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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 256 Documents
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Praktik Jual Beli Baju Bekas Di Kota Tanjung Balai Siregar, Elpida Sari
Jurnal El-Thawalib Vol 3, No 3 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i3.5650

Abstract

Buying and selling (Al-Bai') is a sale and purchase between objects and objects, or the exchange of objects for money, in this case the exchange of objects for money in other words the occurrence of a sale and purchase agreement that transfers the property rights of an object being traded, in this case it can be in the form of the benefits of clothing, food and housing including the needs of daily life. The problem in this research is how the practice of buying and selling used clothes in the city of Tanjung Balai in terms of the Sharia Economic Law Compilation. This research is field research or commonly called empirical normative research. Empirical normative or non-doctrinal research is research based on actual human behavior or actions and interactions. There are two sources of data, namely primary and secondary, while the data collection instruments are interviews, observation and documentation. This study found that the practice of buying and selling used clothes in the city of Tanjung Balai is something that is usually done by traders and consumers, the problem is the condition of objects being traded by traders where the object cannot be seen directly by buyers who want to resell. Because in the Compilation of Sharia Economic Law Article 76 explains the terms of the object being traded "Goods being traded must be known by the buyer" "The specifics of the goods being traded must be known". This explanation can be concluded that the terms of the object being traded have been regulated in the Compilation of Sharia Economic Law, and when buying and selling cannot be seen, the goods being sold are still in doubt, because of the element of gharar, namely the lack of clarity of the item.
Praktik Jual Beli Ayam Siregar, Vepri Anti; Harahap, Nurhotia
Jurnal El-Thawalib Vol 3, No 1 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i1.5091

Abstract

Muamalah is carried out on the basis of considerations of bringing benefits and avoiding harm in people's lives. Muamalah is carried out by maintaining the value of justice, avoiding elements of persecution, avoiding elements of taking opportunities in narrowness. In buying and selling honesty and truth are the most important values. Islam forbids fraud in all human activities, including in business activities and buying and selling. buying and selling carried out by the Simardona village community, Batang Onang District, North Padang Lawas Regency where the seller, as it is often seen, is that in the markets the seller of chicken pieces uses a sitting scale so that every sale of chicken pieces is easily weighed and so that it is clearly seen by the buyer the weighing process. Chicken sellers in Simardona Village, Batang Onang District, North Padang Lawas Regency, sell live chickens, not slaughtered. Chicken sellers only catch live chickens and then state the price to the buyer and in fact the chicken sellers in Simardona Village, Batang Onang District, North Padang Lawas Regency when selling chickens, the chickens are not weighed first, even the chicken sellers do not know how much the chicken will be selling. On the one hand, the seller sees that the chickens that he is about to sell already look big in size and in fact it often happens that the body size of the chicken which is covered with chicken feathers does not match the chicken that has been cleaned or slaughtered.
Dampak Game Online Terhadap Keharmonisan Rumah Tangga Hasibuan, Selli Mariyana; Sirait, Adi Syahputra
Jurnal El-Thawalib Vol 3, No 5 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i5.6209

Abstract

Family harmony is a condition where family members are full of calm, tranquility, love, mutual understanding, dialogue and good cooperation between family members. Family harmony can be seen with the responsibility in fostering a family based on mutual respect, mutual acceptance, respect, mutual trust and love for each other. A harmonious family is a family that can lead a person to live a happier, more worthy and more peaceful life. Family harmony is characterized by unified relationships, open communication and warmth among family members. A harmonious family is a condition where all members carry out their respective rights and obligations, there is love, mutual understanding, good communication and cooperation between family members. A harmonious family is a happy and positive place to live, because family members have learned several ways to treat each other well. Family members can support each other, give love and have an attitude of loyalty, communicate openly between family members, respect each other and enjoy togetherness. However in today’s era, and the development of technology such as cellphones and so on, where this cellphones is one of the causes of the destruction of domestic life that has been built for years, and many families who used to be harmonious families have become destroyed by one of the games on the cellphone, namely online games, which is where the online game became one of the triggers for the destruction of the family. Because these online games have been played by many people, not even fathers and mothers, there are also many who play online games so that they forget their responsibilities and obligations as the head of the household and so on. So that online games have a very bad effect on household harmony
Persepsi Mahasiswa Bercadar IAIN Padangsidimpuan terhadap Proses Pemilihan Presiden Tahun 2019 Marpaung, Lidya Nurjannah; Siregar, Khoiruddin Manahan
Jurnal El-Thawalib Vol 4, No 2 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i2.9599

Abstract

This study discusses the Political Participation of Veiled Students of the Padangsidimpuan State Islamic Institute in the 2019 Presidential Election in the City of Padangsidimpuan. The type of research is field research (field research) with a field approach. The date source consisted of primary, nmaelyveiled studets at IAIN Padangsidimpuan and secondary books, journal article, documentation, relevant to this  study.  Date collection techniques  are obsevation, interviws, and analysis techniques are descriptive analysis.. This secondary data consists of literature which is reading material, the work of experts from their respective fields whose function is to explain primary legal materials. After obtaining complete data, it is then analyzed to get more relevant results. The results of the study stated that the Political Participation of Veiled Padangsidimpuan State Islamic Institute Students in the 2019 Presidential Election in Padangsidimpuan City was still very minimal as can be seen from the level of participation of Padangsidimpuan State Islamic Institute students who wore veils in the presidential election in Padangsidimpuan city where there were 32% who voted. and did not vote 68%. The results of the study show that the factors that affect the low level of political participation of female students are first, educational background, second, environment, and third, the many political actors who deviate. The consequences are first, the bad democratic system and second, the decline in the level of public trust in the government.
Reformasi Hukum Waris: Memadukan Aspek Adat dan Agama demi Mewujudkan Keadilan dalam Pembagian Warisan Riyanda, Arief Rahman
Jurnal El-Thawalib Vol 6, No 1 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i1.10567

Abstract

ABSTRACTThis article discusses the need for inheritance law reform that integrates customary and religious aspects to achieve justice in the distribution of inheritance. In a heterogeneous society with cultural diversity and religious beliefs, it is important to accommodate strong customary values and high-principled religious principles in the inheritance legal process. Inheritance law reform that combines customary and religious aspects can create equality in inheritance distribution while respecting traditions and beliefs embedded in the community. The article explains that through the introduction of inclusive legal regulations and dispute resolution mechanisms based on customary and religious principles, justice can be achieved. In this context, the article also emphasizes the importance of cooperation among legal institutions, legal experts, customary leaders, and religious figures in formulating fair legal policies. Thus, the article highlights that inheritance law reform that integrates customary and religious aspects is not only important for achieving justice in inheritance distribution but also strengthens cultural diversity and tolerance in society.
Affirming Multicultural Values in Contemporary Islamic Constitutional Law: A Study on the Principles of the Medina Charter Nurhikma, Nurhikma; Rain, Titik Jauhar Firdha; Kurniati, Kurniati
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.v6i4.15100

Abstract

The Medina Charter represents not only a historical foundation of early Islamic politics but also a relevant paradigm for addressing the challenges of multiculturalism in modern constitutional systems. This study examines the extent to which the principles embodied in the Charter, such as equality of citizens (al-musawah), justice (al-‘adalah), freedom of religion, minority protection, social solidarity, and consultation (shura), can serve as constitutional values to promote inclusive, democratic, and just governance in contemporary contexts. Employing a qualitative-descriptive approach with a normative-juridical analysis, this research examines classical Islamic political texts in conjunction with modern constitutional theories. The findings suggest that, if interpreted contextually and supported by institutional strengthening and constitutional reform, the Medina Charter can provide a constructive framework for establishing a pluralistic and democratic state. Furthermore, the integration of Islamic-based multicultural education is identified as a strategic means to foster collective awareness of peaceful coexistence in diverse societies. This study highlights that the Charter should not remain a static historical document, but instead be viewed as a living constitutional reference capable of inspiring the development of Islamic constitutional practices that promote justice, democracy, and harmony. The novelty of this research lies in its effort to connect early Islamic constitutional values with contemporary challenges of multicultural governance, offering new insights for the actualization of the Medina Charter in modern state systems.
Analisis Putusan Hakim Terhadap Kasus No. 32/PDT.G/2019/PA.PANDAN Tentang Pemaksaan Hubungan Seksual Terhadap Isteri Yang Sedang Haid Ikhwanuddin Harahap, Adelina Widiya Arnaz & Fatahuddin Aziz Siregar &
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.v1i1.3044

Abstract

Law Number 1 of 1974 concerning Marriage in number 4 letter e with the editorial stating that in principle the Marriage Law adheres to the principle of complicating divorce which allows divorce to occur only if it is carried out before the Court and based on certain reasons (limitative reasons). Thus, all investigative activities in the Court or other activities in the Court relating to the settlement of divorce cases are one of the things that represent the principle of complicating the divorce. In this case, a wife is suing for her husband for divorce because the husband often asks to be served by his wife when her wife is menstruating, a husband constantly forces his will on his wife because his wife does not fulfill her husband's request, so a husband forces his wife to do it. sexual intercourse was forced and resulted in violence perpetrated by her husband. Therefore, this research will conduct a study on How the Judges of the Pandan Religious Court in deciding Case No. 32 / Pdt.G / 2019 / PA.Pandan
Efektivitas Pelaksanaan Undang-Undang No 32 Tahun 2009 Tentang Perlindungan Dan Pengelolan Lingkungan Hidup Terhadap Tambang Emas Ilegal Dermina Dalimunthe, Linda Sari &
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.v2i2.3486

Abstract

The amount of pollution produced by the community is increasing as a result of technological advancements. The government passed Law No. 32 of 2009 on Environmental Conservation and Management. The regulations govern the disposal of B3 waste, which contains substances, energy, or other components that, directly or indirectly, pollute the environment and endanger human health. The survival of living things as a result of illegal gold mining in Hutabargot Nauli Village. There are still many violators, despite the fact that enforcement has not been effective. This is evidenced by the increasing number of offenders each year. The research question is, "How effective is the implementation of Law No. 32 of 2009 concerning environmental protection and management?" What factors contribute to the ineffectiveness of Law No. 32/2009 on environmental protection and management?. Data collection is done through interviews and documentation. The study's findings show that the enforcement of Law No. 32/2009 on Environmental Protection and Local Government Management, aided by the police and the TNI, has been carried out through raids. Uneven socialization, a lack of public awareness, economic factors, a lack of government supervision, the difficulty of obtaining an IUP, and law enforcement factors are among the issues encountered.
Pemerkosaan Pada Anak Harahap, Syaiful Akhyar; Nasution, Muhammad Arsad; Sirait, Adi Syahputra
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.v2i4.4238

Abstract

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.
Makar/Bughat Ditinjau Dari Fiqh Siyasah Noviansyah, Noviansyah; Siregar, Dame
Jurnal El-Thawalib Vol 3, No 2 (2022)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v3i2.5328

Abstract

Treason is a criminal act related to domestic state security issues. Master of criminal acts that may danger the interest of the community and the state. Our expert may disturb the national stability. In history Indonesia has been some times expected by the citizens of its citizens. Expert action is conducted concerning the ideology of the nation, so that make a assessment to the ruled head of the state. Criminals that enter into the category of treason that threaten state security and the safety of the republic of indonesia are contained in chapter i book ii of the criminal code form of article 104, which is examinations attracting the president's security, while in islamic criminal law of reviews including the huddudjuly in conditions and conditions qur'ansurat al-hujurat verse 9.Is there a solution to the problem in this research, what is the punishment of the makers of the makar against kuhp article 104? And how does fiqhsiyasah review against attractors in kuhp article 104?.This research is a descriptive analitical and normative descriptive qualitative research, because the source of data cannot be separated with library data, between other substitutes, journals, subject examinations, subject examinations, subject examinations, subject examinations.In this research finding the results that expert sanctions in islamic law are conflict and a death penalty (jarimah huddud), and sanctions for expert persons according to positive law is a criminal prison. However this is a criminal expert expert can already be criminal if have meeted three elements, that is the beginning of intention, the beginning of the implementation and the implementation is not completed because of his own will, and is understanded. However, in the provision of sanctions to bughat or expert must be careful and previously there must be a musyawarah process.

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