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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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Penyelenggaraan Pariwisata Syariah di Hotel Natama Ahmatnijar, Indri Lestari Pasaribu & Syafri Gunawan &
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.v2i2.3450

Abstract

The results showed that the implementation of sharia principles at Natama Syariah Hotel is operationally in accordance with the DSN-MUI Fatwa Number: 108 / DSN-MUI / X / 2016 concerning the Implementation of Tourism Based on Sharia Principles.  However, administratively it is not in accordance with the DSN-MUIN Fatwa Number: 108 / DSN-MUI / X / 2016 concerning the Implementation of Tourism Based on Sharia Principles.  Because in practice Hotel Natama has not made the security of wifi facilities so that it can still access pornographic things and Hotel Natama has not received a halal certificate from the MUI.  However, Hotel Natama has provided halal food and beverage ingredients even though it has not received a halal certificate.  The inhibiting factors are the monitoring and evaluation factors by the DSN-MUI that are not yet optimal, the socialization factor about sharia hotels that is not optimal, the trust factor, where the hotel fully trusts guests to comply with all regulations at the hotel.  Based on the description above, the thing that must be done immediately is to make wifi security and continue processing the halal certificate from the Indonesian Ulema Council, to guarantee halal food and drinks provided by hotels labeled as Sharia.
Akad Kerjasama Dalam Pengelolaan Kebun Sawit Absah, Siti; Gunawan, Syafri; Harahap, Risalan Basri
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.v2i4.4236

Abstract

This research is motivated by the existence of cooperation in the management of oil palm plantations carried out by oil palm farmers in Rambah Hilir District, Rokan Hulu Regency, namely in the form of garden owners giving their planted gardens to plantation workers to be cared for on the basis of trust without direct supervision with money giving fertilizer money in cash. according to the agreement. The main problem in this study is how the cooperation agreement in the management of oil palm plantations in Pasir Utama Village, Rambah Hilir District, Rokan Hulu Regency is reviewed and how is the review of the Sharia Economic Law Compilation regarding the cooperation agreement in the management of oil palm plantations in Pasir Utama Village, Rambah Hilir District, Rokan Hulu Regency. This study uses the field research method (field research) and sourced primary and secondary data. Data collection techniques used in this study were observation, interviews and documentation. The results showed that the cooperation agreement in the management of oil palm plantations was insecure and did not show an element of honesty where the manager did not buy fertilizer money and did not harvest oil palm fruit not only taking the ripe fruit but also taking the unripe oil palm fruit so that the owner of the oil palm feel aggrieved by the manager. Cooperation agreements in the management of oil palm plantations in the community sometimes do not heed the applicable sharia law, so that they can harm one another. This happens because of ignorance of the community in the cooperation agreement.
Perda Mandailing Natal Pasal 7 No.4 Tahun 2010 Marcelliani, Marcelliani
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.v3i2.5301

Abstract

Many traders who sell in the old Panyabungan market resulted in some of the traders selling their wares on the sidewalk. Meanwhile, this act will disturb the comfort of every sidewalk user. The problem formulation of the author is how to implement article 7 of the Mandailing Natal district regulation no. 4 of 2010 concerning business order in the old Panyabungan market and how to review fiqhsiyasah on the implementation of Article 7 of the Mandailing Natal Regency Regional Regulation No. 4 of 2010 concerning orderly business in the old Panyabungan market. While the purpose of the study was to determine the implementation of Article 7 of the Mandailing Natal District Regulation No. 4 of 2010 concerning orderly business in the old market of Panyabungan, Mandailing Natal district, and to find out the fiqhsiyasah review of business order in the old market of Panyabungan, Mandailing Natal district. The type of research used in this research is field research, namely the author will go directly to the field to examine a problem, the data used are primary and secondary data, the method of collecting data is the direct interview method. The results of this study are orderly business in the old market Panyabungan, Mandailing Natal district, namely street vendors are prohibited from trading on the sidewalk, because their activities are very disturbing to pedestrians, and the implementation is carried out by the PP Satpol by giving warnings or conducting raids. against street vendors not to sell on the sidewalk.
Analisi Yuridis Akad Perjanjian Jual Beli Perumahan Pane, Abdul Hadi; Ahmatnijar, Ahmatnijar
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.v2i6.4788

Abstract

Population growth that is increasingly dense, especially in Indonesia, causes a large community need for a decent settlement. Because housing is a necessity that is very necessary for humans. This is what makes business actors take advantage of housing sales and purchase agreements that are detrimental to consumers whose economy is low and are pressed for housing needs that are livable. So it is feared that it can harm one of the parties who should run in harmony considering that the relationship between the two is a symbiotic mutualism. The problem in this research is the practice of the sale and purchase agreement of cash housing and credit PT. Nato Jaya Group Purwodadi Village, Padangsidimpuan District Batunadua and juridical analysis of the sale and purchase agreement that has been promised by PT. Nato Jaya Group, Purwodadi Village, Padangsidimpuan District, Batunadua.This type of research is field research, where researchers go directly to the field to examine a problem. Sources of data used are primary data and secondary data. Methods of data collection using direct observation, interviews, and documentation.The results of this study and the discussion explain the rights and obligations of the parties in the house sale and purchase agreement are reciprocal. This means that the obligation of the developer (PT. Nato Jaya Group) is the right of the home buyer/consumer. Likewise, the consumer's obligations become the rights of the developer. The developer's obligations include submitting ownership rights to the houses being traded. The obligation to surrender ownership rights includes all actions that are legally required to transfer ownership rights to the house being traded from the seller to the buyer. while the obligation of the buyer/consumer of the house unit is to pay the purchase price at the time and place as determined according to the agreement.
Sanction For Liquor Providers From The Perspective Of Islamic Criminal Lw Isliani, Yenni
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.v3i4.5947

Abstract

Sanctions are penalties given to a person who violates laws or rules aimed at providing a deterrent effect and reducing criminal acts. The formulation of the problem from this study is how are the sanctions for liquor providers according to Perda No.07 of 2015 in Padang Lawas Regency? and what is the review of Islamic criminal law against the sanctions of liquor providers according to Perda No.07 of 2015?. The purpose of this researcher is to find out the sanctions for liquor providers in the Padang Lawas bylaws and on Islamic criminal law. The theory used in this study is a theory related to the legal sanctions of liquor providers in Islamic criminal law and the legal sanctions of liquor providers in the Padang Lawas Regional Regulation. Furthermore, the type of research used is library research, using a normative juridical approach.The results of the research obtained are that the sanctions given against liquor providers in Article 22 paragraph 1 of Padang Lawas Regional Regulation No.07 of 2015 are a three-month penalty or a fine of Rp.50,000,000 (fifty million rupiah). In Islamic crimes, the sanction has been imposed with the punishment of hadd, namely dera (whipping) as much as 80 (eighty) times, forty times dera (whipping) is a decree of Allah Swt and forty times more is a punishment of ulil amri. The sanctions in Article 22 paragraph 1 of the Padang Lawas Regional Regulation are very light compared to the sanctions given in Islamic criminal law.
Penerapan Teori Diversi Terhadap Kasus Anak Ditinjau Dari Hukum Pidana Islam Siregar, Rosmida Wati; Lubis, Ihsan Helmi
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.v3i6.6665

Abstract

The problem in this study is the application of diversion at the Padangsidimpuan Police Station in terms of Islamic Criminal Law. The type of research used in this research is field research, using a Juridical Empirical approach, primary data sources are Padangsidimpuan City Police investigators and secondary data sources are books, journals and others. Data collection techniques used consisted of interviews, observation, and documentation. Qualitative descriptive data analysis techniques. The results of this study are the application of diversion efforts at the Padangsidimpuan City Police has not been fully implemented in accordance with Law Number 11 of 2012 concerning the Juvenile Criminal Justice System by taking into account the best interests of children (victims and suspects), the parties invited for diversion include: victims and family, suspect and family, BAPAS, Bapemas, institutions or social organizations accompanying children. Islamic Criminal Law Review In Islah, criminal acts that cannot be pursued are criminal acts that fall into the Hudud category such as adultery, accusing adultery, alcohol, apostasy and rebellion. Apart from these categories, peaceful means can be taken even if it involves serious crimes such as murder and so on. While in diversion, the benchmark is the period of confinement. Peace efforts can be pursued while threatened with imprisonment under 7 years and not a recidivist.
Kajian Tematik: Sifat Berkeluh Kesah Perspektif Qur’ani Harahap, Kifayatun Nisa Nautir; Enghariano, Desri Ari
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.v5i1.11038

Abstract

This research examines complaining in the view of the Qur'an. This type of research is library research. This research is a normative research with a qualitative approach. The primary data source is the book of Tafsir which has an adabi ijtima'i pattern with the title Tafsir al-Maraghi while the secondary data is journal articles, books that are relevant to the subject matter above. The data analysis technique that the writer uses is descriptive-analytic. The results of this study are narratives of lamentation in the Koran, namely, in the words hazana (grief), khauf (worry and fear), syahiqun (inhale with moaning), lau (if only), and yaiasu (give up). Factors that cause humans to complain are feeling frustrated and weak when tested, when tests come they feel the most suffering, and when heavy tests and calamities befall them and the solution to overcoming complaints in the Qur'an is to strengthen faith, patience and piety to Allah SWT.
Tinjauan Yuridis dan Dinamika Pengaturan Koperasi Jasa Keuangan Syariah: Kajian Isu Terkini Perkembangan Syariah Indonesia Arrizal, Arrizal
Jurnal El-Thawalib Vol 6, No 3 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i3.14977

Abstract

The rapid growth of Islamic cooperatives in Indonesia requires regulations that are adaptive to technological advances, while still upholding the principles of maqashid sharia. This study aims to evaluate the strengths and weaknesses of the regulatory framework of Islamic financial services cooperatives in Indonesia and formulate recommendations for substantive strengthening in accordance with maqasid sharia. The method used is qualitative with a literature study approach, with primary data including Law No. 25 of 1992, Government Regulation No. 9 of 1995, and several other regulations, while secondary data include books and journal articles related to Islamic economics and cooperatives. The data collection technique is done through document review and literature study, then the data is synthesized descriptively. The results show that the current regulation still focuses on formal aspects, there is no regulation on the range of profit-sharing ratio or murabaha margin limit, the flexibility of deposit contributions has not been accommodated, and the lack of detailed ratio and margin reporting provisions. Operational standards for al-hiwalah, rahn, qard, and wakalah services are not yet uniform. The level of sharia literacy of members is low, the competence of certified human resources is minimal, there is a lack of external sharia audits, and sharia fintech guidelines for cooperatives do not yet exist. It is recommended to set a minimum-maximum ratio range and murabaha margin limit, require progressive contribution schemes and measurable qard tenors, obligation of at least one sharia manager and one certified DPS in each KSPS, implementation of annual external sharia audits, issuance of cooperative sharia fintech guidelines, and addition of new contract flexibility annexes in the PMK. With these steps, it is hoped that maqashid sharia can be internalized in cooperative regulations and practices, strengthening its role in empowering the people’s economy.
Tinjauan Hukum Islam Terhadap Penggunaan Obat Dalam Hubungan Seksual Hasiah, Winda Fatma Ningsih & Sumper Mulia Harahap &
Jurnal El-Thawalib Vol 1, No 2 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i2.3227

Abstract

The problems in this study are How to Use Drugs in Husband and Wife Sexual Relationships in Padangsidimpuan City and How to Review Islamic Law Regarding the Use of these Drugs. The purpose of this study was to determine the use and review of Islamic law on the use of drugs in sexual relations between husband and wife. This type of research is field research. The data sources of this research are primary and secondary legal data. Data collection techniques are observation, interview and documentation. Data processing and analysis techniques are collecting data and conducting data analysis processing, which is processed and analyzed. The results of this study indicate that the use of drugs in the fulfillment of sexual relations between married couples in the city of Padangsidimpuan is one of the efforts of a couple that provides benefits with the aim of maintaining household harmony and to avoid harm, namely quarrels that lead to divorce. The results of this study indicate that the use of drugs in the fulfillment of sexual relations between married couples in the city of Padangsidimpuan is one of the efforts of a couple that provides benefits with the aim of maintaining household harmony and to avoid harm, namely quarrels that lead to divorce. In the Maslahah Mursalah theory, the use of this drug falls into the category of maṣlaḥah hajiyat which is not directly related to the fulfillment of basic human needs, but indirectly aims to alleviate and facilitate the fulfillment of basic human needs, including preserving religion, soul, reason, descent, and property. However, if the use of this drug is excessive and does not pay attention to medical regulations, it will have an impact on the health of the user. In other words, this drug cannot bring benefits but can also cause harm.
Pelaksanaan Peraturan Menteri ESDM No21 Tahun 2017 Fatmah, Fatmah; Dalimunthe, Dermina
Jurnal El-Thawalib Vol 2, No 3 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i3.3983

Abstract

This study discusses the implementation of the Minister of Energy and Mineral Resources Regulation No. 21 of 2017 Article 3 Paragraph (1) concerning the Management of Drill Mud and Drill Cutting Waste in Geothermal Drilling by the Mandailing Natal Regency Environmental Service. This research was motivated by complaints from residents of the village of Sibanggor Tonga, Puncak Sorik Marapi District, Mandailing Natal Regency about the waste flowing into the residents' agricultural land which resulted in the residents' rice plants not developing as usual, causing implementation that was not in accordance with existing regulations.  This type of research is afield researchusing a qualitative descriptive analysis method. The method of collecting data for this research is by means of interviews and documentation in accordance with the provisions contained in the Regulation of the Minister of Energy and Mineral Resources Number 21 of 2017.  The results of the study state that the implementation of the Minister of Energy and Mineral Resources Regulation Number 21 of 2017 Article 3 Paragraph (1) concerning the Management of Drill Mud and Drill Cutting Waste in Geothermal Drilling by the Mandailing Natal Regency Environmental Service has been implemented, this can be seen from the form of implementation that has been implemented by The Environment Agency is to carry out direct supervision of the location of the flow of waste, give warnings to geothermal energy companies if they have violated the provisions in the regulations and impose sanctions on the agency or company if they have violated applicable regulations or are not in accordance with the company's way of working.

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