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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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Hak Politik Penyandang Disabilitas di Angkola Selatan Nasution, Nurul Fitria; Nasution, Muhammad Arsad
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.v2i6.4790

Abstract

Persons with disabilities are any person who experiences physical, intellectual, mental, and/or sensory limitations in the long term who in interacting with the environment can experience obstacles and difficulties to participate fully and effectively with other citizens based on equal rights. This equality of rights includes the right to participate in politics as an example of political rights for persons with disabilities, namely to participate in general elections. Based on Article 13 of Law No. 8 of 2016 states that one of the political rights for persons with disabilities is the right to vote. In the case of elections, the general election commission becomes an institution that is responsible for the course of elections that occur in an area. In the South Angkola sub-district which is part of South Tapanuli, there is a South Tapanuli General Election Commission which is the institution in charge of the general elections in South Angkola sub-district. Based on research, it shows that the South Tapanuli General Election Commission as the organizer of the election in the South Angkola District area has made several efforts to fulfill political rights for people with disabilities in South Angkola District in organizing the general elections for the Regent and Deputy Regent. The efforts made by the General Election Commission of South Tapanuli are in accordance with Law No. 8 of 2016 on Persons with Disabilities by upholding the values of equality and equal opportunity for persons with disabilities to participate in the world of politics. The South Tapanuli General Election Commission in its implementation carried out fulfillment of the political rights of persons with disabilities in the General Election, making efforts such as, conducting special data collection for voters with disabilities, getting socialization about equal political rights for persons with disabilities in General Elections, Obtaining TPS that appropriate, obtaining special ballots and providing assistance for persons with disabilities to facilitate the delivery of political rights.‎
Penanggulangan dan Pencegahan Narkotika Saputra, Riki
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.v3i4.5949

Abstract

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.
Pertimbangan Hakim Terhadap Pelaku Recidive Narkotika (Analisis Putusan Nomor 36/PID.SUS/2021/PN PSP) Lubis, Rini Anggraini
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.v3i6.6667

Abstract

This research was conducted in Padangsidimpuan City, precisely at the Padangsidimpuan City District Court, the problem in this study was the judge's consideration of narcotics recidive perpetrators. This type of research is field research, with a Juridical Empirical approach, there are two sources of data, primary data sources from judges and secondary data sources in the form of books, journals and others. Data collection techniques were carried out through interviews, documentation, then the data obtained from the results of research in the field or literature were analyzed using a qualitative descriptive analysis study. Based on the research, it was found that the aggravating sentence for the defendant in Decision Number 36/Pid.sus/2021/PN Psp, namely because the defendant's actions did not support the Government's program in eradicating narcotics trafficking, then the mitigating factors were that the defendant had already been convicted, the defendant was very sorry and will not repeat his actions. Narcotics crime in decision No. 36/Pid.Sus/PN Psp according to Islamic Criminal Law is threatened with Ta'zir punishment, as well as repetition of criminal acts as stated in Decision No. 36/Pid.Sus/2021/PN Psp without any weighting punishment if someone repeats the same act a second time, but if there is someone who repeats the crime up to 4 (four) times then the sanction is the death penalty. According to the author's analysis, the sentence for the defendant in Decision Number 36/Pid.Sus/2021/PN Psp should be someone who has been convicted according to the criminal procedure law, that is, the punishment is included in an aggravating matter, and according to Islamic criminal law if someone has been punished a second time, the punishment remains the same.
Pendapat Penegak Hukum Terhadap Pemidanaan Penyelenggara Jalan Di Kota Padangsidimpuan ditinjau Menurut Hukum Pidan Islam Harahap, Efnilasari
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.v3i5.6206

Abstract

Road operators are activities that include the regulation, financing, construction and supervision of roads, planning policy formulation activities, drafting, general planning, and drafting road laws and regulations, carried out by the authorities aimed at realizing order and legal certainty in road operators, realizing the role of the community in road operators and realizing the role of road operators and optimally providing services to road operators  community. The formulation of the problem from this study is how the law enforcement opinions of the city of Padangsidimpuan towards the punishment of road operators and how the review of Islamic criminal law on the punishment of road operators. The purpose of this study is to find out the opinion of padangsidimpuan city law enforcement towards the punishment of road operators and to find out the review of Islamic criminal law on the punishment of road operators. The theory used in this study is a theory related to the punishment of road operators and Law No. 22 of 2009 concerning Road Traffic and Transportation. furthermore, the type of research used is field research (field research) using qualitative analysis with deductive methods. The results of the research obtained were that the punishment of belun road operators was carried out in the city of Padangsidimpuan due to public ignorance regarding the existence of Law No. 22 of 2009 concerning Road Traffic and Transportation and the factors that influenced the non-implementation of article 273 of Law No. 22 of 2009 concerning Road Traffic and Transportation was the lack of socialization of the Law to the Community. 
Tinjauan Yuridis Perbuatan Ingkar Janji (Wanprestasi) Oleh Buruh Tani Ditinjau Dari Kompilasi Hukum Ekonomi Syariah Khairani, Elfida; Harahap, Ikhwanuddin; Harahap, Nurhotia
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.v4i2.9581

Abstract

The problem in this research is about the practice of broken promises (defaults) by farm workers in the village of Lumban Dolok. This type of research is field research. The primary data source in this study is by conducting direct interviews with farm workers who own the plantation, the Head of Lumban Dolok Village, traditional leaders. while the secondary data is in the form of fiqh muamalah books, and journals related to this research. Data collection techniques using field studies, namely observation, interviews, and documentation. The data analysis technique used in this study is to use a qualitative descriptive method. The results of the study show that the act of breaking a promise (default) by this farm worker begins with a verbal agreement between the owner of the garden and the farm worker in the agreement, one of the points is not being able to cancel the agreement suddenly and not asking for wages before doing the work. . However, in reality, when he was about to implement the farm labor agreement, he canceled the agreement with the garden owner, and asked for his wages on the grounds that he really needed it. This practice of breaking promises (defaults) by farm workers when viewed from a juridical view of this agreement is considered a unilateral cancellation of the agreement without the consent of the other party, in accordance with Article 1338 paragraph (2) of the Civil Code, it is clear that the agreement cannot be canceled unilaterally, because if the agreement is canceled unilaterally, it means that the agreement is not binding between the people who made it. Meanwhile, if viewed from the compilation of sharia economic law, it is explained in article 36 which explains that breaking a promise occurs if you do not do what has been promised, in this case the farm worker does not carry out the agreement in accordance with the agreement and terminates the agreement suddenly without any clear reason. This also contradicts the compilation of sharia economic law article 21 which states that there is no trustworthiness from farm workers, besides that there is also no attitude of openness and good faith from farm workers to find a replacement to be able to continue the agreement that has been canceled.
Tinjauan Kehalalan Produk Kosmetika dalam Konteks Masailul Fiqhiyah di Era Modern Khasanah, Elisa; As’ad, Ali; Mustajib, Anwar Bahrun
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.v6i1.14414

Abstract

In Islam, the concept of halal and haram is the main foundation that regulates various aspects of life, including the products consumed and used. Halal cosmetics have an important role in the lives of Muslims, especially in maintaining the purity of the body and avoiding the use of materials prohibited in Islam. In this study, researchers used the library research method to examine the review of halal cosmetics in the context of masailul fiqhiyah in the modern era. In the context of cosmetics, a product is said to be halal if it does not contain ingredients that are forbidden according to Islam, such as ingredients derived from blood, pork, or alcohol, and does not cause harm to the user. Cosmetic ingredients such as alcohol, gelatin, synthetic ingredients, and animal-derived products must meet halal criteria in accordance with Islamic law. In addition, the purpose of using cosmetics must also maintain a balance between aesthetic needs and morality in Islam, avoiding vanity and extravagance. The views on halal cosmetics differ among the madhhabs. The Hanafi school is more flexible, allowing synthetic ingredients and non-khamr alcohol if they are not unclean. The Maliki and Hanbali schools are stricter, rejecting unclean ingredients, alcohol, or non-halal slaughtered animals, and prohibiting contamination with haram ingredients. The Shafi'i school emphasizes cleanliness and ensures that all materials and processes are free from haram or unclean elements. The findings show that the halalness of cosmetic products is not only determined by the raw materials used, but also the production process, packaging, and distribution. Halal certification bodies need to improve supervision and consistency in the implementation of halal standards, especially on imported raw materials and internationally marketed products. Muslim consumers are also expected to be more critical in choosing products by checking halal certification and understanding the composition of the ingredients used.
The Hudaibiyah Treaty as a Model for International Treaty Law: Analysis of Siyasah Fiqh and its Relevance for Public Law Palupi, Dwi Astuti; Iffan, Ahmad
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.v6i4.17033

Abstract

This study analyzes the Treaty of Hudaybiyyah (6 AH) as a case study in the conception of international treaty law, framing it within the principles of Fiqh Siyasah (Islamic political jurisprudence). The research aims to identify the public law principles contained within the treaty and examine their relevance as a source for enriching contemporary international law. Using a qualitative-normative research method with a library-based approach. Primary sources consist of hadith collections, sirah literature, and classical works on fiqh al-siyasah; secondary sources include books, journal articles, and contemporary studies. Data collection employs library research, and the analysis applies a qualitative-comparative and normative-historical approach. The findings indicate that the Treaty of Hudaybiyyah not only represents a historical event but also serves as a model of diplomacy that emphasizes dialogue, adherence to agreements, and the protection of human rights (particularly in the context of conflict resolution). This analysis reveals that these principles align with several modern international law tenets, such as pacta sunt servanda and the peaceful settlement of disputes. Therefore, this study argues that a review of the Treaty of Hudaybiyyah through the lens of Fiqh Siyasah can provide a significant theoretical contribution to enrich the discourse on public law, while also affirming the relevance of Islamic intellectual heritage as a source of inspiration for shaping a more just and peaceful global order.
Pengelolaan Pertanian Karet Ditinjau Dari Kompilasi Hukum Ekonomi Syariah Ahmatnijar, Marlina Siregar & Syafri Gunawan &
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.v2i1.3378

Abstract

The formulation of the problem in this study is how the implementation of muzara’ah cooperation in the village of Muara Purba Nauli, sub-district of Angkola Muaratais and how to review the Compilation of syariah Economic Laws on the implementation of muzara’ah cooperation in Muara Purba Nauli village, Angkola Muaratais district.The method used in this research is to use descriptive qualitative methods. The system in this research is carried out by collecting primary data and secondary data. The results of the implementation of cooperation in the management of rubber agricultural land canceled in there is a deviation made by the cultivator or violates the agreed agrement. As happenedin the village of Muara Purba Nauli, Angkola Muaratais subdistrict in the cooperation of Rubben Land Agriculture, such as planting cacao trees in the land, without the knowledge of the land owner and making in their property, resultingin irregularities in the cooperation of this rubber land, plus openness. The tenants do not exist with the land owners. The implementation was in accordance with the contract stated in general, as for the planting of cacao trees by rubben farmers that were not explained during the contract. But if it is based on Islamic rules, or the compilation of Islamic economic law has ended because it has violated the cooperation agreement in accordance with Article 218 paragraph 1.
Efektivitas Perda Minuman Keras Harahap, Ardiansyah; Dalimunthe, Dermina
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.v2i4.4228

Abstract

The background of this research problem is the effectiveness of the implementation of the Regional Regulation Number 7 of 2005. This of course has an impact on the lack of level of public understanding of local regulations regarding the prohibition of the sale and distribution of liquor, it causes more and more people to sell and distribute liquor. The formulation of the problem of this research is how the effectiveness of implementing the regional regulations of the City of Padangsidimpuan Number 7 of 2005 concerning the prohibition of the sale and distribution of liquor in the VII Environment of Batunadua Jae Village, Padangsidimpuan City and the factors that become obstacles in the implementation of the Padangsidimpuan City area Number 7 of 2005 concerning the prohibition of sales and distribution. liquor in the VII Ward of Batunadua Jae Urban Village, Padangsidimpuan City. This type of research used by researchers is field research (field research) which took place in the KelurahanBatunaduajae and the Office of the SATPOL PP Padangsidimpuan City. So to find out the results or the correctness of the problems in this study, researchers used data collection instruments by means of interviews and documentation. Meanwhile, data management is done by identification, category, analysis, and conclusions. The results obtained from this study indicate that the implementation of regional regulation number 7 of 2005 concerning the prohibition of the sale and distribution of liquor has not been effective, because there are still many fields that sell and distribute liquor in the VII Ward of Batunadua Jae Village, Padangsidimpuan City.
Konsep Wanita Shalihah Dalam Tafsir Al-Azhar Resviana, Resviana; Hasiah, Hasiah; Enghariano, Desri Ari
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.v2i6.4782

Abstract

One of the missions of Islam is to glorify women and put them in a respectable position, so that they can reach the status of pious women. Actually, the mission of Islam has been achieved in the time of the prophet Muhammad SAW and how many decades after that still make the Qur’an as a way of the life. However, the reality of life in modern times today shows an alarming fact. Many Muslim women have experienced moral decadence. Many Muslim women today fall into acts that are prohibited by religion, such as courtship, adultery, and others. Sinful acts like this cause them to be far from the category of pious women. Whereas if they were asked to choose to be a pious woman or a pious woman, of course the answer from the bottom of their hearts would be to choose a pious woman. Women are glorified in Islam because of their role and position as child, wife, and mother. Because Islam really maintains the dignity of a woman well. The most high ranking woman is a pious woman who always istiqamah in carryng out all the commands of Allah and staying away from all the prohibitios. The formulation of the problem of this research is how the concept of pious women in the interpretation of Al-Azhar, the aim is to find out the aim is to find out the concept of pious women in the interpretation of Al-Azhar. This type of research is library research, namely research through library research, gathering techniques by searcing for verses about pious women. Based on the interpretation approach, which is done by the workings of the tahlili method. The results of this study are shalihah women can be said to be women who maintain their eyes, are consistent in covering their genitals, women who have strong personalities, women who are obedient and intelligent, and women who maintain their chastity.

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