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[Lafadz Ijab Qabul Perspektif Fiqih As-Syafi’i ]]>
<![CDATA[Siregar, Arnisa]]>;
<![CDATA[Harahap, Ikhwanuddin]]>;
<![CDATA[sirait, Adi syahputra]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 5 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i5.4403
<![CDATA[Marriage is not just a written contract or usually spoken between the bride and groom. Ijab qabul is one of the pillars of marriage, there is ijab, namely lafadz spoken by the guardian of the prospective bride or her representative while qabul is lafadz spoken by the prospective groom. Then without the pillars in a marriage contract, the marriage is invalid. As happened in the process of the marriage contract in the city of Padangsidimpuan, the lafadz consent and qabul were not in accordance with the provisions of the Shari'a.The purpose of this thesis is to find out how the marriage registrar's perception of lafadz ijab qabul in the marriage process in the city of Padangsidimpuan.The conclusions obtained in this study are that the implementation of the ijab qabul lafadz in the procession of the marriage contract in the city of Padangsidimpuan lafadz qabul ijab as follows: the consent pronounced by the guardian must be in harmony with the qabul answered by the prospective groom. If the guardian of the prospective bride is her biological father in her consent, there is no need to say using binti, because it is clear in her consent that it is my biological daughter.]]>
<![CDATA[North Padang Lawas District Regulation ]]>
<![CDATA[Siregar, Ramadani]]>;
<![CDATA[Nasution, Muhammad Arsad]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 5 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i5.4409
<![CDATA[This research is entitled Implementation of North Padang Lawas District Regulation Number 9 of 2016 Article 55 Concerning The Duties, Powers, Rights and Obligations of Village Head in Batang Onang Baru. The formulation of the problem in this research is How is the implementation of the Regional Regulation of North Padang Lawas Regency Number 9 of 2016 Article 55 concerning the duties, powers, rights and obligations of the Village Head, and what are the factors that influence the implementation of the duties and authorities of the Village Head in Batang Onang Baru Village. To obtain the results of this study, the researcher used a descriptive field research type. The data sources in this study were the Batang Onang Baru village apparatus and PKK members and the community. Secondary data in this study is data taken as supporting primary data without having to go directly to the field, including official documents, legal books, journals and articles related to this research. Based on the results of the study, it is known how the implementation of the implementation of the regional regulation of the North Padang Lawas Regency No. 9 of 2016 concerning the duties, authorities, rights and obligations of the village head in Batang Onang Baru. In its implementation it has not been effective because it is not in accordance with the provisions. The factors are that there is no legal counseling on community empowerment that is implemented through PKK, there is no inefficient supervision budget. And the implementation of the duties and authority of the village head in terms of fiqh siyasah, namely at the time of the Prophet, empowerment was carried out through a process of education and the liberation of slaves that all humans were equal in the sight of Allah.]]>
<![CDATA[Pelaksanaan Sewa Menyewa Keyboard ]]>
<![CDATA[Nasution, Diah Lestari]]>;
<![CDATA[Harahap, Ikhwanuddin]]>;
<![CDATA[Siregar, Khoiruddin Manahan]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 5 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i5.4404
<![CDATA[Lease (Ijarah) is taking benefits from an object, in other words the occurrence of a moving rental event is only the benefit of the object being rente. The problem in this research is how to implement keyboard rental in Sipange Julu Village, Sayurmatinggi District. Judging from the Sharia Economic Law Compilation on the implementation of keyboard entertainment rentals in Sipange Julu Village, Sayurmatinggi District. This research is a field research or also called empirical research. Empirical research means research that looks at the phenomenon of community law or social facts that exist in society. There are two sources of data, namely primary and secondary, while the data collection instruments are interviews, observation and documentation. Keyboard owner is in default state. namely by not bringing one of the tools if something happens such as a generator and there is a lack of time, in providing wages or payments the keyboard owner does not want to reduce payments or wages this is because in the Compilation of Sharia Economic Law Article 317 explains that the excess time musta'jir must be paid with an agreement between the two parties, this explanation can be concluded if the rental time is more then the musta'jir will pay the extra time, and if the rental time is still less than agreed, the landlord will deduct wages or payments from the lease.]]>
<![CDATA[Praktik Pencampuran Ketan Di Pajak Batu ]]>
<![CDATA[Adek Irma Suryani, Lubis]]>;
<![CDATA[Muhammad Arsad, Nasution]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 5 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i5.4399
<![CDATA[According to muamalah fiqh, buying and selling is a sale and purchase contract for certain goods where the seller clearly states the goods being traded, including the purchase price of the goods to the buyer, then he requires a certain amount of profit. Glutinous rice is a type of rice that is whiter in color than other rice. glutinous rice has a larger size when cooked, glutinous rice has a sticky texture. The problems contained in this thesis are How is the practice of buying and selling glutinous rice with a mixed system in the Batu Tax market, North Padangsidimpuan District? Why does the seller use the mixed glutinous rice system in the Batu Tax market? What is the view of muamalah fiqh on the practice of selling glutinous rice with a mixed system in the Batu Tax market? This study uses a descriptive qualitative approach in data collection, namely observation and interviews. Based on the results of the study, it can be concluded that the fiqh muamalah review of the practice of buying and selling glutinous rice in the Batu Tax Market, Padangsidimpuan District, the glutinous rice sellers commit fraud by mixing glutinous rice with ordinary rice so that the traders get greater profits. In muamalah fiqh, the practice of buying and selling mixed glutinous rice is prohibited because it contains fraud that can harm one party. Fraud in the form of quality gharar in the sale and purchase of mixed glutinous rice is one that causes harm to other people or society in general.]]>
<![CDATA[Pelaksanaan Kampanye Pemilihan Bupati Dan Wakil ]]>
<![CDATA[Hasibuan, Ulpa Sari]]>;
<![CDATA[Harahap, Ikhwanuddin]]>;
<![CDATA[Hasiah, Hasiah]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 5 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i5.4410
<![CDATA[This thesis is entitled "Implementation of the Regent and Deputy Regent Election Campaign During the Covid-19 Pandemic In South Labuhan Batu Regency". The problem in this thesis is to determine the implementation of the regent and deputy regent election campaign during the covid-19 pandemic in South Labuhan Batu Regency and a review of siyasa fiqh about campaigns during the epidemic.The type of research used by the researcher is descriptive qualitative research, the data used are primary and secondary data, the method of collecting data is observation, interviews, and through library research.Based on the results of the research that the implementation of the election campaign for the regent and deputy regent in South Labuhan Batu Regency was successfully carried out by following the health protocol regulations, but there were still many who violated the government's lack of firmness to impose sanctions so that in its implementation BAWASLU issued 4 warning letters and dissolved the campaign.While in the fiqh siyasah review, the implementation of the campaign during the covid period is theoretically appropriate according to the siyasah fiqh because the implementation of this campaign still pays attention to the safety of the ummah Although the implementation is not appropriate because many of the campaign participants violate the regulations (health protocols)]]>
<![CDATA[Peran Tokoh Masyarakat Dalam Pemilihan BPD ]]>
<![CDATA[Saputra, Indra]]>;
<![CDATA[Dalimunthe, Dermina]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 5 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i5.4402
<![CDATA[This research is entitled The Role of Community Leaders in the Election of the Village Consultative Body in Sipange Godang Village, South Tapanuli Regency. The problem in this research is how the role of community leaders in the election of members of the Village Consultative Body and the selection system for members of the Village Consultative Body. The formulation of the problem in this research is how the role of community leaders in the selection of members of the Village Consultative Body in Sipange Godang Village, Sayur Matinggi District, South Tapanuli Regency and how the system for selecting members of the Village Consultative Body in Sipange Godang Village, Sayur Matinggi District, South Tapanuli Regency. So the purpose of this research is to find out the role of community leaders in the election of members of the Village Consultative Body and the selection system for members of the Village Consultative Council. To obtain the results of this study, researchers used a type of field research (Field research) which is descriptive qualitative. The data collection used is interview technique, observation, and documentation data. While the data analysis technique was carried out using several steps, namely editing, verification, data analysis and drawing conclusions. Based on the results of the research, the role of community leaders in the selection of members of the Village Consultative Body (BPD) in Sipange Godang Village, Sayur Matinggi District, South Tapanuli Regency is as a motivator, dynamist, and as a social control. The election system for members of the Village Consultative Body is carried out by means of a consensus deliberation system, lobbying system, and voting system.]]>
<![CDATA[Jual Beli Bensin Dengan Menggunakan Jerigen ]]>
<![CDATA[Nasution, Zakiah Khairani]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 5 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i5.4413
<![CDATA[The sale and purchase of gasoline at the Sibuhuan SPBU, Padang Lawas Regency is where the sale and purchase of gasoline using jerry cans at gas stations is carried out by consumers, consumers must pay the contents (additional money) according to the size of the jerry cans they fill. has been issued by the SPBU in order to be able to refill gasoline using jerry cans, namely by bringing a letter of recommendation (suratizin) from the Government. The research method that I use is to use field research (Field Research) which is descriptive qualitative. This research will describe how the practice of buying and selling gasoline using jerry cans at the Sibuhuan gas station, Padang Lawas Regency in terms of the compilation of Islamic economic law. The data collection techniques used were interviews, observation, and documentation. After the researcher obtains the data, the data is processed / analyzed to be re-checked for validity and deductively which is then reported descriptively. The results obtained from this study are not in accordance with the second point of the Islamic Economic Law Compilation, namely the legislation because it contradicts Presidential Regulation No. 191/2014 Article 18 paragraph (2), namely "business entities and / or the community are prohibited from hoarding and / or storing. certain types of fuel that are contrary to the provisions of laws and regulations.]]>
<![CDATA[An Analysis About Drugs Dealers ]]>
<![CDATA[Harahap, Rabiyatul Adawiyah]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 5 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i5.4408
<![CDATA[This research was motivated by two accused drugs dealers who came from Mandailing Natal who were caught by members of the Padangsidimpuan City Police on January 8, 2020 in Field I Tor Simarsayang with evidence of narcotics class I, type of marijuana weighing 250 kilograms and was sentenced by a judge with sanctions sentence of 20 years in prison. The purpose of this study is to determine the application of the panel of judges regarding material law in the decision, to determine the judge's considerations in imposing the penalty. and to find out how the perspective of Islamic criminal law is related to the decision No.177/Pid.Sus/2020/Pn/Psp. The research used in this research is field research which is qualitative in nature, namely research conducted by collecting primary and secondary data. Research data that becomes primary data is data obtained directly from research subjects, namely the results of interviews with the Padangsidimpuan City District Court judges and the defendants in in social institution of Padangsidimpuan. While the secondary legal materials for researchers were obtained from laws and regulations, books, articles, expert opinions, and other sources deemed relevant and related to this research. The data collection technique is done by interview, and documentation. The data is processed by identification, clarification and analysis techniques to obtain final conclusions. The results of this study are the application of material law in No.177/Pid.Sus/2020/Pn/Psp is involvement as a narcotics courier, conspiracy in narcotics couriers and evidence. As well as the consideration of the panel of judges in decision No.177/Pid.Sus/2020/Pn/Psp in imposing a 20-year sentence, there are two considerations, namely juridical considerations and non-juridical considerations, in which the juridical considerations consist of the demands of the public prosecutor, a memorandum of defense for the defendant, statements the defendant, the statements of the witnesses, and mitigating and aggravating and non-juridical matters are sociological aspects. So that in imposing a sentence, the judges really consider the sanctions that will be decided based on the facts in the trial. ]]>
<![CDATA[Analisis Fatwa MUI Nomor 4 Tahun 2003 ]]>
<![CDATA[Desriani, Desriani]]>;
<![CDATA[Hasibuan, Zulfan Efendi]]>;
<![CDATA[Harahap, Risalan Basri]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 5 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i5.4400
<![CDATA[Various kinds of culinary are rife in the middle of the city of padangsidimpuan by using thr name of processed food using a strange name. one of the branded products thet are currently becoming a tren in the community are meatballs with children, devil’s noodles, missile meatball cones and so on.Islam requires that the products to be consumed will be guaranteed to be halal and pure. Halal is not only from the type but also from the name. where in the explanation of the MUI Fatwa Number 4 of 2003 concerning standardization of halal fatwas, it is contained in the fourth section: the problem of using names and ingredients in point 1, namely “not to consume and use names and/or symbols of food/drinks that leat to kufr and falsehood”. From this background for naming processed foods in padangsidimpuan city based on MUI Fatwa Analysis Number 4 of 2003.This research is a field research. The research used is to collect data on the phenomena that occur. The data sources of this research are primary data and secondary data. Data collection techniques using field studies, namely ovservation, interviews and documentation.The results of this study indicate that traders or sesllers give the names of the foods they make with strange names because of the many business competitors. Based on the MUI Fatwa Number 4 of 2003, the author’s analysis of the naming of processed foods that are contrary to the MUI Fatwa are devil noodles, dragon whiskers, and devil’s chili chicken, while the names of processed foods that are allowed or not contrary to the MUI Fatwa Number 4 of 2003 such as meadballs with planet chicken because these names do not lead to kufr/falsehood as described in the MUI Fatwa.]]>
<![CDATA[Penetapan Harga Makanan dan Minuman ]]>
<![CDATA[Khoiriah, Misbahul]]>;
<![CDATA[Harahap, Ikhwanuddin]]>;
<![CDATA[Harahap, Risalan Basri]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 5 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i5.4411
<![CDATA[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.]]>
