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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 240 Documents
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Identity Politics in the Frame of Maqāṣid Syarī`ah: Realizing Just and Civilized Pluralism in Indonesia Hasibuan, Indah Malini
Jurnal El-Thawalib Vol 6, No 4 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i4.16759

Abstract

Identity politics is a growing phenomenon in democratic countries, particularly within multicultural societies such as Indonesia. On one hand, identity politics may serve as a medium for minority groups to gain recognition and assert their identity. On the other hand, it may be utilized as a tool to influence the public to gain political support in the name of religion, race, ethnicity, or particular social groups. This paper aims to examine identity politics through the lens of maqāṣid syarī`ah as an effort to realize a just and civilized form of pluralism. Maqāṣid syarī`ah, as a fundamental principle or objective of Islamic law, aligns with the diverse reality of Indonesian society, both religiously and culturally, by emphasizing the protection of religion, life, intellect, lineage, and property. This research employs a qualitative descriptive method, grounded in a literature review, utilizing an approach that involves collecting various written sources. Primary data include Law Number 7 of 2017 concerning General Elections and General Election Commission Regulation Number 13 of 2024 concerning Election Campaigns for Governors, Regents, and Mayors. Secondary data are obtained from books, articles, journals, verses of the Qur’an, and official documents related to identity politics. The data analysis technique involves examining and interpreting the meanings and relationships between ideas within the texts to provide a comprehensive understanding of the phenomenon of identity politics. The research findings indicate that identity politics can have negative consequences when elements such as religion, ethnicity, race, and culture are deliberately used to marginalize other groups in political competition. Such practices risk undermining national values rooted in Pancasila, potentially weakening social solidarity and leading to societal fragmentation. Maqāṣid syarī`ah provides a constructive framework for promoting justice and civility amidst differences, particularly by emphasizing the preservation and protection of religion, life, and intellect. Through this perspective, all identities can be valued, respected, and approached with unity and tolerance.
Tradisi Penentuan Mahar Emas Di Kecamatan Sibolga Selatan Hasiah, Mufida &
Jurnal El-Thawalib Vol 2, No 1 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i1.3383

Abstract

Dowry is a valuable symbol for a woman because it is a must. But there are factors that become the tradition of marriage, gold becomes dowry because there are several things that make it imperative, firstly too high prestige that can cause society to use not only a few people but almost the whole, in order to maintain the dignity of the family and maintain a good name, secondly not respected. by other communities to be talked about by other people. This is a social impact that occurs in the community.This research is in the form of field research (Field Research) which is qualitative descriptive field. This research will describe how the tradition of determining the gold dowry in the custom of marriage in the South Sibolga sub-district. Collecting data needed in this research field using interview and observation techniques. While the data analysis technique is carried out by using several steps, namely data editing, data description and drawing conclusions.From the research carried out, the researcher found that the people in the South Sibolga District saw that the dowry was a symbolic value for the prospective bride, such as increasing the self-esteem of a woman, if the community had a high social level, the dowry would increase. And the factors of determining the gold dowry are social status which is often referred to as prestige. All become benchmarks for a person's point of view.
Harta Bawaan Menurut KHI Dan KUHper Sadi, Azwir Amir
Jurnal El-Thawalib Vol 2, No 4 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i4.4232

Abstract

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.
Tarif Angkutan Umum Pada Masa Pandemi Covid 19 Nasution, Syarifah Aini; Harahap, Zul Anwar Azim; Siregar, Sawaluddin
Jurnal El-Thawalib Vol 2, No 6 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i6.4784

Abstract

This research is motivated by the determination of public transportation fares, hereinafter referred to as city transportation, the application of tariffs during the Covid 19 Pandemic is still carried out by means of deliberation between ORGANDA and car owners, which in the implementation of leasing between car drivers and passengers, there are often inconsistencies with regulations. The main problem in this study is how to apply public transport fares during the Covid 19 Pandemic in Padangsidimpuan City and how to review muamalah fiqh on the application of public transport fares during the Covid 19 pandemic. This study uses a field research method and is sourced from primary and secondary data. Data collection techniques used in this study were observation, interviews and documentation. The results showed that the application of the tariff carried out in the field by the driver was not in accordance with the tariff determination set by ORGANDA and the owner. Very often there is an increase in fares made by drivers to passengers for various reasons, such as the lack of passengers, and the absence of small change. So that not a few people feel uncomfortable with this behavior. According to the muamalah fiqh review of public transportation fares during the Covid 19 Pandemic in Padangsidimpuan City, it can be seen from the terms of ijarah, namely about the pleasure between the tenant and the renter, and there is no element of coercion from either of them. The decisions that have been made are not in accordance with the implementation carried out by the driver.
Pelaksanaan Pendamping Desa Menurut Permendes Hasibuan, Ricky Wahyu
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i4.5943

Abstract

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.
Pemberdayaan Masyarakat Melalui BUMDes di desa Janji Manahan Sil Kecamatan Dolok Kabupaten Padang Lawas Utara. Ritonga, Maulidan Taufik
Jurnal El-Thawalib Vol 3, No 6 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i6.6661

Abstract

This research examines community empowerment through the Village Owned Enterprise program which is being developed in Janji Silangge Village, Dolok District, North Padang Lawas Regency. This type of research is field research with a Juridical Empirical approach. The primary data sources are the Village Head, Village Officials, Community. Secondary data sources are books, data and documents. Data collection techniques used Observation, Interview and Documentation methods. The data analysis technique is qualitative and descriptive. The results of this study explain that the development process in which the people of Janji Manahan Silangge Village, Dolok District, North Padang Lawas Regency took the initiative to start a process of social activities to improve their own situation and condition. on the edge of tourist attractions. Village-owned enterprise programs, namely water tourism, stalls, lubukban, the process of profit sharing from the village-owned enterprise program of 20%, The supporting factors in the development program for village-owned enterprises are appropriate and running well because Janjimanahan village Silangge is between two regencies, namely Labuhan Batu Selatan and Labuhan Batu regencies, before the dam was made into a tourist spot, this dam has been around for a long time and before this tourist spot existed, this dam was often visited by local and foreign people to visit . The inhibiting factors for the BUM Desa program in Janjimanahan Village, Dolok District, North Padang Lawas Regency, where the village community is envious in running this program and human resources are far different from those in urban areas.
Upaya Kantor Urusan Agama Dalam Meminimalisir Pernikahan Dini Siregar, Siti Suriani; Ahmatnijar, Ahmatnijar
Jurnal El-Thawalib Vol 5, No 1 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i1.11026

Abstract

This research examines the implementation of early marriages in North Padangsidimpuan District, Padangsidimpuan City and the efforts of the religious affairs office in minimizing early marriages in the District. The research method used is field research with a qualitative approach. The primary data sources in this research are the Head of the North Padangsidimpuan District Office of Religious Affairs, religious leaders and people who enter into early marriages. While secondary data was collected through several references such as books, laws and journals that were considered relevant to this research. Data collection techniques with interviews and documentation with qualitative descriptive data analysis techniques. Based on the research results obtained, namely to carry out early marriages in North Padangsidimpuan District, there are procedures to be followed so that the marriage is legal in the eyes of religion and in the eyes of the law. Such as submitting a marriage dispensation to the Padang Sidempuan Religious Court, obtaining a marriage license, providing a copy of the dispensation decision to the religious affairs office, notification of the will to marry, examination of the will for marriage, announcement of the will for marriage, and implementation of the marriage contract. Then the KUA's efforts to prevent early marriage in Padang sidempuan Utara District are checking the administrative completeness of the two prospective brides, conducting outreach to the community, youth and parents and socializing law number 16 of 2019. It is proven by the KUA's efforts that the number Underage marriages are decreasing every year. Namely, from 2020 to 2022 there will be 16 underage marriages, with details of 5 underage men and 11 women. Then in 2020 there will be 11 people, in 2021 there will be 4 people and in 2022 there will be 1 person.
Kebijakan Efisiensi Dalam Pengelolaan Anggaran Negara Di Indonesia Tahun 2025 Ditinjau Dari Perspektif Siyasah Maliyyah Mallongi, Andi Agung; Athoriq. R, Muhammad Aqsho Che; Qolby, Annisa Nur Azifah; Agustin, Aswidia; Saputra, Anjas
Jurnal El-Thawalib Vol 6, No 2 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i2.14972

Abstract

The management of the state budget plays a strategic role in realizing public welfare and reflects good governance practices. As an integral part of fiscal policy, the state budget is required to be managed fairly, transparently, and efficiently to meet public needs and support national development. From an Islamic perspective, the concept of state financial management is known as siyasah maliyyah, which refers to government policies in managing public finances to achieve the common good (maslahah). This study aims to analyze efficiency policies in state budget management based on the perspective of siyasah maliyyah, as well as to identify strategic steps that can enhance the effectiveness of public financial management. This research uses a qualitative approach with a library research method that emphasizes content analysis of literature related to the research topic. The data sources consist of primary data in the form of Presidential Instruction (Inpres) Number 1 of 2025 concerning Expenditure Efficiency in the Implementation of the State Budget (APBN) and Regional Budget (APBD) for the Fiscal Year 2025, classical Islamic literature such as fiqh books by prominent scholars, and secondary data in the form of scientific journals, books, policy reports, and official documents relevant to budget management. Data collection techniques were carried out through document review and literature study, while data analysis employed descriptive qualitative analysis to evaluate and interpret data content based on the principles of siyasah maliyyah. The results of the study show that the application of the principles of justice, transparency, and accountability in siyasah maliyyah is a crucial foundation for effective and efficient state budget management. Budget policies should focus on improving equitable budget distribution that is responsive to public needs, strengthening fiscal autonomy, and utilizing technology to enhance transparency and accountability.
Pengupahan Penggilingan Padi dalam Kajian Fiqh Muamalah Ahmatnijar, Baharuddin Soleh Daulay Syafri Gunawan &
Jurnal El-Thawalib Vol 1, No 1 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i1.3123

Abstract

The implementation of wages for rice mills in Hasahat Jae Village has experienced continuous unrest in the community, there is no transparency and detailed explanation regarding the collection of wages. Therefore, the purpose of this study is to find out how the wage implementation of rice mills and how the muamalah fiqh review of the implementation of rice milling wages that occur in Hasahatan Jae Village. This type of research is field research using qualitative descriptive analysis method. The results showed that there are 3 types of rice milling service wages, namely the implementation of rice milling wages paid with rice, the implementation of rice milling wages paid in money and the implementation of rice milling wages using transportation. In practice, the rice wage is only known unilaterally, namely the mill. Money wages are only made by the Toke and people who earn a lot in the transaction are also not fulfilled the principle of justice. The wage for milling rice uses transportation. The wages are taken from the leftover milling bran. The implementation of the wage for rice milling that occurs in Hasahat jae Village is not fully in accordance with the Muamalah Fiqh study.
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. 

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