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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 10 Documents
 1 
Search results for , issue "Vol 5, No 2 (2024)" : 10 Documents clear
Kajian Etimologi dan Terminologi Jual Beli dalam Hadis: Implikasi Terhadap Hukum dan Etika Ekonomi Islam Selmi, Selmi; Ilham, Rizky Amaliyah R.; Sakka, Abdul Rahman
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.14393

Abstract

Konsep jual beli dalam hadis melalui pendekatan etimologis dan terminologis guna memperkaya pemahaman tentang prinsip-prinsip ekonomi Islam. Studi ini mengidentifikasi dan menganalisis kata-kata kunci terkait jual beli yang terdapat dalam hadis, serta mengupas makna asli dan konteks penggunaannya dalam bahasa Arab klasik. Pendekatan etimologis berfungsi untuk menelusuri asal-usul kata dan maknanya, sementara pendekatan terminologis mengeksplorasi pemaknaan teknis jual beli dalam konteks ajaran Islam. Hasil penelitian menunjukkan bahwa konsep jual beli dalam hadis tidak hanya berfokus pada aspek transaksi material, tetapi juga mencakup dimensi etika dan spiritual, yang mendasari praktik ekonomi yang adil dan menghindari unsur riba, gharar (ketidakpastian), dan maisir (spekulasi). Kajian ini juga mengungkap bahwa prinsip-prinsip tersebut memiliki relevansi penting dalam penerapan hukum ekonomi Islam kontemporer dan dapat menjadi landasan bagi pengembangan etika bisnis yang berlandaskan pada nilai-nilai keadilan, kejujuran, dan tanggung jawab sosial. Dengan demikian, penelitian ini diharapkan dapat memberikan kontribusi signifikan dalam menguatkan pemahaman hukum dan etika ekonomi Islam yang bersumber dari hadis.
Implementasi Peraturan Menteri Pekerjaan Umum Republik Indonesia Nomor: 03/PRT/M/2013 Pasal 35 Tentang Pemilihan Tempat Pembuangan Akhir Asyfah, Dinda; Dalimunthe, Dermina; Kurniawan, Puji
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13177

Abstract

The problem in this research is the implementation of the Regulation of the Minister of Public Works of the Republic of Indonesia Number 03/PRT/M/2013 Article 35 concerning Selection of Final Disposal Sites in Padangsidimpuan City. The type of research used is field research with a qualitative approach. The primary data source in this research is Padangsidimpuan City Environment and Community Service employees. Meanwhile, secondary data are books and scientific journals that are considered relevant to this research. Data collection techniques use observation, interviews and documentation with qualitative descriptive data analysis techniques. The results of this research show that the implementation carried out by the Environmental Service is first, waste sorting which is carried out manually by scavengers. Second, waste processing still uses the Open Dumping system, namely just throwing away waste without any processing. Third, supervision of final disposal sites, namely creating guard posts and people responsible for controlling piles of rubbish at final disposal sites. Then the supporting factor for the Padangsidimpuan City final disposal site is that long before regulations regarding final disposal sites were formed, the final disposal site in Simatohir village already existed. The surrounding environment at the Padangsidimpuan City landfill is also still surrounded by residents' gardens, where air pollution caused by burning smoke from the landfill can be controlled, as can the lechate from the landfill. Then the inhibiting factors for moving the Padangsidimpuan City landfill from Simatohir village to Batang Bahal require large funds, air pollution, and the absence of socialization from the government.
Efektivitas Hukum Adat Terhadap Pencegahan Pencurian Kelap Sawit Di Tinjau Dari Fiqh Siyasah (Studi Kasus Desa Balimbing Kabupaten Mandailing Natal) Rahmadani, Rahmadani; Siregar, Khoiruddin Manahan; Gunawan, Hendra
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13631

Abstract

The aim of this research, first, is to find out what forms of customary sanctions are imposed on perpetrators of palm oil theft in Balimbing Village, Natal District, Mandailing Natal Regency. Second, the level of effectiveness of Balimbing Village customary sanctions in preventing palm oil theft. Third, a review of Islamic law regarding customary sanctions in Natal District for perpetrators of Palm Oil Theft. The method used in this research is a qualitative descriptive method using field data (field research). Balimbing Village, Natal District, in resolving the dispute was resolved according to custom through a deliberation process. Then the palm oil thief is required to apologize to the entire community of Balimbing Village and return the stolen goods or replace them in the form of money according to what he stole, and also in return for his actions he is charged "tulak matah or tulak cooking" to the entire victim's family at home. The applicable sanctions have been effective for the people of Balimbing Village. Review of Islamic law, customary sanctions do not conflict with Islamic law because in Islamic law the sanction for theft of palm oil is ta'zir, namely the punishment determined by the ruler or judge, where in customary law in Balimbing village the role of judge is the traditional leader.
Konsep Peserta Didik Dalam Al-Qur’an (Analisis Tarbawi Atas Q.S Al-Mujadilah: 11) Adnin, Gina Fauzia; Surahman, Cucu; Sumarna, Elan
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13420

Abstract

Students from an Islamic education perspective are individuals who are growing and developing, both physically, mentally, socially and spiritually in navigating life in this world. Islamic education seeks to instill faith values that not only lead to mastery of knowledge, but also to the formation of noble morals and the practice of religion in everyday life. However, many students are not yet fully able to apply religious values in their lives, especially in facing various challenges in an increasingly complex and digitally connected world. Therefore, students are expected not only to master knowledge academically, but also to be able to practice this knowledge with a strong moral foundation and faith values. This research aims to analyze the content of the holy verses of the Koran related to the application of educational values that can improve students' morals, as well as indicators that must be considered in the learning process according to Islamic teachings. This research uses a literature study method (library research) to examine students' concepts from the perspective of the Al-Qur'an, especially the interpretation of Surah Al-Mujadilah verse 11. The results of this research are expected to provide a comprehensive picture of how students are positioned in Islamic education, as well as providing an in-depth view of their roles and responsibilities in the educational process according to the perspective of the Koran and tarbawi interpretation. This research will also explore ways that can increase the practice of religious values among students, to create a generation that is not only intellectually intelligent, but also superior in character and morality
Perspektif Hukum Pidana Islam Terhadap Tanggung Jawab Pemilik Ternak Harahap, Ain Zahrona; Habibi, Habibi; Harahap, Risalan Basri
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13133

Abstract

The problem in this study is the responsibility of livestock owners for damage caused by their livestock, in (Sobar Village, Padang Bolak Julu District). Basically, everyone who owns and maintains livestock has full rights and obligations towards their livestock, for the damage caused by these livestock. In the case of damage caused by livestock, the owner of the livestock is obliged to provide compensation to the aggrieved party. This is in accordance with the positive law contained in article 1368 of the Civil Code and in Islamic law contained in surah Al-Baqarah verse 205 and the same is the case with the Perdes village of Sobar. The research method used is field research with a qualitative approach. Data sources consist of primary data, namely the Sobar village community and village officials, while secondary data, namely laws and journals related to the problems discussed in this study. Data collection techniques using interviews and documentation with qualitative descriptive data analysis techniques. The results of the study show that the responsibility of the livestock owner to the injured person is obligatory to compensate based on the agreed rules, but if livestock enter/damage the land but there is no responsibility for the livestock owner, then the land owner has the right to the livestock, because it is compensation from livestock that damage the land. However, in terms of compensation, there are obstacles that are often encountered, namely it is not known for sure who owned the livestock that caused the damage, there is no recognition from livestock owners because they are afraid of compensation. What can be done by landowners to be held accountable for losses caused by livestock through village officials so that they are more assertive in implementing applicable regulations, and specifically make identification marks for each livestock. 
Penundaan Pembagian Harta Warisan Di Desa Morang Kecamatan Batang Onang Kabupaten Padang Lawas Utara Dalam Perspektif Hukum Islam Nasution, Nur Halimah; Siregar, Fatahuddin Aziz; Hasibuan, Ahmad Soleh
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13372

Abstract

Based on the background of the problem in this research, the community in Morang Village did not distribute inheritance after their father and mother died for certain reasons and without any deliberation from all the heirs, while postponing the distribution of inheritance could lead to huge conflicts in the future. According to Islamic law, if you want to postpone the distribution of inherited assets, you must have the consent of all the heirs. The formulation of the problem in this research is what are the factors that cause delays in the distribution of inheritance? What is the view of Islamic law regarding postponing the distribution of inherited assets? and what is the impact of postponing the distribution of inheritance? The aim of this research is to find out what factors cause delays in the distribution of inheritance, as well as how Islamic law views delays in the distribution of inheritance and to find out what the consequences of delays in the distribution of inheritance are. The theory in this research is related to the theory of understanding inheritance, the basis of inheritance law based on the Al-qu'an, the basis of inheritance law based on ijtihad, the principles of inheritance in Islamic law, the causes of inheritance, heirs and their respective parts, expert groups inheritance according to lineage, heirs generally determined in the hadith, factors hindering inheritance according to Islamic law, obligations of heirs to heirs. This research is quantitative research, namely research carried out by collecting primary data and secondary data on phenomena seen directly in the Morang Village community. The primary data source for this research is the people of Morang Village, Batang Onang District, conducting interviews and documentation. And the secondary data in this research are books, journals, theses and other supporting sources. Based on the results of this research, the researchers concluded that the delay in the distribution of inheritance was caused by economic and educational factors, customary and customary factors, and the public's lack of understanding regarding delays in the distribution of inheritance. According to Islamic law, the postponement of the distribution of inherited assets must be hastened and the distribution of inherited assets may be carried out for valid reasons and with the consent of all other heirs. The impact of postponing the distribution of inherited assets is the breakdown of relationships, changing the status of inherited property rights to personal property rights, quarrels between families and reduced harmony within the family.
Tinjauan Fiqih Muamalah Terhadap Praktik Pengupahan Karyawan Pada Usaha Tempe Mentari, Melis; Harahap, Zul Anwar Ajim; Hsb, Putra Halomoan
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13134

Abstract

The focus of this research is a review of muamalah jurisprudence on employee wage practices in tempe businesses in Penggalangan Village, Sei Bamban District, Serdang Bedagai Regency, by raising two main issues, namely 1) how to implement wage payments between owners and employees in tempe businesses in Penggalangan Village, Sei Bamban District, Regency. Serdang Bedagai? 2) What is Fiqih Muamalah's review of employee wage practices in the tempe business in Penggalangan Village, Sei Bamban District, Serdang Bedagai Regency? The approach used in this research is a qualitative-descriptive approach, namely collecting data by means of interviews, observation and documentation. This research is qualitative, namely research carried out by collecting primary data and secondary data on phenomena that are occurring directly. The primary data from this research is the business owner and three workers in the tempe business in Penggalangan Village, Sei Bamban District, Serdang Bedagai Regency. And the secondary data in this research are books, journals, government publications, and other supporting sites or sources. The results of the research show that the mechanism used in the tempe business in Penggalangan Village, Sei Bamban District, Serdang Bedagai Regency is carried out by means of a verbal agreement, with the contents of the agreement stating that the salary is given in the form of a monthly salary with working hours starting from 07.00-17.00 WIB with a salary of Rp. 750,000 per month. If there is additional work outside the specified time, the business owner will provide an additional salary of Rp. 10,000 per hour. The workers have fulfilled their agreement, but the business owner has not fulfilled what was stated in the verbal agreement, namely not paying wages outside the agreed working hours. Based on the reality of the implementation of the agreement in the tempe business in Penggalangan Village, Sei Bamban District, Serdang Bedagai Regency, in terms of muamalah fiqh, it is contrary to what was agreed (default). It is mentioned in the hadith narrated by Ibnu Maja Rasulullah Saw, who said, which means "give a worker his wages before his sweat dries", based on the hadith narrated by Ibnu Maja Rasulullah Saw, the tempe business owner did not fulfill his agreement, namely not providing additional wages outside the specified working hours. A Muslim must carry out all transactions in a clear, transparent and fair manner.
Ekonomi Konvensional Dan Islam Dalam Bingkai Revolusi Dan Visi Sosialisme Ilham, Muhammad; Ridwan, Ridwan; Siradjuddin, Siradjuddin
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.14387

Abstract

Sejarah pemikiran ekonomi adalah cabang ilmu yang menggambarkan perkembangan pandangan, prinsip, konsep, dan teori ekonomi secara kronologis serta menjelaskan faktor-faktor penyebabnya. Pemikiran ekonomi terbagi menjadi dua, yaitu ekonomi konvensional dan ekonomi Islam. Ekonomi konvensional didasarkan pada pemikiran manusia yang bersifat dinamis dan tidak abadi, serta berlandaskan filsafat materialisme yang memandang bahwa segala sesuatu berkaitan dengan dunia materi. Sebaliknya, ekonomi Islam berlandaskan ajaran tauhid, hukum negara, serta panduan dari Al-Qur'an dan Sunnah Rasul. Ekonomi Islam melihat segala sesuatu yang ada dan yang terjadi sebagai fenomena dalam dunia yang tunduk pada ketentuan Allah (sunatullah). Sejarah pemikiran ekonomi Islam dapat dibagi menjadi tiga fase: fase dasar-dasar, fase kemajuan, dan fase stagnasi. Fokus utama ekonomi Islam adalah pada pemenuhan kebutuhan, keadilan, efisiensi, pertumbuhan, dan kebebasan, dengan kontribusi tokoh-tokoh seperti Zaid bin Ali, Al-Ghazali, Ibnu Taimiyah, dan Ibnu Khaldun. Dinamika pemikiran ekonomi Islam dapat mempengaruhi kebijakan ekonomi di negara- negara Islam, melalui pengembangan sistem ekonomi Islam, perekonomian Islam, penerapan hukum ekonomi syariah, pengembangan teknologi dan ilmu pengetahuan
Peran Hatobangon dalam Mencegah Perceraian di Desa Paolan Harahap, Nita Novi Yanti; Ahmatnijar, Ahmatnijar
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13179

Abstract

Hatobangon plays an active role in the ongoing process of carrying out marriages, such as deciding various matters regarding customs in marriage and providing various moral advice to the bride and groom and making the event successful so that it runs smoothly until it is finished. Besides that, it turns out that hatobangon also plays a role in solving various household problems that occur in the village of Paolan, especially the problem of divorce. In this study, the focus of research is how the divorce process is and what is the role of hatobangon in preventing divorce in Paolan Village, Halongonan District, North Padang Lawas Regency. This study uses a qualitative approach and the type of research is field research. While the data collection instruments used were interviews and documentation. The type of data used is primary and secondary data. Then do data analysis and drawing conclusions. The conclusion of this study is that the process of solving household problems that often occurs alternatively is played by hatobangon. Hatobangon has a very important role in the process of solving family problems, especially the problem of divorce between husband and wife that occurred in Paolan Village. This role is carried out very well in accordance with its social position in society, this can be seen from the success of the hatobangon in preventing divorce and solving various problems that occur in the household. The researcher stated that the hatobangon has a very important role for the people of Paolan Village, especially in terms of solving divorce problems. The role of hatobangon in Paolan Village is quite effective in solving problems in society, especially related to divorce
Tinjauan Hukum Pidana Islam Terhadap Implementasi Restorative Justice Pada Tindak Pidana Pencurian Buah Kelapa Sawit Hasibuan, Nur Habibah; Hasibuan, Zulfan Efendi; Sainul, Ahmad
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13371

Abstract

This study examines the implementation of restorative justice in the crime of theft of palm fruit in Handio village under Islamic criminal law. This type of research is qualitative or field research and the primary data source is data or information obtained directly through interviews with the people of Handio Village, Village Heads/Village Officials, Traditional Leaders, Religious Leaders, Alim Ulama, Hatobangon, Theft perpetrators and Victims. The secondary data sources are books, journals, and documents that are considered related to this paper, while the collection technique is by means of observation, interviews and documentation then the data analysis technique is descriptive qualitative. The results of this study explain that the implementation of Restorative Justice in the crime of theft is a transfer of the formal legal process to non-formal settlement channels to resolve cases peacefully, deliberation, consensus by presenting the parties concerned. Cases peacefully, because the Village Apparatus considers that formally resolving cases will cause problems such as disputes, hostilities and slow down settlement of cases. In this case, it is still categorized as light theft in positive law and Islamic criminal law, if it has not reached the minimum stolen limit, the sanction is Takzir. Resolving cases peacefully can increase solidarity among human beings for a safe and peaceful life. The sanctions imposed on the perpetrators of the crime of theft applied in Handio Village are in the form of fines and making a letter of agreement, if they repeat it they will be processed legally

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