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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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Aktualisai Dan Dampak Hadhanah Pada Anak Yang Tidak Diasuh Oleh Salah Satu Orang Tua (Studi di Kapanewon Piyungan) Khiyaroh, Khiyaroh
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.v6i2.15173

Abstract

Hadhanah applied by parents who are still complete with parents who have disappeared or separated, there must be differences. A child who is cared for by a parent who is complete and both give each other attention will grow up better than one who is only cared for by one of the parents. This study examines how the concept of hadhanah applied by parents is incomplete to children, and how it affects children who grow up without the role of parents who are complete with the perspective of Islamic law and positive law. In reality, in the environment of children who grow up without the role of one of the fathers or mothers, there is a negative impact that arises on the child. This research is a field research conducted in Kapanewon Piyungan, Bantul Regency, DIY with a qualitative research type. The approach in this study is with a positive legal approach and Islamic law with the theory of sharia maqashid. The author took data by direct interviews with the source. Then the data from the interview results were analyzed with the approach of the Marriage Law and the theory of maqashid as-sharia. The results of the study are that not all single parents can maximize into two roles as a father and mother at the same time. This causes negative impacts on children, including psychological disorders, deviant behavior and lack of socialization. In the study of Islamic law, it is not in accordance with the principles of hifzh nasl and hifzh aql.
Professional Zakat and Its Relevance to Theory Maslahah Muhammad Sa’id Ramadhan Al-Buthi Akbar, Ali; Rizki, Muh
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.v6i5.17351

Abstract

Zakat is an Islamic obligation, one of the five pillars of Islam. In early Islam, zakat focused on existing community income, such as agriculture, animal husbandry, and trade. However, in modern times, income sources have increased, including new professions such as government employees, lecturers, doctors, and so on. Therefore, it is necessary to discuss zakat on income from these professions. The purpose of this study is to explain the definition of professional zakat, how it is calculated, compare the perspectives of classical and contemporary scholars on professional zakat, and assess its relevance to the theory of mashlahah proposed by Dr. Muhammad Sa'id Ramadhan Al-Buthi. This research is a library research with a qualitative approach, where the primary data is the book of fiqh zakat by Al-Qardhawi and Fikh Al-Islam Wa Adillatuhu by Wahbah Az-Zuhaili, the secondary data comes from journal articles that are in accordance with the research. The data collection technique is by identifying appropriate data, then reviewing and identifying it, then analyzing it by interpreting it in depth and presenting it in the research. The results of this study are professional zakat is a mandatory zakat imposed on everyone who earns income from each of their businesses with the condition that it reaches 85 grams of gold if the income is calculated in one year, professional zakat is relevant to the Al-Buthi mahslahah because it is based on Maqasid Syari'ah and does not conflict with the Qur'an, Sunnah, qiyas and other maslahah.
Bimbingan Perkawinan Ditinjau Dari Teori Sadd Adzariah Hasibuan, Wita Sari Wahyuni; Siregar, Syapar Alim
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.v5i1.11037

Abstract

This study examines the role of marriage guidance in preventing household conflict in the KUA of Padangsidimpuan Utara District in terms of the sadd adzariah theory. The type of research used in this study was field research (Field Research), using a qualitative approach, primary data sources, namely KUA employees in Padang Sidempuan Utara District, bridal couples who conducted marriage guidance at KUA in Padangsidimpuan Utara District, a total of 2 people, the Koran and the fiqh proposal book written by Amir Syarifuddin while the secondary data in this study are books related to sadd adzariah, journals, regulations of the director general of bimas and various other sources. Data collection techniques in this study consisted of interviews, observation and documentation. The data analysis technique in this research is descriptive qualitative. The conclusion of this research is that the implementation of marriage guidance is carried out at the KUA, Padang Sidempuan Utara District, prospective brides who have fulfilled the documents requested by the KUA and have registered to get married will be summoned by the KUA to carry out marriage guidance, the guidance process is carried out routinely every Wednesday and Thursday at 09.00-11.00 guidance is carried out using the lecture method. The material given is about marriage according to Islam, marriage laws, rights and obligations of husband and wife and dealing with problems in the household. Furthermore, marriage counseling held at the KUA of Padangsidimpuan Utara District is one of the efforts to prevent household conflicts after marriage later through material delivered during guidance as well as Sadd Adzariah's theory, namely efforts to inhibit all roads that lead to damage or prevention.
Konsep Keadilan Peradilan Rasulullah Dan Relevansinya Dengan Peradilan Restoratif Di Indonesia Irawan, Bambang; Amar, Zafran Arifah; Fadilah, Muhammad Rizky; Mawardi, Mawardi
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.v6i3.15444

Abstract

Justice is the main goal in the justice system, both in the context of Islamic law and the national legal system. In Islamic history, the Prophet Muhammad SAW is known as a leader who not only conveyed revelations but also as a judge who upheld justice with wise, humanistic, and solution-oriented principles. This study focuses on the concept of justice in the trial of the Prophet Muhammad SAW, which prioritizes humanistic, rehabilitative, and non-discriminatory principles. This study is qualitative with a normative legal and comparative historical approach. Primary data sources from the Qur'an, Hadith, Islamic jurisprudence books, and sirah nabawiyah, which contain the practice of the Prophet's trial and regulations in Indonesia relating to restorative justice, and secondary sources come from scientific books, journals, and articles that discuss Islamic justice, the history of the Prophet's trial. The technique of collecting library data and analyzing it using qualitative descriptive techniques. The results of this study indicate that the concept of justice in the trial of the Prophet Muhammad SAW is very relevant to the principles of restorative justice in Indonesia because both emphasize dispute resolution through deliberation, restoration of social relations, and protection of the rights of victims and perpetrators in a balanced manner. The Prophet prioritized humanistic and solution-oriented justice, not merely punishment, as the approach now applied in the Indonesian legal system through various restorative justice policies.
Uncovering the Roots of Paternal Negligence in Child Support After Divorce in Pariangan District Raflis, Aullya; Yunarti, Sri; Kasmidin, Kasmidin
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.v6i5.17228

Abstract

Child support is a right guaranteed by Islamic law and positive Indonesian law, but in practice, it is often ignored by fathers after the breakup of a marriage. This study aims to uncover the root causes of fathers' negligence in providing child support after divorce in Pariangan District. This type of research is field-based and qualitative. Primary data sources are directly from ex-wives who have divorced and experienced problems in receiving child support, as well as religious leaders, traditional leaders, and the Office of Religious Affairs (KUA) in Pariangan District. Secondary data sources include fiqh books, Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law (KHI), journals, and scientific articles. Data obtained through observation, interviews, and documentation from religious leaders and local KUA officials. Data analysis techniques: Qualitative Descriptive. The results of this study indicate that the obligation to provide child support in Pariangan District does not have standard guidelines from the court, so that fathers often provide support according to their wishes and not according to the child's needs. Economic factors cause paternal neglect, a lack of understanding that children are their responsibility, the influence of Minangkabau customs, women's ignorance in court proceedings, fathers who remarry, and a lack of trust from ex-husbands in their wives. In Minangkabau customs, especially in Pariangan, mothers play a role in providing for their nephews, as the saying goes: "Anak dipangku, kamanakan dibimbing" (child in the lap, kamanakan dibimbing).
Dimensi-Dimensi Hukum Pidana Islam Dalam Sanksi Tindak Pidana Begal Wahyuni, Siska; Gunawan, Hendra
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.v4i2.9615

Abstract

The problem in this research are the dimensions of islamic criminal law in the criminal act of robbery. The type of research  used is library research using a normatif yuridis approach, namely by using statutory approach. The main data source is the primary data source, namely in article 365 of the criminal code. And secondary data sources are taken from books, legal journal articles, and related documents. Data collection technique or legal materials by identifying data introduction and editing (acurate data checking), This research data analysis technique is by interpreting the data according to the purpose, design and nature of the research. The result of the research obtained in islamic law the sanctions  for legal perpetrators areexile, cross cut hands and peet, santenced to death and exile while in the ciminal code the punishment for legal is only imprisonment and death penaltu, ift the acct does not kill the victim  then the sentence is 9-12 years prison, and the sentence is increased to 15 years if someone dies, that the dimension of islamic criminal law in sanctions for criminal acts of robbery is hudud finger. Therefore, the sanctions for perpetrators off robbery in article 365 of the criminal code are very light when compared to the sanctions for perpetrators of robberies in islmic law.
Analisis Fitur Shopee Lucky Prize Perspektif Fatwa DSN MUI Nomor 86/DSN-MUI/XII/2012 dan Nomor 62/DSN-MUI/XII/2007 Rahmika, Izam Bahtiar
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.v6i2.14779

Abstract

Berkembangnya teknologi melatarbelakangi dibentuknya Shopee sebagai aplikasi berbasis e-commerce yang dapat diakses dengan mudah. Shopee membuat media promosi dalam bentuk game berupa fitur Shopee Lucky Prize. Digunakannya paket data untuk memainkan fitur Shopee Lucky Prize dan ketidakjelasan hadiah yang didapat menyebabkan munculnya dugaan praktik gharar dan maisir yang tidak diperbolehkan dalam muamalah. Penelitian ini terfokus pada tinjauan hukum Islam terhadap fitur Shopee Lucky Prize perspektif Fatwa DSN-MUI Nomor 86/DSN-MUI/XII/2012 tentang Hadiah dalam Penghimpunan Dana Lembaga Keuangan Syariah dan Nomor 62/DSN-MUI/XII/2007 tentang Akad Ju’alah. Penelitian ini dilakukan secara kualitatif dengan menggunakan metode yuridis normatif. Sumber data penelitian didapat melalui studi kepustakaan (library research) dan internet searching. Tahapan analisis datanya yaitu pengumpulan data, kategorisasi data, penyajian data, dan penarikan kesimpulan. Kesimpulan yang didapat dalam penelitian ini adalah dalam fitur Shopee Lucky Prize tidak terdapat maisir, akan tetapi terdapat gharar yang memicu perbedaan pendapat dikalangan ulama. Undian dalam fitur ini merupakan taruhan sepihak. Pemain tidak mengeluarkan harta sebagai hadiah undian. Sehingga, dugaan adanya maisir dikarenakan pemain menggunakan paket data untuk mengundi terbantahkan. Sebagian ulama menghukumi semua bentuk gharar haram, akan tetapi sebagian lainnya menghukumi gharar yang disebabkan ketidaktahuan pemain atas hadiah tidak dapat merusak akad. Fitur Shopee Lucky Prize telah sesuai dengan ketentuan Fatwa DSN-MUI Nomor 86/DSN-MUI/XII/2012 tentang Hadiah dalam Penghimpunan Dana Lembaga Keuangan Syariah dan Fatwa DSN-MUI Nomor 62/DSN-MUI/XII/2007 tentang Akad Ju’alah, sehingga umat Islam diperbolehkan menggunakan fitur ini.
Tinjauan Hukum Pidana Islam Terhadap Implementasi Restorative Justice Pada Tindak Pidana Pencurian Buah Kelapa Sawit Hasibuan, Nur Habibah; Hasibuan, Zulfan Efendi; Sainul, Ahmad
Jurnal El-Thawalib Vol 5, No 2 (2024)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v5i2.13371

Abstract

This study examines the implementation of restorative justice in the crime of theft of palm fruit in Handio village under Islamic criminal law. This type of research is qualitative or field research and the primary data source is data or information obtained directly through interviews with the people of Handio Village, Village Heads/Village Officials, Traditional Leaders, Religious Leaders, Alim Ulama, Hatobangon, Theft perpetrators and Victims. The secondary data sources are books, journals, and documents that are considered related to this paper, while the collection technique is by means of observation, interviews and documentation then the data analysis technique is descriptive qualitative. The results of this study explain that the implementation of Restorative Justice in the crime of theft is a transfer of the formal legal process to non-formal settlement channels to resolve cases peacefully, deliberation, consensus by presenting the parties concerned. Cases peacefully, because the Village Apparatus considers that formally resolving cases will cause problems such as disputes, hostilities and slow down settlement of cases. In this case, it is still categorized as light theft in positive law and Islamic criminal law, if it has not reached the minimum stolen limit, the sanction is Takzir. Resolving cases peacefully can increase solidarity among human beings for a safe and peaceful life. The sanctions imposed on the perpetrators of the crime of theft applied in Handio Village are in the form of fines and making a letter of agreement, if they repeat it they will be processed legally
Pernikahan Childfree Perspektif MUI Kota Padangsidimpuan H, kurniawan; Ahmatnijar, Ahmatnijar; Sirait, Adi Syahputra
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.v4i2.9596

Abstract

This research examines voluntary childfree marriages or childfree marriages from the perspective of the Indonesian Ulema Council, Padangsidimpuan City. This research is a field research with a qualitative approach from the perspective of Maqasid Al-Syariah. The data sources in this study consisted of two sources of data, namely primary data which was obtained directly from the Chairman of the Padangsidimpuan MUI and the Chair of the Fatwa Commission and the Secretary of the Padangsidimpuan MUI Fatwa Commission, and secondary data collected through references available in various places that are considered relevant to discussing childfree, the data collection techniques used are interviews and documentation. The data analysis technique used by researchers in this study is inductive qualitative. The results of the study, namely the Indonesian Ulema Council of the Padangsidimpuan City MUI explained that childfree marriage or marriage with a commitment without children between husband and wife is something that violates the Shari'a if it is carried out without any harm between the two parties in accordance with the Word of Allah SWT in the Qur'an sura Al-Baqarah: 223 concerning the obligations and rewards of having children, and also in his perspective the Padangsidimpuan City MUI emphasizes the role of children in marriage which is very central between husband and wife in protecting offspring (Hifz al-Nasb) in Maqasid Al-Syariah both in religious and cultural factors that exist in Indonesia, so there is no reason that allows someone to deliberately not have children except in circumstances that are harmful and in accordance with Islamic religious law.
Kriminalisasi Nilai Moral: Konstruksi Kebijakan Kriminal di Negara Muslim Modern Kadir, Zul Khaidir Kadir
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.v6i1.14553

Abstract

Criminalization of moral values refers to the legalization of prohibitions on behavior that is considered contrary to religious, ethical, or customary norms, although it does not always involve direct violations of the rights or interests of others. Unfortunately, the establishment of criminal policies based on moral values is often considered an expression of national identity based on religion, but in practice it often triggers heated debates about legal legitimacy, social justice, and violations of individual rights. This study aims to critically analyze the phenomenon of criminalization of moral values in criminal policies in modern Muslim countries. In addition, it focuses on identifying the main elements that form criminal policies based on morality, evaluating their impact on social justice and human rights, and proposing an alternative framework that aims to create harmony between religious norms and universal values. This study uses a normative legal research method using a comparative approach. The data collection method is collected using library research, then analyzed qualitatively and presented descriptively. The results of the study show that the criminalization of moral values in the criminal policies of modern Muslim countries creates a dilemma between religious norms and legal needs that are relevant to social reality, often causing injustice and repressive social control. To overcome this, an inclusive approach is needed, such as proportionality, restorative justice, and community participation, in order to create harmony between religious morality, substantive justice, and the needs of modern society, while strengthening legal legitimacy and social cohesion.

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