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.
Articles
246 Documents
<![CDATA[The Implementation of Constitutional Court of Indonesia ]]>
<![CDATA[Pandapotan, Jannes]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 4 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i4.4233
<![CDATA[This study discusses The Implementation of Constitutional Court of Indonesia Decision No. 128/PUU XIII/2015 on the Elimination of Domicile Requirements for Village Apparatus Candidates in Pasar Batahan Village Batahan Sub-district Mandailing Natal District. This research was motivated by a decision of the Constitutional Court that removed the requirement of domicile for village apparatus candidates so village apparatus candidates could register anywhere without any regional restrictions. This type of research is field research with qualitative descriptive analysis methods. This method of data collection is by interview and documentation in accordance with the provisions in the constitutional court of Indonesia decision No. 128/PUU-XIII/2015 on the elimination of domicile requirements for village apparatus candidates in Pasar Batahan Village Batahan Sub-district Mandailing Natal District. The parties studied were the Head of Batahan Sub-district, Head of Pasar Batahan Village, Secretary of Pasar Batahan Village, Head of BPD of Pasar Batahan Village, Indigenous People of Pasar Batahan Village (Niniak Mamak) and Community Around Pasar Batahan Village as the voter of the place of implementation of the constitutional court decision related to the elimination of domicile requirements for village apparatus candidates. The results of the study mentioned that the implementation of constitutional court of Indonesia decision No. 128/PUU-XIII/2015 on the elimination of domicile requirements for village apparatus candidates in Pasar Batahan Village Batahan Sub-district Mandailing Natal District has been implemented this can be seen from the form of implementation that has been applied by the Village Head and Sub-District Head, namely by conducting socialization, networking, screening and appointment of village apparatus candidates conducted by the Village Head along with Sub-district Head. Then according to the view of Islamic Law has also been appropriate and there is no problem.]]>
<![CDATA[Pemberian Marga dalam Perkawinan adat Mandailing ]]>
<![CDATA[Sugiarto, Ucok]]>
<![CDATA[ Jurnal El-Thawalib Vol 3, No 2 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v3i2.5298
<![CDATA[This research is motivated by the practice of giving clans in Mandailing traditional marriages in Kotasiantar village before carrying out traditional marriage ceremonies in order to carry out traditional marriages. The formulation of the research problem is how is the process of giving clans in Mandailing traditional marriages, what are the factors and functions of clans in Mandailing traditional marriages and the last is what is the view of Islamic law on giving clans in Mandailing traditional marriages.The clan is born when a family forms a group or forms a village. With the birth of this clan, each of its descendants will continue to use the same clan. In other words, the father's clan will be passed down to his son (Patrilineal). In the Mandailing custom, the clan can be given to someone who is not from the Mandailing tribe for reasons of devotion, respect and marriage.This research is a field or qualitative research, namely research conducted with an approach that is oriented towards observed phenomena and processed using scientific logic. This type of research uses descriptive qualitative, the data source in this study uses primary and secondary data.From the results of this study, it can be concluded that the process of giving the clan in Mandailing traditional marriages is very necessary to carry out traditional marriages. The factor and function of giving a clan in a traditional Mandailing marriage is that the factor can give the clan given to him to his descendants, and its function is to get the title of harajaon. Then the view of Islamic law on the process of giving the clan may be because it does not conflict with Islamic law.]]>
<![CDATA[Pengangkatan Perangkat Desa Dalam Hukum Islam ]]>
<![CDATA[Harianto, Bambang]]>;
<![CDATA[Siregar, Fatahuddin Aziz]]>;
<![CDATA[Harahap, Ikhwanuddin]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 6 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i6.4785
<![CDATA[The purpose of this research is to know implementation of Law Number 6 of 2014 concerning the appointment of village officials in Gapuk Tua Village, Marancar District, South Tapanuli Regency in 2016, and a review of Islamic law on the implementation of Law Number 6 of 2014 concerning the appointment of village officials in Gapuk Tua Village. Marancar District, South Tapanuli Regency. The method used is a descriptive qualitative research method. The technique of collecting data in this research is through interviews, and observations. The results of this study concluded that the appointment of the Gapuk Tua Village Apparatus, Marancar District, South Tapanuli Regency as the implementation of Law Number 6 of 2014 concerning the appointment of village officials has not been fully implemented due to the lack of Village Apparatus requirements contained in the Act. The appointment of village officials through a process of direct appointment by the Village Head without an election process and deliberation with the residents and village officials. This is because there is an element of kinship between the village head and village officials. The review of Islamic law on the appointment of the Gapuk Tua village apparatus, Marancar District, South Tapanuli Regency has not fully implemented Islamic law, namely a leader must be fair and trustworthy.]]>
<![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[Pelaksanaan Pemungutan Pajak Hotel di Padangsidimpuan Perspektif Fiqh Siayasah ]]>
<![CDATA[Batubara, Rahmat]]>
<![CDATA[ Jurnal El-Thawalib Vol 3, No 6 (2022) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v3i6.6662
<![CDATA[This study examines the implementation of hotel taxes based on Law Number 04 of 2013 Article 8 concerning the Use of Local Taxes in Padansidimpuan. Taxes are people's contributions to the government and the money is used to build public facilities and help others. This type of research is in the form of field research or field research with a qualitative approach. Primary data sources come from employees of the Revenue Service and employees of the Padangsidimpuan City Hotel, while secondary data comes from related journal articles and books. Data collection techniques with interviews and documentation while data analysis techniques using descriptive qualitative. The results of this study are the implementation of regional regulations of the city of Padangsidimpuan no. 04 of 2013 article 08 regarding regional taxes in the city of Padangsidimpuan are as follows; The implementation of Hotel Tax Collection Based on Regional Regulation of Padangsidimpuan City No. 04 of 2013 Article 08 concerning Padangsidimpuan Regional Tax has not run optimally. This can be seen from the 6 hotels that were the subject of this study. There are two hotels that are late in making tax payments. Then, several obstacles to implementing hotel tax collection in Padangsidimpuan City, namely the lack of awareness of taxpayers about their responsibilities in paying taxes, sanctions that are not working properly. In addition, revenue service officers also do not socialize to taxpayers. A tax payment system that is too complicated makes it difficult for taxpayers to manage files related to taxpayer deposits. Third, regarding the review of siyasa fiqh, the scholars also recommend that tax collection in Indonesia must pay attention to rules such as Islamic law. Indonesia has not yet based its state ideology on Islamic law. Thus, it is necessary to have a thorough study to provide an explanation regarding the payment of taxes for Muslim communities in terms of siyasa fiqh.]]>
<![CDATA[Mempekerjakan Anak Di Bawah Umur Ditinjau Dari Undang-Undang No 13 Tahun 2003 Tentang Ketenagakerjaan ]]>
<![CDATA[Al-Anami, Umi Ajizah]]>;
<![CDATA[Harahap, Nurhotia]]>
<![CDATA[ Jurnal El-Thawalib Vol 5, No 1 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v5i1.11035
<![CDATA[This research examines how the implementation of child employment and the views of Labor Law Law No. 13 of 2003. The research used is field research with a qualitative approach. Primary data sources in this study were child labourers, Tangkahan company owners, and community leaders, while secondary data in this study were from books, scientific journals and through references available in various places considered relevant to this research. Data collection techniques with observation, interviews and documentation, with qualitative descriptive data analysis technique. The results in this study indicate that the implementation of child labor in Tangkahan, Aek Manis Village, Sibolga Selatan District, is doing the work of lifting buckets filled with fish and separating fish from one place to another, the work carried out by these children is not in accordance with the rules for child and not in accordance with the view of labor law Law No. 13 of 2003 Article 69 Paragraph 1 which reads "The provisions referred to in Article 68 can be exempted for children aged between 13 years to 15 years to do light work as long as it does not interfere with physical development and health , mental and social”. Then the factors that cause children to work are poverty and compulsion to encourage parents.]]>
<![CDATA[Maqashid Syariah dalam Pengasuhan Anak di Indonesia Telaah Hadis Nabi dan Implikasinya dalam Hukum Keluarga Islam ]]>
<![CDATA[Abror, Mhd.]]>;
<![CDATA[Akbarizan, Akbarizan]]>;
<![CDATA[Munir, Akmal Abdul]]>
<![CDATA[ Jurnal El-Thawalib Vol 6, No 2 (2025) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v6i2.15108
<![CDATA[Maqashid Sharia plays a crucial role in shaping parenting patterns that align with Islamic values. The hadiths of Prophet Muhammad (peace be upon him), as a primary source of Islamic teachings, provide normative guidance for parents in protecting and educating their children and families. The urgency of this research lies in the pressing need to integrate the principles of Maqashid Sharia into parenting practices amid the challenges of modernity and social change, while simultaneously strengthening the foundation of Islamic family law in Indonesia to remain relevant to Sharia values. This study aims to examine the hadiths of Prophet Muhammad (peace be upon him), particularly those related to child education and parenting from the perspective of Maqashid Sharia, and to analyze their implications for Islamic law in Indonesia. The research adopts a qualitative approach using thematic analysis of relevant hadiths. The primary sources include Law No. 1 of 1974 and its amendment, Law No. 16 of 2019, as well as the Compilation of Islamic Law (KHI) and the Hadiths of Prophet Muhammad (peace be upon him). Data were collected through documentation and literature study techniques. The findings indicate that parenting practices based on Maqashid Sharia contribute positively to fostering an Islamic, happy, and harmonious family environment. Furthermore, the study highlights the importance of integrating Maqashid Sharia principles into family law policies and emphasizes the need to enhance parental education to ensure the implementation of parenting practices in accordance with Islamic teachings.]]>
<![CDATA[Kajian Etimologi dan Terminologi Jual Beli dalam Hadis: Implikasi Terhadap Hukum dan Etika Ekonomi Islam ]]>
<![CDATA[Selmi, Selmi]]>;
<![CDATA[Ilham, Rizky Amaliyah R.]]>;
<![CDATA[Sakka, Abdul Rahman]]>
<![CDATA[ Jurnal El-Thawalib Vol 5, No 2 (2024) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v5i2.14393
<![CDATA[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.]]>
<![CDATA[Mencegah Kekerasan Seksual Pada Anak: Studi Implementasi Kebijakan Perlindungan Anak di Lampung Tengah Perspektif Siyasah Tanfidziyah ]]>
<![CDATA[Resa, Andi]]>;
<![CDATA[Frenki, Frenki]]>;
<![CDATA[Alghifari, Abuzar]]>
<![CDATA[ Jurnal El-Thawalib Vol 6, No 3 (2025) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v6i3.15588
<![CDATA[Child protection is a crucial step in efforts to realize child welfare. The government needs to show greater seriousness in implementing child protection policies, especially related to cases of sexual violence against children. This study aims to determine the extent to which the Central Lampung Regency Government exercises its authority in implementing child protection policies related to Siyasah Tanfidziyah. The type of research is field research conducted at the Women's Empowerment and Child Protection Service of Central Lampung Regency, with a qualitative approach. Primary data are collected through interviews with the Women's Empowerment and Child Protection Service of Central Lampung, as well as with victims and their parents. Secondary data are sourced from books, journals, and other relevant documents. The author's data collection technique uses interview and documentation methods. Furthermore, the data is analyzed using descriptive techniques. Based on the results of the study, the government has taken various steps to prevent violence against children, including through education and socialization to the community about the dangers of sexual violence. However, the implementation of these efforts still faces several obstacles, such as budget limitations that hinder the program's reach to all regions, especially considering the large geographical conditions of Central Lampung Regency. In addition, the low level of public awareness of the importance of child protection, especially from sexual violence, is also a challenge in itself.]]>
<![CDATA[Penetapan Jumlah Mahar Pada Masa Pandemi Covid-19 ]]>
<![CDATA[Sahron, Muhammad]]>
<![CDATA[ Jurnal El-Thawalib Vol 2, No 1 (2021) ]]>
Publisher : <![CDATA[UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan ]]>
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DOI: 10.24952/el-thawalib.v2i1.3336
<![CDATA[ The fundamental problem in this research is the determination of the amount of dowry during the Covid-19. This problem is motivated by the tendency of the prospective bride to determine the dowry as usual in society without seeing the impact of Covid-19 which affects the amount of the dowry itself, while the prospective groom wants the amount of dowry set to go down and consider the impact of Covid-19. which affects work and income. In this problem the researcher wants to see how the implementation of the determination of the dowry amount in the Covid-19 pandemic and what are the factors that cause changes to the dowry determination.The research methodology used is qualitative field research, namely research conducted by collecting primary and secondary data on the phenomenon that is happening directly. And this research which becomes the primary data is data obtained directly from the research subject, the primary data of the researcher is the people of, who are married., the secondary legal material for researchers is a dictionary of book translations. The tertiary legal materials are in the form of a legal dictionary, KBBI, and encyclopedia. Furthermore, the data collection techniques were carried out by interview, observation, and document study., the determination of the amount of dowry during the pandemic is still the same as before the pandemic period, the difference is that the amount has decreased. Second, factors that influence the amount of dowry 1) social status 2) Education 3) economy 4) Occupation. Third, Islam implies that the determination of the amount of dowry during the Covid-19 pandemic is not excessive. Because it will have a negative impact on the couple, and even result in the cancellation of the marriage.]]>
