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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 228 Documents
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Tradisi Mangolat Ditinjau Dari Hukum Islam Harahap, Leha Elisa; Harahap, Ikhwanuddin; Siregar, Syapar Alim
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.v3i1.5081

Abstract

Mangolat boru is an event to confront the bride and groom before the bride's departure to the namboru's house (in-law) which is carried out by the namboru's son from the bride as a farewell so that there is a pangolat wage or money. Pangolat money will be given by the men to the namboru from the women. the wages or pangolat money given by the groom is not enough, so the namboru child of the bride continues to hold and ask for more mangolat wages to the groom. In addition to slowing down, sometimes the time of the mangolat jam approaches the Maghrib call to prayer, which is where the implementation of this mangolat still continues. The purpose of the study was to find out how Islamic law reviews the mangolat tradition in marriage customs in the Bondar flower family, Sipirok district, South Tapanuli district and to find out the implementation of the mangolat tradition in the community of Bunga Bondar village. This type of research is field research. Research conducted in collecting data on phenomena that occur, is natural and scientific. The data collection of this research uses observational field studies, interviews, as well as documentation and libraries, and uses a systematic discussion. The results revealed in the thesis entitled Mangolat Tradition in Marriage Customs in the Bunga Bondar Village, Sipirok District, South Tapanuli Regency is that the mangolat custom tradition carried out by the community has been carried out for generations in various generations, this mangolat event is the last event in the implementation of the mandatory custom. carried out in a wedding ceremony, with that wages or money pangolat will always be a complement to the implementation of the mangolat pickle, where the mangolat event will take a lot of time so that the departure of the bride and groom will take a long time due to the implementation of this mangolat event.
Koalisi Partai Nasionalis dan Partai Islam Pilkada Labuhan Batu Tahun 2020 Ditinjau Menurut Fiqh Siyasah Nurhaliza, Siti
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.v3i5.6199

Abstract

This study examines the Implementation of the Nationalist Party and Islamic Party Coalition in the 2020 Labuhanbatu Regency Election, then the considerations made by the Nationalist Party and Islamic Party to Choose a Coalition in the Labuhanbatu Regency Election 2020. This research is a field study research with a qualitative approach, Data sources The primary ones are: the Prosperous Justice Party, the Indonesian Democratic Party of Struggle, the Hanura Party, the National Awakening Party and the KPU in the election of regional head candidates in Labuhanbatu Regency in 2020 and also the winning team for the pair H. Erik Atrada and Ellya Rosa. Secondary data sources are books and documents, observation data collection techniques, interviews and documentation, data analysis techniques using qualitative descriptive. The results of this study indicate that the formation of the coalition that was built between the Nationalist Party and the Islamic Party was not based on ideological similarities but, vision, mission and background as a candidate for Regent which became the basis for forming a coalition. In addition, the support of 20% from a combination of political parties is also one of the reasons for the formation of a coalition which is a requirement for candidacy through the Coalition route. The form of this coalition is a coalition that meets the KPU's requirements with the support of 20% of the DPRD seats.
Pemberian Nafkah Anak Ditinjau Dari Undang-Undang No. 23 Tahun 2002 Tentang Perlindungan Anak Ariansyah, Yudi; Harahap, Ikhwanuddin; Sirait, Adi Syahputra
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.v4i1.7978

Abstract

This study examines how the responsibility for child maintenance after divorce and the factors behind the father not providing a living for the child after divorce in Silandit Village, South Padangsidimpuan District, Padangsidimpuan City. This type of research is field research with a qualitative approach. Primary data sources are research data sources obtained directly from the original source in the form of interviews with the Lurah and the community who are the object of research in Silandit Village, while secondary data can be in the form of books, Al-Qur'an, Journals, and other sources that related to research. Data collection techniques are by doing 3 methods in this study, namely by interview, observation, and documentation. The data analysis technique in this study is descriptive qualitative, namely describing, and summarizing various conditions, situations from various data collected, in the form of interviews and documents regarding the problems studied that occur in the field. The results of research on parental responsibility for children's livelihood after divorce in Silandit Village, there are three results, first: parents do not provide a living for their children after divorce and give it to their grandmother, Second: parents provide maintenance for their children but do not every month, Third: parents are irresponsible and neglect their obligations as a father. The factors behind parents not providing a living for their children are economic factors, psychological factors, parents remarrying factors, irresponsible factors, female parents being able to provide children's living expenses.
Preferensi Politik Pada Pemilihan Kepala Desa Muhammad Arsad Nasution, Ihwan Sormin & Fatahuddin Aziz Siregar &
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.v1i2.3304

Abstract

This study aims to determine what the people's political preferences are in the election of the Head of Huta Baru Village, Huta Baru District, South Tapanulli Regency. The formulation of the problem raised in this study is whether the community's political preferences in the election of the Head of Huta Baru Village, Kuantan Tengah District, Kuantan Singingi Regency.The data collection technique used is in the form of a questionnaire, namely a list of questions where the respondent just chooses the answers that the researcher has provided. The samples taken in this study were 100 people from the Huta Baru Village community.To test the correctness of the research, researchers used descriptive-qualitative data analysis techniques. Descriptive-Qualitative, namely analyzing the data obtained based on reality and then linked with a theory that supports the discussion, so that it can explain the causes and effects that affect political participation in the village. This descriptive analysis begins with data collection, data presentation, data analysis and finally drawing conclusions. The indicators in this study are the presence of stimuli, someone's characteristics, social care and high social status.The results of the study proved that the stimulant indicator was more dominant as a political preference in the election of the Head of Huta Baru Village, Batang Toru District, South Tapanuli Regency.
Penentuan Upah Nelayan di Kelurahan Pancuran Bambu Tanjung, Budiansyah; 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.v2i3.3986

Abstract

Wage is money that is paid in return for services or competasion for losses received by the workes for the outpouring of their labor to other people who have the status of toke (employer). As for the problem in this study, the part of determining the wages of fishermen in the Pancuran Bambo Village Sibolga District Sambas Sibolga City in the perspective of Muamalah Fiq, this type of research is a qualitative field research that is sourced from fact finding from the field in addition using interview methods and observation methods and also looking for facts from legal materials. This study aims to abtain accurate data on how to determine the wages of fishermen in the Pancuran Bamboo Village Sibolga District Sambas City Sibolga City competasion of losse receavid by the workes this type of reseach is qualitative. The results of this study explain that the determination of fishermen’s wages in the Pancuran Bamboo Village Sibolga Sambas District Sibolga City is not in accordance with Islamic rules, which in the Qur’an and hadith giving wages to workers must be given as soon as possible and do not delay the wages of workers, the wages of fishermen in the Pancur Bambo Village Sibolga, this study to works this type of research is given as soon possible and do not deley the wages of workers.
North Padang Lawas District Regulation Siregar, Ramadani; Nasution, Muhammad Arsad
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.v2i5.4409

Abstract

This research is entitled Implementation of North Padang Lawas District Regulation Number 9 of 2016 Article 55 Concerning The Duties, Powers, Rights and Obligations of Village Head in Batang Onang Baru. The formulation of the problem in this research is How is the implementation of the Regional Regulation of North Padang Lawas Regency Number 9 of 2016 Article 55 concerning the duties, powers, rights and obligations of the Village Head, and what are the factors that influence the implementation of the duties and authorities of the Village Head in Batang Onang Baru Village. To obtain the results of this study, the researcher used a descriptive field research type. The data sources in this study were the Batang Onang Baru village apparatus and PKK members and the community. Secondary data in this study is data taken as supporting primary data without having to go directly to the field, including official documents, legal books, journals and articles related to this research. Based on the results of the study, it is known how the implementation of the implementation of the regional regulation of the North Padang Lawas Regency No. 9 of 2016 concerning the duties, authorities, rights and obligations of the village head in Batang Onang Baru. In its implementation it has not been effective because it is not in accordance with the provisions. The factors are that there is no legal counseling on community empowerment that is implemented through PKK, there is no inefficient supervision budget. And the implementation of the duties and authority of the village head in terms of fiqh siyasah, namely at the time of the Prophet, empowerment was carried out through a process of education and the liberation of slaves that all humans were equal in the sight of Allah.
Hak Kepemilikan Sisa Jahitan Ditinjau Dari KHES Yusriani, Yusriani
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.v3i3.5651

Abstract

Sewing is the process of putting together pieces of fabric that have been cut based on a pattern. The sewing technique used must be in accordance with the design and materials, so that the sewing results are good and of good quality. The steps taken in the sewing process are: Prepare the sewing tools needed, such as sewing machines, hand needles, pins, pendedels, and irons. This research is a field research that directly takes data from the research location by using data sources, namely primary data and secondary data. The data collection used in this study is in the form of in-depth interviews (in-dept interviews) directly to tailors and customers. The time to conduct this research is about 2 months and the location of this research is in Hutagodang Muda Village, Siabu District, Mandailing Natal Regency. The subjects of this research are Tailors and their Customers. The results showed that the implementation of the ownership rights for the remaining stitches in Hutagodang Muda Village, Siabu District, Mandailing Natal Regency contained a lack of understanding of the law regarding the remaining stitches between the tailor and the customer, because the tailor did not return the remaining stitches to the customer measuring 1 meter, and this tailor processed the stitches. back the remaining stitches into a stitch, such as shirts, footwear, and hijab brooches, and she took advantage of the remaining stitches. In the Review of the Compilation of Sharia Economic Law on Ownership Rights of Remaining Stitches in Hutagodang Muda Village, Siabu District, Mandailing Natal Regency, where the ownership rights for the remaining stitches, if the customer gives or allows the remaining stitches to be owned by the tailor, the tailor has the right to rework the remaining stitches. that. However, if the customer does not give the remaining stitches to the tailor, then the tailor has no right to reprocess the remaining stitches.
Mekanisme Penggantian Kepala Desa Hasibuan, Siti Aisyah; Gunawan, Syafri
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.v3i1.5092

Abstract

Implementation of the Regulation of the Minister of Home Affairs Number 66 of 2017 Article 8 Concerning the Mechanism of Replacement of Village Heads in Matondang Village, Ulu Barumun District, Padang Lawas Regency". The replacement of the village head is a stage that is carried out when the term of office of the village head has ended, whether it is the end of the term of office because the village head resigns, dies, requests himself or is dismissed. The formulation of the problem in this study is how to implement the Minister of Home Affairs Regulation number 66 of 2017 article 8 regarding the replacement of village heads in Matondang village, Ulu Barumun district, Padang Lawas district?, and what are the factors that hinder the implementation of the Minister of Home Affairs Regulation number 66 of 2017 article 8 regarding the replacement of the village head in Matondang village, Ulu Barumun sub-district, Padang Lawas district?. This research is a type of qualitative research, Qualitative research emphasizes efforts to answer research questions through formal argumentative ways of thinking. This type of research is research in the form of field studies or field research.In this study, the researchers found that the mechanism for replacing the village head in Matondang Village, Ulu Barumun sub-district, Padang Lawas district, was an important thing that must be done in the village government so that there was no vacancy in the village head position. The community considers that the replacement of the village head in Matondang Village, Ulu Barumun District, Padang Lawas Regency has been in accordance with the applicable stages or mechanisms, but the majority of people consider it not in accordance with the Implementation of the Minister of Home Affairs Regulation No.
Konsep Kompilasi Hukum Ekonomi Syariah Terhadap Gaji Buruh Di Desa Sawah Mudik Kecamatan Ranah Batahan Roah, Inim; Simanjuntak, Dahliati
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.v3i6.6652

Abstract

This research examines how the determination of workers' wages in the village of Sawah Mudik is reviewed according to the Compilation of Sharia Economic Law. The research method used is field research with a qualitative approach. Primary data sources, namely primary data sources in this study are male workers, female workers and land owners while secondary data is from books and scientific journals that are considered relevant to this research. data collection techniques with observation, interviews and documentation, with qualitative descriptive data analysis techniques. The results of this study are that the wages given by the employer to farm laborers in Sawah Mudik Village, Ranah Batahan District, West Pasaman Regency, if they work all day are IDR 70,000.00, if the workers are given lunch by the employer and if the workers bring their own lunch, the workers receive a wage of IDR 80,000.00. Meanwhile, the wages that female workers get if they work all day are IDR 50,000.00, if the workers are given lunch by the employer and if the workers bring their own lunch, the workers receive IDR 60,000.00. The wages made by the Sawah Mudik village community are in accordance with the review of the compilation of Sharia economic law if Mu'ajir has made a difference in wages between male and female farm workers on the basis that female farm workers often arrive late, men are more responsible for earning a living for his family and the majority of men do their jobs faster. If the mu'ajir gives a difference in wages between male and female farm workers on the basis of following customs that have become the customs of the local community without considering the above factors even though the type of work and the workload of male and female farm workers are the same. So in Sharia Economic Law it is not allowed because the Koran does not recognize differences between men and women because before Allah men and women have the same degree of position and what distinguishes between men and women is only their faith and piety. So this will be detrimental to farm workers and can cause harm.
The Analysis of The Decision No. 1706/Pdt.G/2020/PA.Mdn. Based on The Decision No. 93/PUU-X/2012 Siregar, Muhaimin Nur; Siregar, Fatahuddin Aziz
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.v4i2.9600

Abstract

This research discusses regarding the sharia economic dispute resolution based on akad which usually occures, with analyzed of the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. according the Constitutional Court Decision No. 93/PUU-X/2012 regarding sharia economic dispute resolution based on akad. The type of this research is library research and in the form of normative legal research. The research approach uses statute approach and case approach with theoretical review by pure theory of law and positivism theory of law. The primary legal materials consist of UUD 1945, KUHPerdata, Law No. 21 of 2008 regarding the Sharia Banking, Law No. 3 of 2006 regarding Religious Courts, Law No. 30 of 1999 regarding Arbitration and Alternative Dispute Resolution, Law No. 3 of 2004 regarding the Constitutional Court, Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. and Constitutional Court Decision No. 93/PUU-X/2012. The secondary legal materials are books, thesis, and law journals according to the research problems. The colecting datas technique is documentation and the analysis technique uses desciptive analysis. The result of this reseacrh shows that the consideration of the Medan Religious Court Judges’ on the decision No. 1706/Pdt.G/2020/PA.Mdn. who declares that It was not authorized to try the lawsuit based on the explanation of Article 3 of Law No. 3 of 1999 which principally states that the court  is not authorized to try between parties who have been bound in an Arbitration akad and the Constitutional Court Decision No. 93/PUU-X/2012 does not make it has no legal force. Because the two legal standing is separated. Then, by reviewing of the Constitutional Court Decision No. 93/PUU-X/2012 toward the Medan Religious Court Decision No. 1706/Pdt.G/2020/PA.Mdn. regarding the sharia economic dispute resolution based on akad is contradict with law according to the pure theory of law and positivism theory of law. Because the explanation of Article 55 paragraph (2) of Law No. 21 of 2008 that stated sharia economic dispute resolution through arbitration contradict  with  UUD 1945.Sharia Economic Dispute, Dispute Resolution, Akad

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