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[Pemanfaatan Gadai Boat Dalam Pandangan Fiqh Muamalah ]]>
<![CDATA[Nurhabni, Nurhabni]]>
<![CDATA[ Jurnal El-Thawalib Vol 3, No 4 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v3i4.5944
<![CDATA[The people of Jawi-Jawi village in meeting the needs of living work as farmers, laborers and entrepreneurs, because of the many needs, some local people are looking for alternative ways to meet their needs by pawning their valuables, according to local habits, the goods that are pawned will be taken advantage of by the local community. pawnee. The purpose of this study was to determine the view of muamalah fiqh on the use of pawns.Pawn (rahn) is a category of debt-receivable agreements, and the practice of this pawn has existed since the time of the Prophet Muhammad, Pawn in fiqh mu'amalah is known as the word ar-rahn, which is storing an item as debt dependent.This type of research is field research, a descriptive approach, which aims to describe a situation and event based on the facts that occur in the field to obtain conclusions. The subjects in this study were rahin and murtahin who made use of pawn boats, then the data collection technique in this study was snowball sampling using interviews. To get the results of the study, the authors conducted interviews and observations to rahin and murtahin, religious leaders and the people of Jawi-jawi Village.The results of the study indicate that the pledge made by the Jawi-Jawi community in terms of the contract and its pillars has fulfilled what has been described in the muamalah fiqh study, but when viewed from the goods that are used as collateral, the murtahin uses it which causes deviations in the practice of pawning, it is a habit of the local community due to the lack of knowledge about how the collateral should be treated by rahin and murtahin parties.]]>
<![CDATA[Putusan MK Yang Bersifat Positif Legislature ]]>
<![CDATA[Pane, Ramadhan Siddik]]>;
<![CDATA[Kurniawan, Puji]]>
<![CDATA[ Jurnal El-Thawalib Vol 3, No 4 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v3i4.5939
<![CDATA[The Constitutional Court in the case of testing the constitutionality of an Act is declared granted, then by the provisions of the laws and regulations only given the authority to declare the material content of paragraphs, Articles, and / or parts of the Law contrary to the 1945 Constitution and has no binding legal force. Or make the process of making laws contrary to the mechanism of formation that has been regulated by the laws and regulations (negative legislature). However, in some cases the Constitutional Court in its ruling included new legal norms (positive legislatures) that are considered to have entered the realm of legislative authority. So based on this there is an increase in the authority of the Constitutional Court from negative legislature to positive legislature. Based on the picture of the problem, researchers want to further know how the constitutional court's authority in issuing positive legislature decisions, then what consideration factors are used by constitutional court judges in issuing positive legislature rulings. This research is assembled based on the type of juridical normative research by utilizing the legal approach and the case approach. The theory used in solving the above problems is to use progressive legal theory and positive legal theory. So that with the data obtained from the results of case review and law, it is processed by reducing data and cases. The results of this study state that the Constitutional Court in the case of testing the constitutionality of the Law based on norms stipulated in the laws and regulations only as a norm-spinning or negative legislature. However, based on the knife analysis of the progressive legal theory, the authority can become a new norm maker with various rules included in the sound of the verdict or positive legislature. The factor considered by constitutional court judges in stringing together the ruling is substantive justice considerations based on progressive theory, then this is supported by the purpose of the establishment of law in Islam is to realize justice. ]]>
<![CDATA[Persalinan Harus Dilakukan di Fasilitas Kesehatan ]]>
<![CDATA[Nasution, Mutiah]]>
<![CDATA[ Jurnal El-Thawalib Vol 3, No 4 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v3i4.5950
<![CDATA[This study discusses the implementation of the Regulation of the Minister of Health Number 97 of 2014 Article 14 Paragraph (1) concerning Childbirth Must Be Performed at Health Service Facilities in Batang Gadis Village, Panyabungan Barat District, Mandailing Natal Regency. This research is motivated by the low utilization of health services in pregnancy and childbirth examinations, whether it is health centers or hospitals or existing health service facilities and infrastructure, causing implementation that is not in accordance with existing regulations. This type of research is a field research using a qualitative descriptive analysis method. The method of collecting data in this research is by interview and documentation in accordance with the provisions contained in the Regulation of the Minister of Health Number 97 of 2014 Article 14 Paragraph (1) concerning Childbirth Must Be Done at Health Service Facilities in Batang Gadis Village, West Panyabungan District, Mandailing Regency. Christmas. The parties studied were the Mandailing Natal Health Office, the West Panyabungan Health Center and the community of Batang Gadis village, West Panyabungan District, Mandailing Natal Regency. The results of the study stated that the implementation of the Regulation of the Minister of Health Number 97 of 2014 Article 14 Paragraph (1) concerning Childbirth Must Be Done at Health Service Facilities in Batang Gadis Village, Panyabungan Barat District, Mandailing Natal Regency has not been implemented properly because many people in Batang Gadis Village still give birth. in non-health care facilities and choose to use traditional methods such as using the services of a traditional birth attendant (traditional traditional birth attendant) where delivery is carried out at home.]]>
<![CDATA[Maqashid Ash-Sharia Principles In Child Protection ]]>
<![CDATA[Harahap, Riska Harnysah]]>;
<![CDATA[Harahap, Risalan Basri]]>
<![CDATA[ Jurnal El-Thawalib Vol 3, No 4 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v3i4.5945
<![CDATA[Maqashid Asy- Sharia aims to realize the benefit of man in the world and the hereafter. The principle of Maqashid Asy- Sharia consists of maintaining religion (hifzh al-din), nurturing the soul (hifzh al- nafs), Protection of reason (hifzh al-aql), nurturing offspring (Hifzh al-nasl) and maintaining property (hifz al-mal). The formulation of the problem from this study is how the concept of child protection in Law No. 35 of 2014 concerning Child Protection and How the principle of Maqashid Asy-Sharia in Law No. 35 of 2014 concerning Child Protection. The purpose of this study is to find out how the concept of protection of children in Law No. 35 of 2014 concerning Child Protection andTo find out how the principle of Maqashid Asy-Sharia in Law No. 35 of 2014 concerning Child Protection. The theory used in this study is a theory related to the principle of Maqashid Asy- Sharia in law no. 35 of 2014 concerning. Furthermore, the type of research used is library research, using a normative juridical approach. The results of the research obtained, namely, freedom to practice religion, are contained in article 6 of Law No. 35 of 2014, namely that every child has the right to worship according to their religion, thinking, and expression in accordance with their level of intelligence and age under the guidance of parents or guardians.It is found in (hifzh al-din maintains Religion. Children are a generation that needs to be given religious education so that they have a basic foundation in everyday life. Childcare is contained in article 7 of Law No. 35 of 2014, namely parents and families are responsible for nurturing, maintaining, educating, and protecting children. It is called (hifzh al- nafs). The protection of education is contained in article 9 of Law No. 35 of 2014 concerning child protection, namely that every child has the right to obtain education and teaching in order to develop his personality and his level of intelligence with his interests and talents is hifzh al -aql.]]>
<![CDATA[Peran Bimbingan Perkawinan Pranikah Terhadap Keutuhan Rumah Tangga ]]>
<![CDATA[Rambe, Ronimah]]>
<![CDATA[ Jurnal El-Thawalib Vol 3, No 4 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v3i4.5940
<![CDATA[The focus of this research is. The Role of Premarital Marriage Guidance on Household Integrity in Southeast Padangsidimpuan District, by raising two main issues, namely 1) What is the Process of Premarital Guidance for Married Couples in Southeast Padangsidimpuan District? 2) What is the Role of Premarital Marriage Guidance on Household Integrity in Southeast Padangsidimpuan District? The aim is to find out 1) the process of premarital guidance for married couples in Southeast Padangsidimpuan district 2) the role of premarital marriage guidance on household integrity in Southeast Padangsidimpuan sub-districtThis research is a Field Research study that uses data collection techniques, namely by means of: Observation, Interview, and documentation, then taking books related to this research such as Journals, Government Publications, as well as sites or other sources that support this research. The results of the research that the researchers got from the research site, the process of providing premarital marriage guidance carried out by the KUA, namely people who are about to get married must register themselves and their partners with the KUA and have completed the prescribed documents. Then the KUA will give invitations to prospective married couples to take premarital guidance for prospective bridal couples with the material of preparing a solid marriage towards a sakinah, mawaddah, warahmmah family, fiqh munakahat, (marriage, divorce, tahaharah and iddah), the rights of husband and wife obligations , and managing conflict and building family resilience. Premarital guidance materials are delivered through lecture, discussion, and question and answer methods.]]>
<![CDATA[Pelaksanaan Pendamping Desa Menurut Permendes ]]>
<![CDATA[Hasibuan, Ricky Wahyu]]>
<![CDATA[ Jurnal El-Thawalib Vol 3, No 4 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v3i4.5943
<![CDATA[Village assistants are tasked with increasing community empowerment in a village, to assist the work of village assistants located at the sub-district level, it is necessary to have local village assistants (PLD) based directly in the village. Then the Regulation of the Minister of Villages, Development of Disadvantaged Regions and Transmigration Number 19 of 2020. This research is an empirical normative research, with data collection carried out by observation and interviews. To ensure the acquisition data, the credibility test, transferability test, depandibility test and confirmability test were carried out, then analyzed using inductive qualitative methods. Implementation of Village Minister Regulation No. 19 of 2020 article 10 paragraph 3 has not been effective because there are still many people who consider village assistants to be irresponsible after construction without any steps to take care of them. A review of siyasa fiqh on the implementation of the Village Minister Regulation No. 19 of 2020 article 10 paragraph 3 regarding the duties of village assistants can be seen from the side of the dusturiyah siyasa, namely the leader should oblige the community to obey and obey the rules that have been set. Factors inhibiting the implementation of the Minister of Village Regulation No. 19 of 2020 article 10 paragraph 3 is the knowledge of village assistants about their duties and responsibilities and many people do not want to know about the duties of village assistants. Factors supporting the implementation of the Minister of Village Regulation No. 19 of 2020 article 10 paragraph 3, among others are: 1) Management of basic social services, utilization of natural resources and appropriate technology, development of village infrastructure, and empowerment of rural communities. 2) Increasing the capacity of the Village Government or village community institutions in the development and empowerment of rural communities. 3) Organizing village community groups. 4) Capacity building for village community empowerment cadres and the creation of new cadres. 5) Assisting villages and communities in the participatory development of rural areas. 6) Coordination of facilitation at the sub-district level and reporting facilities on the implementation of mentoring.]]>
<![CDATA[Transaksi Jual Beli Chip Game Online Higgs Domino ]]>
<![CDATA[Ritonga, Masjulita]]>;
<![CDATA[Harahap, Nurhotia]]>
<![CDATA[ Jurnal El-Thawalib Vol 3, No 4 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v3i4.5938
<![CDATA[Higgs domino online game chip buying and selling transactions are transactions that are mostly carried out by higgs domino online game players, these chip buying and selling transactions are the same as buying and selling transactions in general. And the purchase of the higgs domino online game chip is done through social media or directly to the seller of the higgs domino online game chip, and regarding the price of the higgs domino online game chip which is traded based on an agreement between the seller and the buyer. The formulation of the research problem is how to practice buying and selling online high-domino game chips? And what about the perspective of fiqh, muamalah, buying and selling online game chips, higgs domino?. The purpose of this study is to obtain answers about how the practice of buying and selling online game chips higgs dominoes and knowing how the fiqh muamalah perspective on buying and selling online game chips higgs dominoes. This research is a field research that uses a descriptive qualitative approach in data collection. The data collection used in this research is the method of interview, observation, and documentation. The time in this study was about 3 months and the location of this research was in the village of Wek II Silayang Laying, North Padangsidimpuan District. This chip sale and purchase transaction has clear consent and qabul between the seller and the buyer, but the object being traded does not meet the pillars of buying and selling because the object being traded contains elements of maysir.]]>
<![CDATA[Penanggulangan dan Pencegahan Narkotika ]]>
<![CDATA[Saputra, Riki]]>
<![CDATA[ Jurnal El-Thawalib Vol 3, No 4 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v3i4.5949
<![CDATA[The problem in this research is the Prevention and Countermeasures Against Abuse and Illicit Trafficking of Narcotics, Psychotropics and other Addictive Substances. Kenagarian Ranah Sungai Magelang is one of the Kenagarians in Gunung Tuleh District, West Pasaman Regency which has the highest level of abuse and circulation cases. The purpose of this study was to find out how the Effectiveness of the Regional Regulation of West Pasaman Regency No. 2 of 2017 Article 12 concerning the prevention and control of illicit trafficking of narcotics or other addictive substances in West Pasaman District, Gunung Tuleh Kenagarian District, Magelang River Region and to find out how Siyasah's Fiqh reviews the effectiveness of this local regulation. The role of the community in the Magelang River Realm in accordance with Article 12 Number 2 of 2017 Regional Regulation of West Pasaman Regency is to participate in carrying out campaigns and disseminating information regarding the dangers of abuse and illicit trafficking of Narcotics, Psychotropics, and other Addictive Substances. The community in the Magelang River Realm Kenagarian is actively involved in campaigning and disseminating information about the dangers of abuse and illicit trafficking of Narcotics, Psychotropics, and other Addictive Substances, in the form of counseling. This counseling is in collaboration with the Head of Drug Research at the West Pasaman Police. However, in Kenagarian Ranah Sungai Magelang, prevention from the community is only a form of counseling without any activities aimed at avoiding the dangers of Narcotics such as community organizations, such as community empowerment. There is no forum for the community to actively participate in this drug prevention action.]]>
<![CDATA[Dampak Perubahan Batas Usia Nikah Terhadap Dispensasi Nikah di Pengadilan Agama ]]>
<![CDATA[Amina, Siti Nur]]>
<![CDATA[ Jurnal El-Thawalib Vol 3, No 4 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v3i4.5941
<![CDATA[Marriage or what is often called marriage is a common thing done by all humans on earth. In the Qur'an it is stated that living in pairs, living in pairs is the instinct of all creatures of Allah SWT, including humans. In our country, Indonesia, there is a law regarding the age of a person who wants to get married, but the law has been revised, namely in the decision of the Constitutional Court which has amended the marriage law No. 1 of 1974 concerning marriage which states that "Marriage is only permitted if a man reaches the age of 19 (nineteen) years for the woman to reach 16 (sixteen) years" which was changed or revised to Number 16 of 2019 concerning marriage which states that "Marriage is only permitted if a man and woman reach the age of 19 years". This has changed the age of women from 16 years to 19 years. The purpose of this study was to determine the impact of changing the age limit for marriage in the Padangsidimpuan City Religious Court. Based on the theoretical study and research results that have been carried out by the author at the Padangsidimpuan City Religious Court, the following conclusions can be drawn: With the enactment of Law Number 16 of 2019 it has an impact on the Padangsidimpuan City Religious Court itself, namely the increase in public submissions. Regarding cases of marriage dispensation applications, which is seen from the data, namely in October 2019 there were only 30 cases after the enactment of Law Number 16 of 2019 which proposed 59 cases from January 2020 to January 2022. And this also resulted in several people getting married early dropouts because one of the schools no longer accepts married students.]]>
<![CDATA[Dampak Poligami Tanpa Persetujuan Istri Terhadap Keharmonisan Rumah Tangga ]]>
<![CDATA[Harahap, Tuti Alawiyah]]>;
<![CDATA[Siregar, Syapar Alim]]>
<![CDATA[ Jurnal El-Thawalib Vol 3, No 4 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v3i4.5935
<![CDATA[The focus of this research is the implementation of polygamy without the consent of the first wife which greatly affects household harmony in Sibanggor Tonga Village, Puncak Sorik Marapi District, Mandailing Natal Regency, by raising two main problems, namely 1) what is the background for polygamy without the wife's consent in the village. Sibanggor Tonga ? 2) What is the impact of polygamy without the wife's consent on the harmony of households practicing polygamy in Sibanggor Tonga Village?. The purpose of this study is to find out what is behind the occurrence of polygamy without the wife's consent and how it affects their household harmony.The approach used in this research is a qualitative-descriptive approach, namely collecting data through interviews, observations and document studies. This research is qualitative, namely research conducted by collecting primary data and secondary data on phenomena that are currently happening directly. The primary data from this research are the village head, community leaders and families who practice polygamy. And the secondary data in this research are books, journals, theses, and other supporting sources.The conclusion obtained in this study is that polygamous marriages that occurred in Sibanggor Tonga Village were carried out due to an error in understanding the verse that allowed polygamy, in which the emphasis of polygamy was only seen in terms of its permissibility, without paying attention to the permissibility of what is contained in the verse, on the basis of their common understanding of how polygamy is actually permitted by Islamic law and the law, and on the basis of abuse, in fact polygamy that occurred in Sibanggor Tonga Village is only used as a way to fulfill lust without considering the rights of the wife and children. their children so that it greatly affects the harmony of their household.]]>
