Jurnal El-Thawalib
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.
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<![CDATA[The Implementation of Constitutional Court of Indonesia ]]>
<![CDATA[Pandapotan, Jannes]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 4 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i4.4233
<![CDATA[This study discusses The Implementation of Constitutional Court of Indonesia Decision No. 128/PUU XIII/2015 on the Elimination of Domicile Requirements for Village Apparatus Candidates in Pasar Batahan Village Batahan Sub-district Mandailing Natal District. This research was motivated by a decision of the Constitutional Court that removed the requirement of domicile for village apparatus candidates so village apparatus candidates could register anywhere without any regional restrictions. This type of research is field research with qualitative descriptive analysis methods. This method of data collection is by interview and documentation in accordance with the provisions in the constitutional court of Indonesia decision No. 128/PUU-XIII/2015 on the elimination of domicile requirements for village apparatus candidates in Pasar Batahan Village Batahan Sub-district Mandailing Natal District. The parties studied were the Head of Batahan Sub-district, Head of Pasar Batahan Village, Secretary of Pasar Batahan Village, Head of BPD of Pasar Batahan Village, Indigenous People of Pasar Batahan Village (Niniak Mamak) and Community Around Pasar Batahan Village as the voter of the place of implementation of the constitutional court decision related to the elimination of domicile requirements for village apparatus candidates. The results of the study mentioned that the implementation of constitutional court of Indonesia decision No. 128/PUU-XIII/2015 on the elimination of domicile requirements for village apparatus candidates in Pasar Batahan Village Batahan Sub-district Mandailing Natal District has been implemented this can be seen from the form of implementation that has been applied by the Village Head and Sub-District Head, namely by conducting socialization, networking, screening and appointment of village apparatus candidates conducted by the Village Head along with Sub-district Head. Then according to the view of Islamic Law has also been appropriate and there is no problem.]]>
<![CDATA[Pemanfaatan Tanah Belum Lunas ]]>
<![CDATA[Nursaidah, Nursaidah]]>;
<![CDATA[Hasibuan, Zulfan Efendi]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 4 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i4.4245
<![CDATA[The problem of this research is basically a review of Islamic law on the use of the object of buying and selling land that has not been paid off in Simangambat Village, Siabu District, Mandailing Natal Regency. The formulation of the problem of this research is the use of the object of sale and purchase that has not been paid off by the buyer of the land and the view according to Islamic law. The purpose of this study was to find out how Islamic law reviews the utilization of the object of buying and selling land that has not been paid off in Simangambat Village, Siabu District, Mandailing Natal Regency.The basic theory used in this study is the understanding of buying and selling, the legal basis of buying and selling, the pillars and terms of buying and selling, various kinds of buying and selling, the wisdom and benefits of buying and selling, elements of negligence in buying and selling, forms of buying and selling, obligations of sellers and buyers , understanding of buying and selling credit, the legal basis of buying and selling credit, terms and conditions of buying and selling credit, and the consequences of buying and selling credit.This research is a field research, research used to collect data on phenomena that occur, natural and scientific. The data sources of this research are primary data and secondary data. Research data collection techniques using field studies (observations, interviews and documentation) and library studies. And use a systematic discussion.The results of the research that are expressed in the thesis entitled Islamic law review on the use of the object of buying and selling land that have not been paid off in Simangambat village, Siabu district, Mandailing Natal district are the terms and pillars of buying and selling are in accordance with Islamic law but the problem here is that the buyer does not occupy the agreement that has been made at the beginning of the transaction and here the seller feels aggrieved and causes a broken promise.]]>
<![CDATA[Praktik Jual Beli Ikan Potong ]]>
<![CDATA[Tusaddia, Halimah]]>;
<![CDATA[Hasibuan, Zulfan Efendi]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 4 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i4.4239
<![CDATA[In human life buying and selling is a necessity that cannot be abandoned, so humans cannot live without buying and selling activities. Buying and selling is also a means of helping fellow human beings so that Islam determines its permissibility. In line with the times, the problem of buying and selling occurs in society is increasingly widespread. One of them is the practice of buying and selling cut fish at the Inpres Market in Sibolga City. The problem in this study is how to buy and sell cut fish at the Inpres Market in Sibolga City and how the relationship between fiqh muamalah and the practice of buying and selling cut fish at the Inpres Market in Sibolga City.The basic theory used in this study is the understanding of buying and selling, the legal basis of buying and selling, the pillars of buying and selling, the legal terms of buying and selling, khiyar in buying and selling, various kinds of buying and selling, rights and obligations of buying and selling, and the wisdom of buying and selling.This research is a field research. Research conducted by collecting data on phenomena that occur, natural and natural. The data sources of this research are primary data and secondary data. Data collection techniques used field studies, namely observation, interviews, and documentation.The results showed that the practice of buying cut fish at the Inpres Market in Sibolga City contained an element of ambiguity regarding the sale and purchase contract, namely the buying and selling of fish carried out at the Inpres market was divided into two ways, namely buying and selling fish which was done by cutting and buying and selling fish which was done indirectly cut. People who buy fish uncut will get whole fish while people who buy fish in pieces, the seller will reduce the benefits of the fish without an agreement that the seller will take eggs from the fish that will be cut by the seller so that they get more profit from taking the fish eggs . Based on muamalah fiqh, it is not permissible to buy and sell that is deceptive or gharar and there is an ambiguity in the contract of buying and selling fish. Therefore, the sale and purchase of cut fish at the Inpres Market in Sibolga City is not permitted.]]>
<![CDATA[Pemanfaatan Gadai Lahan Sawit ditinjau dari KHES ]]>
<![CDATA[Rajab, Ahmad]]>;
<![CDATA[Siregar, Dame]]>;
<![CDATA[Ahmatnijar, Ahmatnijar]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 4 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i4.4227
<![CDATA[Masalah pokok dalam skripsi ini adalah pertama, bentuk-bentuk praktik pemanfaatan KPR sawit yang digunakan di Desa Hutarimbaru Kecamatan Barumun Kabupaten Padang Lawas. Tinjauan kedua kompilasi hukum ekonomi syariah tentang pemanfaatan hak tanggungan tanah sawit yang digunakan oleh masyarakat Hutarimbaru, Kecamatan Barumun, Kabupaten Padang Lawas. Tujuan dari st ini h Tujuan penelitian ini adalah untuk mengetahui praktik penggunaan tanah gadai minyak yang digunakan oleh masyarakat desa hutarimbaru kecamatan barumun kabupaten golf lama dan untuk mengetahui kompilasi suara ekonomi syariah menggunakan praktik gadai oleh masyarakat hutarimbaru intensitas barumun kabupaten padang lawas penelitian ini termasuk penelitian lapangan dengan metode Penelitian Kualitatif (penelitian lapangan).Sumber data primer penelitian adalah pegadaian (rahin dan murtahin) Sumber data sekunder adalah saksi dalam perjanjian gadai, tokoh adat, tokoh masyarakat, tokoh agama, dan perjanjian gadai.Pengumpulan data dalam penelitian ini adalah wawancara dan dokumentasi. Hasil penelitian Disimpulkan bahwa dalam praktik pemanfaatan hak tanggungan lahan kelapa sawit di Desa Hutarimbaru, Kecamatan Barumun, Kabupaten Padang Lawa, dalam hal akad tidak sesuai dengan ketentuan hukum Islam khususnya hukum ekonomi syariah. pesan.]]>
<![CDATA[Pembulatan Uang Sisa ]]>
<![CDATA[Khalida, Lina]]>;
<![CDATA[Nasution, Muhammad Arsad]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 4 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i4.4240
<![CDATA[The fundamental problem in this research is the element of compulsion for unilateral actions in rounding off the remaining money. In this problem, the researcher wants to know the form of refunding the remaining money with a small nominal in buying and selling transactions at the Ita Siregar Store and the Fiqh Muamalah review of the practice of rounding.This research uses field research, namely data collection is carried out by direct observation to Ita Stores and interviews with sellers and buyers who know the practice of rounding up the remaining money in buying and selling transactions. After that, it is analyzed, namely explaining the views on buying and selling and rounding off the remaining money from Fiqh Muamalah.In the implementation of the pillars and terms of buying and selling with the practice of rounding up the remaining money at the Ita Siregar Shop, it is in accordance with Muamalah Fiqh. However, rounding off the remaining money in buying and selling based on sharia principles, one of which is to prioritize the principle of willingness when the transaction is not in accordance with Fiqh Muamalah because in practice, there is still an element of coercion.The factor in the rounding up of the remaining money from the Ita Siregar Shop is the rounding of the remaining money due to the absence of change with a small nominal value, making transactions easier and as a means of giving alms. So the thing that must be done is to make a nominal calculation of the price of goods at the right price or the nominal that is still circulating a lot to avoid small fractional nominals.]]>
<![CDATA[Harta Bawaan Menurut KHI Dan KUHper ]]>
<![CDATA[Sadi, Azwir Amir]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 4 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i4.4232
<![CDATA[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.]]>
<![CDATA[Praktek Sewa Menyewa Meja Biliar ]]>
<![CDATA[Harahap, Diana Efrida]]>;
<![CDATA[Ahmatnijar, Ahmatnijar]]>;
<![CDATA[Hasiah, Hasiah]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 4 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i4.4243
<![CDATA[This research is entitled "The Practice of Renting Billiard Tables in Review From the Compilation of Sharia Economic Law (In Environment II Batunadua Jae)". The author is interested in conducting this research to obtain an overview of the practice of renting a billiard table in terms of sharia economic law. The purpose of this study is to find out the implementation of the practice of renting pool tables in Batunadua Jae Environment II, and to analyze from the point of view of sharia economic law about the practice of renting pool tables in Batunadua Jae Environment II. To get answers to research problems, the authors conduct research using field research methods using descriptive qualitative, where research is carried out in natural situations. The results of this study regarding the practice of renting a pool table can be said that someone knows how to play billiards mostly from friends and sees people playing billiards. How to play a billiard table in Batunadua Jae Ward II uses playing cards as a benchmark for the ball to be entered by players, besides that billiard players use money as bets or gambling. In the implementation of the billiard table rental in Lingkunagan II Batunadua Jae, it is contrary to the KHES contained in article 274 paragraph 2 which says that the object being liberated must be used for things that are justified according to sharia Because according to Islamic law it is not permissible to bet and gamble.]]>
<![CDATA[Pemerkosaan Pada Anak ]]>
<![CDATA[Harahap, Syaiful Akhyar]]>;
<![CDATA[Nasution, Muhammad Arsad]]>;
<![CDATA[Sirait, Adi Syahputra]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 4 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i4.4238
<![CDATA[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.]]>
<![CDATA[Efektivitas Perda Minuman Keras ]]>
<![CDATA[Harahap, Ardiansyah]]>;
<![CDATA[Dalimunthe, Dermina]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 4 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i4.4228
<![CDATA[The background of this research problem is the effectiveness of the implementation of the Regional Regulation Number 7 of 2005. This of course has an impact on the lack of level of public understanding of local regulations regarding the prohibition of the sale and distribution of liquor, it causes more and more people to sell and distribute liquor. The formulation of the problem of this research is how the effectiveness of implementing the regional regulations of the City of Padangsidimpuan Number 7 of 2005 concerning the prohibition of the sale and distribution of liquor in the VII Environment of Batunadua Jae Village, Padangsidimpuan City and the factors that become obstacles in the implementation of the Padangsidimpuan City area Number 7 of 2005 concerning the prohibition of sales and distribution. liquor in the VII Ward of Batunadua Jae Urban Village, Padangsidimpuan City. This type of research used by researchers is field research (field research) which took place in the KelurahanBatunaduajae and the Office of the SATPOL PP Padangsidimpuan City. So to find out the results or the correctness of the problems in this study, researchers used data collection instruments by means of interviews and documentation. Meanwhile, data management is done by identification, category, analysis, and conclusions. The results obtained from this study indicate that the implementation of regional regulation number 7 of 2005 concerning the prohibition of the sale and distribution of liquor has not been effective, because there are still many fields that sell and distribute liquor in the VII Ward of Batunadua Jae Village, Padangsidimpuan City.]]>
<![CDATA[Praktik Pembagian Harta Warisan Ditinjau Dari KHI ]]>
<![CDATA[Karmila, Karmila]]>;
<![CDATA[Siregar, Syapar Alim]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 4 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i4.4241
<![CDATA[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.]]>
