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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 240 Documents
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Praktik Jual Beli Barter Sparepart Sepeda Motor Di Kelurahan Sadabuan Kota Padangsidimpuan Ditinjau Dari Kompilasi Hukum Ekonomi Syariah Husein, Rahmat; Ahmatnijar, Ahmatnijar
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.v3i5.6202

Abstract

The background of the problem in this research is the sale and purchase of spare parts motorcycles that are still in the credit period, but the debtor has default against one of the leasing companies in the city of Padangsidimpuan. As a result of the default, the leasing party will withdraw the motorcycle before the leasing party comes to recall the motorbike In this case, the debtor has sold some of the motorcycle spare parts with barter trading system. For example, such as rear shock (spring), tires and others. Whereas in the Compilation of Sharia Economic Law Article 266 which states: contains about Tenants are prohibited from renting and lending ijarah objects to other parties except with the permission of the party who rents out The formulation of the problem in this study is how to practice buying and selling motorcycle spare parts barter and a review of the Sharia Economic Law Compilation on the sale and purchase of motorcycle spare parts barter in the Sadabuan urban village Padangsidimpuan The method used in this research is the research method qualitative. As for the data collection techniques in the form of interviews and documentation. In this method, the data analysis used is descriptive that is, the researcher analyzes a systematic picture of what is happening in the field. Then perform an analysis of the findings by using adjust between findings and theory From the results that the practice of trading spare parts barter carried out in Sadabuan Village and the community have not fully complied with the requirements regarding buying and selling by barter which is contained in several provisions and can be eliminating the benefits, so the sale and purchase of spare parts is not in accordance with Compilation of Sharia Economic Law and because of the lack of clarity with objects or goods on the object being traded.
Mekanisme Pelaksanaan Program PKK Di Kelurahan Batunadua Jae Berdasarkan PERMENDAGRI No. 36 Tahun 2020 Wahyuni, Ririn; Ahmatnijar, Ahmatnijar
Jurnal El-Thawalib Vol 4, No 1 (2023)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v4i1.7982

Abstract

This study discusses the Strategy and Mechanism of the Family Welfare Empowerment Movement (PKK) in Implementing 10 PKK Main Programs in Batunadua Jae Village, Padangsidimpuan District, Batunadua. This research was motivated by the problems that occurred in Batunadua Jae Village regarding stunting that occurred in children. This type of research is a field research using a conceptual, juridical sociological and legislative approach, namely, Regulation of the Minister of Home Affairs of the Republic of Indonesia Number 36 of 2020 concerning Movement and Empowerment of Family Welfare Article 39, Primary data sources are data obtained directly through interviews with PKK management and the community of Batunadua Jae Village, secondary data sources are journal books and documents related to this research, data collection techniques are by means of observation, interviews, and documentation then descriptive type data analysis techniques This research describes completely in a language so that an understanding in the field between reality and language. The results of this study conclude that the strategies carried out by the PKK movement in implementing the main health programs and health planning for toddlers are, nutritional checks, immunizations, weighing toddlers, giving vitamins, and measuring children's height. immediately notify the community to come to the posyandu. The supporting factor in implementing the main program is the enthusiasm and support of the community and the obstacles are the lack of funds and the lack of community participation.
Pemaknaan Hadis Mengenai Riba Dalam Perspektif Hukum Islam : Kunci Membangun Ekonomi Yang Adil Dan Berkelanjutan Wulandari, Devy; Ilham, Muhammad; Sakka, Abdul 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.v6i1.14405

Abstract

Tujuan penelitian ini adalah membahas struktur hadis dalam hadis. Penelitian ini menggunakan jenis kualitatif melalui studi pustaka dengan menerapkan analisis isi. Pembahasan penelitian ini meliputi struktur hadis sperti sanad matn. Artikel ini ingin membahas tujuan dari pelarangan riba dalam perspektif hadis. Tidak diragukan lagi, istilah riba sebenarnya dilarang dalam semua agama samawi, baik Yahudi, Kristen maupun Islam. Di dalam Al-Qur'an sendiri, pelarangan riba memiliki empat ayat yang ditemukan pada empat surat berbeda, di mana riba jelas-jelas dikutuk dan dilarang, bahkan riba dinyatakan pula sebagai dosa yang sangat serius. Dengan menggunakan studi literatur, artikel ini ingin menggali dan mendalami beberapa hadis tentang larangan riba dan dampaknya di masyarakat. Dikatakan bahwa riba adalah dosa dalam Islam, karena mengarah pada kehancuran, sedangkan sedekah mengarah kepada pertumbuhan. Oleh karena itu, penghapusan riba sebenarnya bertujuan untuk memajukan sistem ekonomi yang merahmati, lebih berkeadilan, hubungan sosial yang lebih berimbang serta nilai-nilai etika yang sejalan dengan ajaran Islam. Kesimpulan dari penelitian ini menunjukkan bahwa sanad yang di riwayatkan dari abu huroiroh bersambung hal ini di buktikan dengan Abu Kuraib Wawasil bin Abdul ‘Abul A’la, ia berkata, telah menceritakan kepada kami Ibn Fudail, dari bapaknya, dari Ibn Abi Nu’man, dari Abu Hurairah, Rasulullah saw.
Harmonization of Exceptions to The Non-Retroctive Principle Between Positive Criminal Law and Islamic Law From Perspective of Maslahah Mursalah Johar, Rama Dhini Permasari; Desvia, Lusiana
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.v6i4.15638

Abstract

General criminal and Islamic criminal law each adhere to the precept of non-retroactivity. but, one of the interesting matters is that there are still exceptions to this non-retroactive principle in each general criminal regulation and Islamic criminal regulation. So the author is very inquisitive about discussing similarly the exceptions to the non-retroactive precept. aside from that, it is also interesting to review the problem aspect of establishing this exception. This targets to better know and understand the reasons and knowledge of the exception to this precept. The sort of studies that the writer carried out became library studies with a qualitative method. The statistics resources in this have a look at are associated documents, particularly the criminal Code, literature in the form of magazine articles inside the Google scholar database, and others. The information collection approach used is purposive sampling. The information analysis technique utilized by the author is content analysis.  The effects of this studies monitor that exceptions to the non-retroactive principle in general criminal regulation and Islamic criminal regulation are very suitable and have fantastic blessings while viewed from the maslahah issue due to the fact they involve the benefit of many people/preferred benefit.
The Legal Politics Of Relocating The National Capital: An Analysis Of Law No. 21 Of 2023 From The Perspective Of Mahfud Md’s Theory Of Legal Politics Ansori, Saiful; Maghfiroh, Siti
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17165

Abstract

This article examines the close relationship between law and politics from a legal-political perspective, emphasizing Mahfud MD's thinking and its implementation in the formation of Law Number 3 of 2022 concerning the National Capital (IKN), which was later revised into Law Number 21 of 2023. This study utilizes political configuration theory and the character of legal products. This research is qualitative with a normative-juridical approach. The data sources consist of primary and secondary sources. Data collection techniques were conducted through literature review and systematic document review of primary and secondary legal sources. The data analysis technique used was normative-juridical analysis. This research demonstrates that law is inherently inseparable from political interests. The case study of the IKN Law demonstrates executive dominance and a solid political coalition, with a rapid legislative process but minimal public participation. The resulting law tends to be conservative-elitist, despite containing aspirational elements such as equitable development and sustainability. These findings confirm that law as a political product can function to legitimize strategic policies, but also leaves behind problems of participation and the potential for marginalization of society.
Justice and Legal Certainty in the Annulment of Divorce Decisions: The Perspective of Principles Complicating Divorce Latifah, Tasya Putri
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17009

Abstract

The annulment of a divorce decision highlights a divergence in judicial perspectives regarding the granting of divorce. One of the primary considerations is that the divorce petition was deemed premature, as it did not yet fulfill the requirements for a divorce to be granted. In annulling the divorce, the judges sought to consider all relevant aspects, including legal justice and the principle of legal certainty. This consideration forms the basis of the present study, which aims to analyze how the judges’ legal reasoning reflects these principles in rendering a decision that annulled the divorce. This study employs a qualitative, normative juridical approach. The primary data sources are the case files Number 1/Pdt.G/2025/PTA.Yk and Number 422/Pdt.G/2024/PA.Wt, while supplementary sources included books, journal articles, and statutory regulations such as the Marriage Law, the Compilation of Islamic Law (KHI), and SEMA Number 3 of 2023. Data collection was conducted through documentation, and analysis was performed using a descriptive approach based on inductive reasoning. The research revealed that the appellate panel of judges annulled the previous divorce decision based on consideration of justice and legal certainty. From the perspective of legal justice, the judges determined that the divorce petition was premature, as it did not meet the 6 months separation requirement, and there was no evidence of domestic violence during the marriage; therefore, the divorce could not be granted. From the perspective of legal certainty, the panel referred to the principle of complicating divorce proceedings, as stipulated in SEMA Number 3 of 2023. Consequently, the divorce was annulled for failing to meet the substantive requirements of the law. Based on these considerations of justice and legal certainty, the panel of judges annulled the divorce, thereby restoring legal certainty regarding the marital status of the husband and wife.
The Strategic Role of Non-Judicial Mediators in Achieving Effective and Just Family Dispute Resolution in the Batam Religious Court Jalili, Ahmad; Nabila, Dachia; Andriansyah, Muhammad
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17354

Abstract

This research is motivated by the increasing number of family cases at the Batam Religious Court and the need for mediation as a more effective and equitable alternative dispute resolution. The purpose of this study is to analyze the contribution of non-judgmental mediators in resolving family conflicts and to identify the role, challenges, and effectiveness of mediation. This is a qualitative field study. Primary data were collected through in-depth interviews with non-judgmental mediators, judges, and litigants at the Batam Religious Court, while secondary data were obtained from annual reports, mediation documents, and literature on religious court mediation. Data collection techniques included observation, interviews, and documentation, while data analysis used a descriptive-analytical approach to examine the contribution patterns and effectiveness of non-judgmental mediation in resolving family conflicts. The results show that non-judgmental mediators have a strategic role in facilitating peace through a more humanistic, flexible, and deliberation-based communication approach. Their presence can reduce judges' caseloads, accelerate settlement, and maintain harmonious family relations after the conflict. Despite obstacles such as low public legal awareness, resistance from disputing parties, and a limited number of certified mediators, the effectiveness of mediation by non-judge mediators has been quite high, with a positive impact on the just, peaceful, and sustainable resolution of family cases.
Problems of Formal Review of the TNI Law: Analysis of the Principles of Public Participation and Transparency in the Formation of Legislation Ifani, Titania Nur; Zaini, Maghfirotuz; Ohoiwutun, Y. A. Triana; Rato, Dominikus
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17390

Abstract

Lawmaking is one of the fundamental instruments in realizing legal certainty and justice in national and state life. In practice, the legislative process in Indonesia still often sparks debate, both regarding substance and procedure. One of the prominent issues is the formation of the Indonesian National Army Law (UU TNI), which is being questioned due to alleged formal defects in its formulation stage. In this study, the type of research used is normative legal research or library research. The approaches used in this study are the statute approach, the conceptual approach, and the case approach. The main issue underlying the formal review of the TNI Law is the alleged failure to meet the principles of public participation and transparency in the legislative process, which has implications not only for the technical aspects of the law but also touches upon the dimensions of legitimacy and the quality of procedural democracy in Indonesia. Formal testing of the TNI Law within the framework of constitutional oversight of the legislative process certainly faced much debate. Out of the 10 cases submitted, all were rejected because the Constitutional Court found that the TNI Bill did not violate the law regarding its non-inclusion in the national legislation program, that the TNI Bill was a carryover, that the TNI Bill was in accordance with TNI reform, that the discussion of the TNI Law was transparent and accountable, that there was no limitation on document access or information access, and that the other 5 cases were still in the trial process.
Child Protection in the Kid Influencer Era: Regulatory and Law Enforcement Challenges in Indonesia Annisa, Febrina; Gustaliza, Resma Bintani; Pratimaratri, Uning; Wulandari, Riska
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.v6i4.17051

Abstract

Advances in information technology and improvements in internet network infrastructure, it is becoming easier for everyone to get and work using information technology. Influencers appear when the methods used in marketing use influencer marketing techniques. Currently, many target marketers use child influencers to target children. Because children are considered unable to determine their own will, the role of various parties is needed to prevent child influencers from being exploited. Using or directing children as influencers compromises children's emotional and physical development. This article uses a normative juridical approach, analyzed qualitatively. According to literature research, Indonesia ratified the UN Convention on the Rights of the Child, as shown by Presidential Decree Number 36 of 1990 concerning Ratification of the Convention on the Rights of the Child, Amendments to the 1945 Constitution, including Article 28B Paragraph (2), and Law -Law Number 23 of 2002 concerning Child Protection. During the implementation of child protection instruments, all relevant parties must prioritize initiatives that protect children from exploitation.
Perlindungan Hukum terhadap Istri dalam Perkawinan Poligami di Provinsi Riau Kholid, Andre; Akbarizan, Akbarizan; Munir, Akmal Abdul
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.v6i3.15264

Abstract

Legal protection for wives in the context of polygamy is important to examine, considering that not all polygamy practices are carried out in accordance with applicable legal provisions. In addition, the existence of strong Islamic legal norms and customary norms in Riau Province also influences the views and implementation of polygamy in society. The purpose of this study is to determine the form of legal protection for wives in polygamous practices in Riau Province. This type of research is qualitative research. Primary data sources were obtained through interviews with wives of polygamists, husbands, community leaders, and religious and legal institutions. Secondary data comes from official documents, legal literature, laws and regulations, and previous research results. Data collection techniques are interviews and documentation, then analyzed using analytical descriptive techniques. The results of this study indicate that legal protection for wives in polygamous marriages in Riau Province involves two main aspects, namely preventive and repressive protection. Preventive protection is realized through strict requirements, such as the consent of the first wife and court permission before carrying out polygamy, to ensure that the wife's rights are maintained. Meanwhile, repressive protection provides a legal mechanism for wives who are harmed, such as the cancellation of an invalid marriage. Overall, Indonesian law provides guarantees for wives in polygamous marriages to ensure justice and protection of their rights.

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