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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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Larangan Penggunaan Telepon Saat Mengemudi Panggabean, Lisa Alawiyah
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.v3i4.5942

Abstract

Highway safety is a state of mind. An accident is not a lack of thought but a loss of concentration while driving. Concentrating is very important in driving to get a safe ride. Traffic is a process that occurs on the highway. One of the problems regarding the use of mobile phone communication devices (hand phones) by motorcyclists when driving. The use of mobile phone communication devices while driving is very dangerous if these activities are not stopped immediately. This activity also harms other road users, maybe the driver who uses a mobile phone is not disturbed but for other road users it is very disturbing. From these problems, the writer wants to know how the role of the traffic police in the implementation of Law No. 22 of 2009 Article 106 Paragraph (1) regarding the prohibition of using mobile phones while driving a motorized vehicle is in the city of Padangsidimpuan, as well as how the fiqh siyasah review of the role of the traffic police in Implementation of Law No. 22 of 2009 concerning the Prohibition of Using Mobile Phones While Driving a Motorized Vehicle in Padangsidimpuan City. The result of this research is that the role of the traffic police in the implementation of Law no. 22 of 2009 article 106 paragraph (1) concerning the prohibition of using mobile phones while driving in Padangsidimpuan City in general has played a good role, especially in violations of article 106. However, it is necessary to increase the enforcement of traffic violations in providing sanctions that deter perpetrators from committing violations. . As for the fiqh siyasa review of the role of the traffic police in implementing the law, the importance of the role of a leader is to oblige the public to obey and obey the rules that have been set. 
Kesadaran Hukum Terhadap Larangan Pernikahan Dini Ramadan, Sahrul
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.v3i2.5297

Abstract

This research was motivated by public legal awareness of the prohibition of early marriage during the Covid-19 pandemic in Gunung Tua Jae Village, Panyabungan District. Early marriage is a marriage carried out by a spouse or one of the partners who are less than 19 years of age which has been regulated in Law no. 16 of 2019.The problem in this study is about the legal awareness of the community in Gunung Tua Jae Village, Panyabungan District against the prohibition of early marriage, many still do not know the importance of legal awareness about the age of marriage, marriage aims to meet basic human needs. These needs consist of emotional, biological, mutual need, and so on. In the village of Gunung Tua Jae, Panyabungan District, there are several people who have early marriages during this pandemic which resulted in quarrels in the household, miscarriages, and some even got divorced.This study aims to determine the legal awareness of the community towards the prohibition of early marriage during the Covid-19 pandemic in Gunung Tua Jae Village, Panyabungan District.This research was conducted directly in the field to obtain information and data as accurately as possible by using data collection techniques through interviews, and documentation. The objects in this study are religious leaders, community leaders, traditional leaders, NNB (Naposo Nauli Bulung).From the results of research conducted, the community in general only still knows the age of marriage is 16 years for women, the people of Gunung Tua Jae Village, Panyabungan District realize that early marriage is not wrong because what they understand is according to Imam Syafi'i's opinion that the daughter is an adult, meaning that he can take care of the household, he is allowed to marry. And the people of Gunung Tua Jae Village, Panyabungan District, even though their children have violated Islamic religion such as Pregnant Out of wedlock, they still register it at the KUA Panyabungan but after they are married according to custom.
Implementasi Peraturan Bupati Mandailing Natal Tentang Pakaian Muslim Dan Muslimah Padilah, Riski
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.v3i6.6660

Abstract

This research examines Mandailing Natal Regent Regulation Number 16 of 2019 concerning Muslim and Muslimah Clothing for State Civil Apparatuses in Mandailing Natal District in the Siyasah Fiqh Perspective. This research is a field research with a qualitative approach, the primary data source is the Mandailing Natal Regent's office. The primary data source in this study was data obtained from the head of the legal section of the Mandailing Natal Regent's office, namely Mr. Nurkholis S.H., M.H, along with staff in the legal, population and general departments at the Mandailing Natal Regent's Office. Secondary data sources for this researcher are books, articles, and other sources related to this research. Data collection techniques in this study are Observation, Interview, and Documentation. With qualitative descriptive data analysis techniques. The results of this study are that the Implementation of Mandailing Natal Regent Regulation Number 16 of 2019 concerning Muslim and Muslimah Clothing for State Civil Apparatuses in Mandailing Natal Regency, namely that there are still many employees who have not fulfilled the values of the Regent's regulations. Obstacles in implementing Regent Regulation Number 16 of 2019, namely for male Muslim employees wearing sarongs sometimes going to the office in a hurry is not possible to wear sarongs because wearing sarongs takes quite a long time, for female Muslim employees wearing the syar'i hijab it is still said to be far from Islamic rules because it still uses thin and newfangled materials. And Review of Fiqh Siyasah on the Implementation of Mandailing Regent Regulations Concerning Muslim and Muslim Women's Clothing for State Civil Apparatuses in Mandailing Natal District. Based on the Qur'an surah An-nisa Verse 59, that is, we are ordered to obey Allah, the Messenger and also the Leader, and the sources of law and our guidance in life are the Al-Qur'an and Hadith, and what is contained in the hadith, namely a leader is not only is responsible to his people but he also has to be responsible to Allah SWT, therefore the leader must make decisions in accordance with the Al-Qur'an and hadith to achieve benefit for humans
Perlindungan Hukum Terhadap Anak Korban Toxic Parenting Dalam Perspektif Hukum Islam Lubis, Yulia Khairani; Siregar, Fatahuddin Aziz; Gunawan, Hendra
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.v5i1.10875

Abstract

The problem in this research is legal protection on children suffering toxic parenting in the Labuhanbatu district in the perspective of Islamic law. The type of research in this study is field research, using qualitative approaches, the primary data source of children to experience toxic parenting in the family in 2021-2022 and the caretaker of the women and child protection services (DPPPA), A secondary source of data consists of books, journals, and documents related to the study. The data-gathering techniques used are interviews, observations, and documentation. The data-analysis techniques use qualitative descriptive. That the protection of law in labuhanbatu district is good enough because there is an institution that serves to protect children: the women's protection and child protection service (DPPPA), by performing socialization, and protecting children by providing mediation services, legal aid, and psychological recovery, according to the 2014 35th act on child protection, while it is the perspective of Islamic law that children should be protected from all that could lead to the exclusion of children's rights, Like the one in QS. At-Tahrim: 66, which is the right to an education, a living, protection, and nurturing, and hampering growth of children, for in the perspective of Islamic law the violent behaviour of children is strictly prohibited except in education and worship, it should fit within some provisions, it is according to Ahmad bin Hanbal that the Prophet SAW forbids such violence as beating and educating children, And also, in the opinion of clerics educating children with violence, is not recommended according to dalil-dalil, both the Qur'an and As-Sunnah. Therefore, legal protection in the Labuhanbatu district is in keeping with an Islamic law perspective that prohibits violent child abuse.
Relevansi Maqasid Syariah dalam Menyikapi Fenomena Nikah Sirri di Masyarakat Indonesia M. Kiman, M. Kiman
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.v6i2.15025

Abstract

Sirri marriage raises pros and cons in various circles: from the 'ulama, legal practitioners to community leaders. This difference of opinion is due to differences in perception. The 'ulama consider the legality in Shari'ah terms, legal practitioners are guided by the Compilation of Islamic Law, while community leaders look more at social order. This paper examines Sirri's marriage law from the perspective of Maqashid Sharia by considering between maslahat and mafsadat in the study of Islamic legal philosophy.
Pelaksanaan Akad Jual Beli Tanah Perspektif Fiqh Muamalah Muhammad Arsad Nasution, Era Mulyani & Syafri Gunawan &
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.v1i2.3178

Abstract

The problems in this thesis are how to carry out the sale and purchase of land without including the plants and how does Figh Muamalah review the land sale and purchase. The purpose of this research is to answer how the land sale and purchase is carried out. This type of research is field research, namely research that aims to obtain information and describe events and events that occur in the field according to the facts found. Using interview techniques to obtain information or data from the field. Meanwhile, the research approach used a qualitative approach with descriptive analysis. Based on the discussion in this study, the results of the research are, the implementation of the sale and purchase of land, the seller makes a sale and purchase of land which contains elements of obscurity and is not in accordance with what is received by the buyer resulting in losses to the land buyer, while if viewed from Fiqh Muamalah said the contract must be agreed beforehand that before the contract was started, the research results found in the sale and purchase of the land were not in accordance with the Fiqh of Muamalah.
Penetapan Hari Pernikahan Berdasarkan Tradisi Jujuran Sitompul, Elma Ariska; Nasution, Muhammad Arsad
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.v2i3.3975

Abstract

Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. In Islamic marriage law, there is a principle known as the principle of selectivity.The problems in this thesis are how to determine the wedding day based on the Jujuran tradition in Hutabalang Village, and How to Review Islamic Law on the determination of the wedding day based on the Jujuran tradition in Hutabalang Village. The purpose of this study was to determine the implementation of determining the wedding day based on the Jujuran tradition in Hutabalang Village, and to analyze the Islamic Law Review on the determination of the wedding day based on the Jujuran tradition in Hutabalang Village, Badiri District, Central Tapanuli Regency.This type of research is field research using qualitative descriptive analysis method. This research approach is by means of observation, interviews, documentation based on the provisions of Islamic law and applicable customary law relating to the determination of a wedding day based on the jujuran tradition in Hutabalang Village, Badiri District, Central Tapanuli Regency. As for what the researchers studied were traditional leaders, religious leaders, and communities who determined their wedding day based on the jujuran tradition.The results showed that "The determination of the wedding day based on the tradition of honesty in Hutabalang Village, Badiri District, Central Tapanuli Regency in terms of Islamic law". Marriage can be done in the month of Rabiul Akhir, Jumadil Akhir, Rajab, Syaban, then looking for a good day of marriage with a period of one week or one week. There are five people who are not allowed to marry, namely Rupput Tuju, Simonggal-monggal, Unang Lao, Unang Lao, and Doppak Pudi Pamudunna, ni Parhohos logi balloons. After the wedding day is set for the bride and groom, the designated date is for marriage so that there are no disturbances faced at the time of a wedding. The implication of this tradition is that doubts if it does not comply with the inherent customs and becomes a belief, it is feared that unwanted things will occur. This kind of tradition is not in accordance with Islamic law because it is feared that it will fall into kufr. In this case the rule of fiqhiyyah applies "Refusing damage takes precedence over attracting benefit."
Penetapan Harga Ikan di Pasar Kuala Batahan Usin, Ahmad
Jurnal El-Thawalib Vol 2, No 5 (2021)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v2i5.4401

Abstract

This research is entitled Fish Price Determination at Kuala Batahan Market, Batahan District, Mandailing Natal Regency in terms of the Compilation of Islamic Economic Law. Researchers are interested in this problem because fish sellers charge a price that is higher than the usual market price to buyers who come from outside the batahan area. This research was conducted at the Kuala Batahan market, Batahan sub-district, Mandailing Natal district. The research subjects are fish traders in the Kuala Batahan market, while the object of this research is the pricing mechanism for fish traders in the Kuala Batahan market. The method used in data collection is observation, interviews and documentation. In this writing technique using descriptive methods of primary data and secondary data. After this research was conducted and analyzed, that the fish sellers in the Kuala Batahan market sell similar fish to buyers at different prices to buyers from outside the Batahan area with buyers from the area to seek greater profits. The buying and selling system they apply is a direct buying and selling system, the seller offers to the buyer and the buyer pays directly to the seller, while to find out that prospective buyers from outside the area are seen from the way they dress neatly and drive luxuriously. In the view of the Compilation of Sharia Economic Law on buying and selling fish at the Kuala Batahan Market, Batahan District, Mandailing Natal Regency, it has fulfilled the legal pillars and conditions of buying and selling, but the way they sell fish to buyers from outside the area is contrary to the Compilation of Sharia Economic Law Article 33 fraud, there is an element of Tadlis that oppresses one of the parties, namely the buyer.
Pelaksanaan Akad Mukhabarah Hutasuhut, Yuli Kartika; Harahap, Risalan Basri
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.v3i3.5643

Abstract

This research is motivated by the existence of cooperation between land owners and rice cultivators in Tano Tombangan District, Angkola South Tapanuli, namely a land owner gives his fields to be managed to rice cultivators on the basis of trust and mutual agreement, on a voluntary basis, without any suggestion of coercion. The main problem in this study is how the implementation of the Mukhabarah contract in the Panindoan Tano Village of Tombangan Angkola and how the Compilation Review of Sharia Economic Law regarding the implementation of the Mukhabarah contract in the Panindoan Tano Village of Tombangan Angkola. This type of research uses the field research method (field research) and is sourced from primary data and secondary data. The data collection technique used in this research is interviews. The results showed that the implementation of the Mukhabarah contract in managing rice fields with a cultivator agreement would provide yields to the land owner after calculating the total amount of harvest obtained. However, it is not in reality that the cultivators tell how much they have harvested, but only submit the harvest that is part of the land owner. Thus, it means that there is a broken promise from the cultivator to the land owner against the agreement in the contract made between the cultivator and the land owner, so the land owner feels disadvantaged. The review of Sharia Economic Law on the implementation of the Mukhabarah contract in Panindoan Tano Village, Tombangan Angkola, is not in accordance with the compilation of Sharia Economic Law as stated in Article 260 which does not explain the estimated yield of the crop to the land owner as a whole.
Larangan Balap Liar di Kota Padangsidimpuan Lubis, Andi Mulia; Harahap, Sumper Mulia
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.v3i1.5084

Abstract

This study discusses the implementation of Law No. 22 of 2009 article 115 concerning the prohibition of racing with other motorized vehicles in the city of Padangsidimpuan. This research is motivated by the number of teenagers who are racing with motorcycles, especially on Jl. Gen. Besar A Haris Nasution in the city of Padangsidimpuan causing problems of security, order and public comfort on Jl. Gen. Besar A Haris Nasution This research is a field research using qualitative descriptive analysis method. Wild racing has become a teenager’s habit that is hard to leave. The data collection method in this study was by interview and documentation in accordance with the provisions contained in Government Regulation Number 22 of 2009 article 115 concerning the prohibition of racing with other motorized vehicles. Law No. 22 of 2009 article 115 concerning the prohibition of racing with other motorized vehicles in the city of Padangsidimpuan has not been implemented optimally, this can be seen from the data on the existence of many teenagers who do illegal racing. And when viewed from the fiqh siyasa of the government in overcoming Law No. 22 of 2009 article 115 concerning the prohibition of racing with other motorized vehicles in the city of Padangsidimpuan

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