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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 265 Documents
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Pelaksanaan Pembayaran Iuran PAM Harahap, Hamdan
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.v2i3.3993

Abstract

Water is the source of life for living things, especially humans, with water humans can carry out daily activities to the fullest. All community members consume clean water from wells, rivers and PAM Water. It is the same with residents in Batu Sundung Village, located in Padang Lawas Regency, North Sumatra, where most of the residents consume PAM Water for their daily lives. In addition to the great benefits, there are several problems from the residents regarding the Water PAM used, namely the problem of payment fees that are too large, not in accordance with the water they get. So from this problem the author is interested in researching the payment of Air PAM fees in Batu Sundung Village in terms of KHES. The theoretical study used by the author in analyzing this is KHS (Compilation of Sharia Economic Law), concerning Amwal and Akad. The research methodology uses field research (field research), and data collection techniques used by observation and interviews. The results found were that problems related to PAM Water payment fees occurred in 2018 at the beginning of the establishment of PAM Water, the community did not know about the problem of fees that must be paid, and after 2019 the Village Head, PAM SIMAS Chair, and Village residents had held a deliberations and decided that the payment PAM fees are according to the meter, and per meter must pay Rp. 2,000. and from this decision the residents began to feel clear how much water they had to spend per day to be paid monthly after the QS. An-nisa paragraph 29, continued that the provider of wages/salaries to officers who maintain water supply comes from cash contributions of Rp. 5,000 / month, this is in accordance with the hadith of the apostle about the provision of wages / salaries that are in accordance with the work. And all that is offered by Sharia Economic Law aims to be mutually beneficial, not only for personality.
Efektivitas UU No. 41 Tahun 1999 Tampubolon, Herman Suhandi; Harahap, Sumper Mulia; Dalimunthe, Dermina
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.v2i6.4780

Abstract

According to the theory of effectiveness, the findings found by researchers have not reached the benchmark for the effectiveness of protected forests as confirmed in Law 41 of 1999 Article 47 on Forest Protection. The problem that occurs is the problem that is the main supporter of achieving the effectiveness of forest protection. The effectiveness of law no. 41 of 1999 Article 47 concerning benchmarks for effectiveness in the supervision of protected forests in order to maintain their sustainability. where there are problems faced by the agency responsible for the preservation of protected forests. factors inhibiting the effectiveness of law no. 41 of 1999 concerning Forest Protection is a budget cut since COVID-19 which hinders Forest Protection, then lack of public awareness of forest preservation, and lack of legal firmness from law enforcement officers. According to the theory of effectiveness that has not met the requirements or has not achieved this into a serious problem, lack of personnelForest Police Team (only two people), inadequate supporting facilities/infrastructure.figh siyasa review of the effectiveness of law no. 41 of 1999 concerning Forest Protection emphasizes that humans are able to be responsible for everything that Allah SWT has created. Which is where Allah SWT has forbidden humans to do mischief on earth.
Putusan MK Yang Bersifat Positif Legislature Pane, Ramadhan Siddik; Kurniawan, Puji
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.v3i4.5939

Abstract

The Constitutional Court in the case of testing the constitutionality of an Act is declared granted, then by the provisions of the laws and regulations only given the authority to declare the material content of paragraphs, Articles, and / or parts of the Law contrary to the 1945 Constitution and has no binding legal force. Or make the process of making laws contrary to the mechanism of formation that has been regulated by the laws and regulations (negative legislature). However, in some cases the Constitutional Court in its ruling included new legal norms (positive legislatures) that are considered to have entered the realm of legislative authority. So based on this there is an increase in the authority of the Constitutional Court from negative legislature to positive legislature. Based on the picture of the problem, researchers want to further know how the constitutional court's authority in issuing positive legislature decisions, then what consideration factors are used by constitutional court judges in issuing positive legislature rulings. This research is assembled based on the type of juridical normative research by utilizing the legal approach and the case approach. The theory used in solving the above problems is to use progressive legal theory and positive legal theory. So that with the data obtained from the results of case review and law, it is processed by reducing data and cases. The results of this study state that the Constitutional Court in the case of testing the constitutionality of the Law based on norms stipulated in the laws and regulations only as a norm-spinning or negative legislature. However, based on the knife analysis of the progressive legal theory, the authority can become a new norm maker with various rules included in the sound of the verdict or positive legislature. The factor considered by constitutional court judges in stringing together the ruling is substantive justice considerations based on progressive theory, then this is supported by the purpose of the establishment of law in Islam is to realize justice.  
Perlindungan Dan Pemberdayaan Pasar Tradisional Tarihoran, Sri Dewi
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.v3i2.5293

Abstract

Based on the background above, the purpose of this study was to find out how the implementation of Regional Regulation Number 7 of 2016 Article 5 concerning the Protection and Empowerment of Traditional Markets on Traders in Sibolga City and also the Inhibiting Factors Implementation of Perda No. 7 of 2016 Article 5 on Protection and Market Empowerment Traditional on traders in Sibolga City. The type of research used by researchers is descriptive qualitative research, the data used is primary and secondary data, data collection methods with observation, interviews and documents. Data collected in analysis using editing, verification and analysis methods. Based on the results of the research above, the results are obtained that the implementation of Perda No. 7 of 2016 Article 5 concerning the Protection and Empowerment of Traditional Markets on Traders in Sibolga City has not been implemented maximally due to several factors, namely the lack of 50 civil service police personnel of Sibolga City To oversee / curb street vendors, facilities are inadequate and less comfortable for buyers, agricultural products are very minimal (such as fruits and vegetables), it is difficult to reach and the people are lazy to buy in the area and the people of Sibolga City dit the situation Nature where many Sibolga city income comes from working as fishermen.
Implementasi Persyaratan Calon Pemimpin dalam Undang-undang Nomor 6 Tahun 2014 pada pasal 33 Tentang Desa perspektif Fiqh Siyasah. Lubis, Annisa Dwi Audia; Dalimunthe, Dermina
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.v3i6.6657

Abstract

This article discusses the implementation of the requirements for prospective leaders in article 33 of law number 6 of 2014 concerning villages in Natal District, Mandailing Natal Regency from the perspective of Fiqh Siyasah. The type of research used in this research is field research with an empirical normative legal approach. The data source for this research is the data source used is primary data, which is data obtained from the Secretary of Sikara-kara IV Village, head of RT, community of Sikara-kara IV Village. secondary data is data that includes documents, books, journals, articles and those related to research, while data collection techniques are through interviews, observation and documentation while data analysis techniques use descriptive qualitative techniques. The results of this study indicate that the Requirements for the Implementation of Candidate Leaders have not been implemented properly, in the sense that the law has not been complied with in the election of leaders in Sikara-kara IV Village, this needs to be corrected so that there are laws that must be obeyed or obeyed properly. From this research it can be concluded that the requirements to become a leader in Siyasah Fiqh studies must be fair, honest, trustworthy, intelligent, like the characteristics of the Prophet Muhammad SAW.
Studi Living: Persepsi Masyarakat Terhadap Tradisi Bacaan Shalat Tolak Bala Hasibuan, Elida Marwiyah; Hasiah, Hasiah; Siregar, Sawaluddin
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.v5i1.10859

Abstract

This article examines the perceptions of the people of Hutaraja Lamo Village, Sosa District, Padang Lawas Regency towards reading the prayer to reject reinforcements. This type of research is field research with a qualitative approach. The primary data sources in this article are religious leaders, traditional leaders, village heads, Naoso Nauli Bulung and the Hutaraja Lamo village community. While the secondary data comes from books, journal articles related to this article. for data collection techniques using observation, interviews and documentation, then analyzed using data analysis techniques is descriptive research. The results of this study indicate that the people of Hutaraja Lamo village, Sosa sub-district, Padang Lawas district believe that the community's understanding of the recitation of the prayer to reject reinforcements is selected verses (al-ikhlas, an-nas and al-falaq). As well as reciting three times after al-Fatihah, totaling four cycles, one greeting and having a bayati rhythm. The public's understanding of the recitation of the prayer against reinforcements may be carried out and there is no compulsion to carry it out. When there are conditions such as being overwritten by a disaster or a disease that does not go away. Then it is permissible to carry out the recitation of the prayer to repel reinforcements with the aim of asking forgiveness from Allah SWT. So by holding the recitation of the prayer to repel reinforcements, this is done with the intention because of Allah Ta'ala and surrendering to Him all illnesses will disappear forever. As for the people's reasons for reading the prayer to reject reinforcements, it must be done with confidence and surrender to Allah. The people also say that after reading the prayer to repel reinforcements, there is a change in the people who are sick, and all the calamities that have befallen us all will not come again. The reason for the community to carry out the recitation of the prayer to reject reinforcements must be with confidence and surrender to Allah.
Peran PKH Dalam Meningkatkan Kemampuan Suami Memberi Nafkah Dermina Dalimunthe, Isa Yurida Tanjung Fatahuddin Aziz Siregar &
Jurnal El-Thawalib Vol 1, No 1 (2020)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v1i1.3124

Abstract

The Family Hope Program (PKH) began in 2007 and has been implemented in the Padangsidimpuan City area starting in 2013. And husbands who receive PKH still neglect their position as head of the family to carry out their obligations in the family, one of which is to provide a good living. Even when the family received PKH assistance, the husband did not use the assistance properly to be used as capital to open a business. As a result, families who receive PKH assistance are unable to improve the family's economy. Based on the above background, the purpose of this study is to find out how the Role of the Hope Family Program (PKH) in Increasing the ability of the Husband to Provide a Livelihood in Manunggang Jae Village and How to Increase the Ability of Husbands to Give a Livelihood after joining the Hope Family Program (PKH) in Manunggang Jae Village. The type of research used in this research is field research. Based on the results of the above research, the results show that the role of the hope family program in increasing the husband's ability and increasing the husband's ability after participating in the hope family program in Manunggang Jae village from the results of the interview with informants can be assessed that the hope family program plays an important role for the village community of Manunggang Jae and is capable increasing the husband's obligation to provide a living with the hope family program.
Analisis Putusan Hakim Tentang Perceraian Karena Tidak Mempunyai Anak Akibat Kista Syapar Alim Siregar, Nurhidayah Matondang &
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.v2i2.3764

Abstract

Law Number 1 of 1974 has explained the breakdown of marriage in article 38, one of which in letter (b) is divorce. Then, the reasons for divorce are clearly explained about the things that can be used as strong reasons for the parties to file a divorce to the Religious Court. As happened in case Number 203/Pdt.G/2020/PA.Pyb, the Petitioner (Ikhsan Ikhwandi Nasution/husband) submitted a request for divorce to the Panyabungan Religious Court on the pretext that the Respondent (Nurul Huda Hasibuan/wife) did not have children due to illness cyst he had. The type of research used is qualitative-descriptive research. The approach method used in this research is the juridical-empirical method, by analyzing the problem by combining legal materials (secondary) with primary data obtained from the field. The conclusion obtained in this study is that this decision is correct in terms of proof, seen from the fulfillment of the material and formal requirements. If viewed from the material requirements, the judge saw the correspondence between the petition and the witness testimony. The juridical review of the judge's decision was generally correct. Where the judge judge did not emphasize the cause of his divorce in terms of not having children due to his cyst disease, but rather on the side of husband and wife quarrels which in Arabic terms is called  syiqoqwhich occurs continuously, because at the time of evidence at trial the Petitioner did not present authentic evidence in the form of a certificate from a doctor. Meanwhile, if viewed from the formal requirements, the judge decided the divorce case was more due to the fulfillment of the elements of article 19 letter (f) of Government Regulation Number 9 of 1975 concerning the implementation of the Marriage Law and Article 116 letter (f) of the Compilation of Islamic Law and 39 of law number 1 of 1974. 
Pemanfaatan Tanah Belum Lunas Nursaidah, Nursaidah; Hasibuan, Zulfan Efendi
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.v2i4.4245

Abstract

The problem of this research is basically a review of Islamic law on the use of the object of buying and selling land that has not been paid off in Simangambat Village, Siabu District, Mandailing Natal Regency. The formulation of the problem of this research is the use of the object of sale and purchase that has not been paid off by the buyer of the land and the view according to Islamic law. The purpose of this study was to find out how Islamic law reviews the utilization of the object of buying and selling land that has not been paid off in Simangambat Village, Siabu District, Mandailing Natal Regency.The basic theory used in this study is the understanding of buying and selling, the legal basis of buying and selling, the pillars and terms of buying and selling, various kinds of buying and selling, the wisdom and benefits of buying and selling, elements of negligence in buying and selling, forms of buying and selling, obligations of sellers and buyers , understanding of buying and selling credit, the legal basis of buying and selling credit, terms and conditions of buying and selling credit, and the consequences of buying and selling credit.This research is a field research, research used to collect data on phenomena that occur, natural and scientific. The data sources of this research are primary data and secondary data. Research data collection techniques using field studies (observations, interviews and documentation) and library studies. And use a systematic discussion.The results of the research that are expressed in the thesis entitled Islamic law review on the use of the object of buying and selling land that have not been paid off in Simangambat village, Siabu district, Mandailing Natal district are the terms and pillars of buying and selling are in accordance with Islamic law but the problem here is that the buyer does not occupy the agreement that has been made at the beginning of the transaction and here the seller feels aggrieved and causes a broken promise.
Pelayanan Jasa Angkutan Ditinjau Dari KHES Lubis, Nurhalimah
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.v3i3.5640

Abstract

Madina Utama Travel is a company in the form of a CV that offers travel and tourism agents using cars with white paint. The formulation of the research problem is how the services provided by CV. Madina Utama Travel on passenger delivery? And how is the review of the Sharia Economic Law Compilation on the services provided by CV. Madina Utama Travel to passengers?. The purpose of this study was to obtain answers on how the services provided by CV. Madina Utama Travel and get answers on how the Sharia Economic Law Compilation review of the services provided by CV. Madina Utama Travel for passengers. According to KHES in Article 20 paragraph 1 what is meant by Akad is an agreement in an agreement between two or more parties to perform and or not to perform certain legal actions. This research is a field research that uses a descriptive qualitative approach in data collection. The data collection used in this research is the interview method (interview) observation method and documentation. Madina Utama Travel and passenger tickets. The time to conduct this research is about 2 months and the location of this research is on Jalan Jenderal Sudirman in front of the Sari Putra College, Sadabuan, Padangsidimpuan. The subject of this research is CV. Madina Utama Travel, driver and passenger. The terms of the contract have been fulfilled in accordance with the Sharia Economic Law Compilation. However, the driver violates the principle of trust and the principle of mutual benefit, resulting in breaking the promise made by the driver to the passenger, namely not delivering to the destination. This makes passengers feel disappointed because they are not delivered to their destination which is detrimental to time and costs. The driver did not carry out the agreed contract so that he did not carry out the services applied in CV. Madina Utama Travel.

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