnesses being present. Apart from that, the lack of theprinciple of responsibility and honesty on the part of the party that is in default isalso one of the factors. Based on the description above, what must be done is toapply a written agreement and be attended by witnesses if you want to make arental agreement for renting the fields, and be wiser in responding to fraudcommitted by parties who wanprestasi.
Pelaksanaan Penimbangan Jual Beli Buah Kelapa Sawit Ditinjau Dari Fiqih Muamalah Zulfan Efendi Hasibuan, Rabiul Awaliyah Daulay &
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 | DOI: 10.24952/el-thawalib.v2i2.3784

Abstract

The background of the problem in this study is that the implementation of fruit weighing in the sale and purchase of oil palm in Dusun Cinta Damai, Pasir Tuntung Village is carried out using a hanging scale in the form of a round basket, and in its implementation it starts from the weighing that occurs between oil palm fruit sellers or farmers and buyers of oil palm fruit. or toke there is obscurity where the unclearness that is done is to reduce the scale by estimating the weight of the oil palm fruit bunches that do not consider the size of the oil palm fruit bunches or not by 15%. Palm oil to Ram on the same day Toke had to wait for the Ful Fruit Car Tub with oil palm fruit, The purpose of this study was to determine the Implementation of Fruit Weighing in Palm Oil Sales and Purchase and to Know the Overview of Muamalah Fiqh of Fruit Weighing Implementation In the Sale and Purchase of Palm Oil in Cinta Damai Hamlet, Pasir Tuntung Village, Kotapinang District, Labuhan Batu Selatan Regency. To reveal this problem in depth and thoroughly, researchers used a qualitative descriptive method. Then the Fiqih Muamalah Review of the Implementation of Fruit Weighing in the Sale and Purchase of Palm Oil in Cinta Damai Hamlet is not in accordance with the Rukun and terms of sale and purchase where the terms of sale and purchase in terms of the object must be seen in number, weight, measure and other measurements and there is no Gharar element (unclear) inside it. Meanwhile, the Buyer or Palm Fruit Toke estimates the weight of a Oil Palm Fruit bunch by 15%.
Bentuk Gharar Dalam Jual Beli Biji Kopi Ditinjau Dalam Hukum Islam Dermina Dalimunthe, Abu Huroirah Pasaribu & 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 | DOI: 10.24952/el-thawalib.v2i2.3738

Abstract

The problems in this thesis are how is the form of gharar in the sale and purchase of coffee beans in BatangParsuluman Village, SaiparDolok Hole District, SouthTapanuli Regency and How is Islamic Law Review on the form of gharar in coffee bean buying and selling transactions in BatangParsuluman Village, SaiparDolok Hole District, South Tapanuli Regency. The purpose of this research is to determine the sale and purchase transactions of coffee beans in BatangParsuluman Village, SaiparDolok Hole District, SouthTapanuli Regency and to find out the Islamic Law Review on coffee bean buying and selling transactions in BatangParsuluman Village, SaiparDolok Hole District, South Tapanuli Regency. This research is field research. Sources of data in this study are primary data and secondary data. Data collection techniques using field studies, namely observation, interviews, documentation and literature study. Interviews were conducted by coffee buyers, coffee sellers, religious leaders, and community leaders in BatangParsuluman Village, SaiparDolok Hole District, SouthTapanuli Regency. The data processing and data analysis techniques of this research are after the data has been collected, the next step is to conduct data analysis processing. The results of this study indicate that the form of gharar in the sale and purchase of coffee beans in Batang Parsuluman Village, Saipar Dolok Hole District, South Tapanuli Regency is: buying and selling of goods that are not clear about their nature, affects the results of coffee milling so that it is not completely good and many are destroyed. The practice of buying and selling coffee has fulfilled the terms of sale and purchase and the terms of sale and purchase. However, the practice of buying and selling coffee does not meet the legal requirements of buying and selling. Which is the legal requirements for buying and selling must be avoided from harming one of the parties, one of which is to avoid gharar. The law that does not have text is the sale and purchase of coffee, where coffee sold by coffee farmers has not been dried in the sun, even some that have not been ripe but have already been added. in the sack to be sold to the second shop. can't be seen because it's still in the sack.
Analisis Putusan Hakim Tentang Perceraian Karena Tidak Mempunyai Anak Akibat Kista Syapar Alim Siregar, Nurhidayah Matondang &
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 | DOI: 10.24952/el-thawalib.v2i2.3763

Abstract

Law Number 1 of 1974 has explained the breakdown of marriage in article 38, one of which in letter (b) is divorce. Then, the reasons for divorce are clearly explained about the things that can be used as strong reasons for the parties to file a divorce to the Religious Court. As happened in case Number 203/Pdt.G/2020/PA.Pyb, the Petitioner (Ikhsan Ikhwandi Nasution/husband) submitted a request for divorce to the Panyabungan Religious Court on the pretext that the Respondent (Nurul Huda Hasibuan/wife) did not have children due to illness cyst he had. The type of research used is qualitative-descriptive research. The approach method used in this research is the juridical-empirical method, by analyzing the problem by combining legal materials (secondary) with primary data obtained from the field. The conclusion obtained in this study is that this decision is correct in terms of proof, seen from the fulfillment of the material and formal requirements. If viewed from the material requirements, the judge saw the correspondence between the petition and the witness testimony. The juridical review of the judge's decision was generally correct. Where the judge judge did not emphasize the cause of his divorce in terms of not having children due to his cyst disease, but rather on the side of husband and wife quarrels which in Arabic terms is called  syiqoqwhich occurs continuously, because at the time of evidence at trial the Petitioner did not present authentic evidence in the form of a certificate from a doctor. Meanwhile, if viewed from the formal requirements, the judge decided the divorce case was more due to the fulfillment of the elements of article 19 letter (f) of Government Regulation Number 9 of 1975 concerning the implementation of the Marriage Law and Article 116 letter (f) of the Compilation of Islamic Law and 39 of law number 1 of 1974. 
Efektivitas Pelaksanaan Undang-Undang No 32 Tahun 2009 Tentang Perlindungan Dan Pengelolan Lingkungan Hidup Terhadap Tambang Emas Ilegal Dermina Dalimunthe, Linda Sari &
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 | DOI: 10.24952/el-thawalib.v2i2.3486

Abstract

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.
Tradisi Pembacaan Yasin 41 Studi Living Qur’an Sawaluddin Siregar, Tia Subu Simamora & Hasiah &
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 | DOI: 10.24952/el-thawalib.v2i2.3751

Abstract

This research is the tradition of reading Yasin 41 which is carried out by the community of Paran Gadung village, Padang Bolak Julu district, Padang Lawas Utara district. This practice is carried out if someone is seriously ill, then Yasin 41 reads it with the hope that after reading the sick person back to health or if there is no hope of recovery, his death will be made easier. The formulation of the problem in this study is how the implementation systematics, as well as the community's interpretation of the Yasin 41 reading tradition.The aim is to find out the steps for implementing the Yasin 41 tradition and to find out the meaning of the Paran Gadung village community regarding the Yasin 41 reading tradition. which uses collection techniques by means of observation, interviewing, and documentation and uses books related to the study of living Qur'an and Hadis by Sahiron Syamsudin. The method used in this research is descriptive. The conclusion of this study is that the process of implementing Yasin 41 must be accompanied by a supervisor who already understands its implementation and several verses that are read repeatedly, then the community's consumption of the implementation of the Yasin 41 reading tradition is to get closer to oneself. to Allah SWT, the form of personality as a social being, and the last is to expect blessings from Alla SWT.
Penyelenggaraan Pariwisata Syariah di Hotel Natama Ahmatnijar, Indri Lestari Pasaribu & Syafri Gunawan &
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 | DOI: 10.24952/el-thawalib.v2i2.3450

Abstract

The results showed that the implementation of sharia principles at Natama Syariah Hotel is operationally in accordance with the DSN-MUI Fatwa Number: 108 / DSN-MUI / X / 2016 concerning the Implementation of Tourism Based on Sharia Principles.  However, administratively it is not in accordance with the DSN-MUIN Fatwa Number: 108 / DSN-MUI / X / 2016 concerning the Implementation of Tourism Based on Sharia Principles.  Because in practice Hotel Natama has not made the security of wifi facilities so that it can still access pornographic things and Hotel Natama has not received a halal certificate from the MUI.  However, Hotel Natama has provided halal food and beverage ingredients even though it has not received a halal certificate.  The inhibiting factors are the monitoring and evaluation factors by the DSN-MUI that are not yet optimal, the socialization factor about sharia hotels that is not optimal, the trust factor, where the hotel fully trusts guests to comply with all regulations at the hotel.  Based on the description above, the thing that must be done immediately is to make wifi security and continue processing the halal certificate from the Indonesian Ulema Council, to guarantee halal food and drinks provided by hotels labeled as Sharia.

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