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Pemanfaatan Gadai Boat Dalam Pandangan Fiqh Muamalah Nurhabni Nurhabni
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

The people of Jawi-Jawi village in meeting the needs of living work as farmers, laborers and entrepreneurs, because of the many needs, some local people are looking for alternative ways to meet their needs by pawning their valuables, according to local habits, the goods that are pawned will be taken advantage of by the local community. pawnee. The purpose of this study was to determine the view of muamalah fiqh on the use of pawns.Pawn (rahn) is a category of debt-receivable agreements, and the practice of this pawn has existed since the time of the Prophet Muhammad, Pawn in fiqh mu'amalah is known as the word ar-rahn, which is storing an item as debt dependent.This type of research is field research, a descriptive approach, which aims to describe a situation and event based on the facts that occur in the field to obtain conclusions. The subjects in this study were rahin and murtahin who made use of pawn boats, then the data collection technique in this study was snowball sampling using interviews. To get the results of the study, the authors conducted interviews and observations to rahin and murtahin, religious leaders and the people of Jawi-jawi Village.The results of the study indicate that the pledge made by the Jawi-Jawi community in terms of the contract and its pillars has fulfilled what has been described in the muamalah fiqh study, but when viewed from the goods that are used as collateral, the murtahin uses it which causes deviations in the practice of pawning, it is a habit of the local community due to the lack of knowledge about how the collateral should be treated by rahin and murtahin parties.

Putusan MK Yang Bersifat Positif Legislature Ramadhan Siddik Pane; Puji Kurniawan
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

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.

Persalinan Harus Dilakukan di Fasilitas Kesehatan Mutiah Nasution
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

This study discusses the implementation of the Regulation of the Minister of Health Number 97 of 2014 Article 14 Paragraph (1) concerning Childbirth Must Be Performed at Health Service Facilities in Batang Gadis Village, Panyabungan Barat District, Mandailing Natal Regency. This research is motivated by the low utilization of health services in pregnancy and childbirth examinations, whether it is health centers or hospitals or existing health service facilities and infrastructure, causing implementation that is not in accordance with existing regulations. This type of research is a field research using a qualitative descriptive analysis method. The method of collecting data in this research is by interview and documentation in accordance with the provisions contained in the Regulation of the Minister of Health Number 97 of 2014 Article 14 Paragraph (1) concerning Childbirth Must Be Done at Health Service Facilities in Batang Gadis Village, West Panyabungan District, Mandailing Regency. Christmas. The parties studied were the Mandailing Natal Health Office, the West Panyabungan Health Center and the community of Batang Gadis village, West Panyabungan District, Mandailing Natal Regency. The results of the study stated that the implementation of the Regulation of the Minister of Health Number 97 of 2014 Article 14 Paragraph (1) concerning Childbirth Must Be Done at Health Service Facilities in Batang Gadis Village, Panyabungan Barat District, Mandailing Natal Regency has not been implemented properly because many people in Batang Gadis Village still give birth. in non-health care facilities and choose to use traditional methods such as using the services of a traditional birth attendant (traditional traditional birth attendant) where delivery is carried out at home.

Maqashid Ash-Sharia Principles In Child Protection Riska Harnysah Harahap; Risalan Basri Harahap
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

Maqashid Asy- Sharia aims to realize the benefit of man in the world and the hereafter. The principle of Maqashid Asy- Sharia consists of maintaining religion (hifzh al-din), nurturing the soul (hifzh al- nafs), Protection of reason (hifzh al-aql), nurturing offspring (Hifzh al-nasl) and maintaining property (hifz al-mal). The formulation of the problem from this study is how the concept of child protection in Law No. 35 of 2014 concerning Child Protection and How the principle of Maqashid Asy-Sharia in Law No. 35 of 2014 concerning Child Protection. The purpose of this study is to find out how the concept of protection of children in Law No. 35 of 2014 concerning Child Protection andTo find out how the principle of Maqashid Asy-Sharia in Law No. 35 of 2014 concerning Child Protection. The theory used in this study is a theory related to the principle of Maqashid Asy- Sharia in law no. 35 of 2014 concerning. Furthermore, the type of research used is library research, using a normative juridical approach. The results of the research obtained, namely, freedom to practice religion, are contained in article 6 of Law No. 35 of 2014, namely that every child has the right to worship according to their religion, thinking, and expression in accordance with their level of intelligence and age under the guidance of parents or guardians.It is found in (hifzh al-din maintains Religion. Children are a generation that needs to be given religious education so that they have a basic foundation in everyday life. Childcare is contained in article 7 of Law No. 35 of 2014, namely parents and families are responsible for nurturing, maintaining, educating, and protecting children. It is called (hifzh al- nafs). The protection of education is contained in article 9 of Law No. 35 of 2014 concerning child protection, namely that every child has the right to obtain education and teaching in order to develop his personality and his level of intelligence with his interests and talents is hifzh al -aql.

تطبيق الإيجارة المزرعة في قرية بينتوجو منظور عن فقه المعاملة Muhammad Yusuf Nasution
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

الإيجارة هي نشاط خاص بالمعاملة يتعلق بتوفير الأجور والإيجارة من خلال عقد محدد. في قرية بنتوجو، تتم ممارسة أنشطة الإيجارة من خلال عقد مضمون فيه. وأما عقود الإجارة التي غالبا ما تحدث في عقود الإيجارة الأراض الزراعية ، وفيها و نقود الثمن لا يجوز تنفيذها لشك أحد الأطراف، وهذا مخالف لممارسة المعاملة التي شرعها الإسلام. وجد الباحث مشاكل يجب دراستها على شكل: ماذا يقوم سكان قرية بنتوجو بممارسة النقود الثمن على أنشطة تأجير الأرض الزراعة؟كيف ترتبط المراجعة الفقهية بالمعاملة بممارسة النقود الثمن على أنشطة تأجير الأرض الزراعة في قرية بنتوجو؟.نوع هذا البحث هو بحث ميداني(field research) . طرق جمع البيانات على شكل مقابلات وتوثيق. أجريت المقابلات مع رئيس القرية، ومسؤول القرية، والمجتمع الذي نفذ الإتفاقية الإيجارة الأراض الزراعية. ثم يتم ترتيب البيانات التي قد جمعها بانتظام للحصول على استنتاجات من البحث. أما الخلاصة فيها كما يلي صعوبة الاقتصاد المجتمع الزراعة هي أسهل الأعمال التي يمكن القيام بها مقتضيات من ضرورات الحياة الأراض الممتدة لا تضمن بالضرورة حياة الجيدة، وهذا لسبب في أن أصحاب الأراض يستخدمون النقود الثمن في تأجير الأرض الزراعية.يتضح من دراسة فقه المعاملة أن هذا النشاط يحتوي على عدة عيوب لدى الجهات التي تقوم به. في الشريعة الإسلامية، من السهل أيضًا على بعضنا البعض القيام بأنشطة المعامل مثل الإيجار لأن هذا جزء من حبل الناس. لأن نشاط المعاملة هذا هو شكل من أشكال المساعدة المتبادلة بين الكائنات الاجتماعية في التخفيف من احتياجاتهم. وعليه فإن فقه المعاملة يحرم الممارسات الضارة بين البشر وخاصة المسلمين. لذلك أمر في الفقه المعاملة لمساعدة إخوانهم من البشر، ولا تضرا بينهم

Peran Bimbingan Perkawinan Pranikah Terhadap Keutuhan Rumah Tangga Ronimah Rambe
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

The focus of this research is. The Role of Premarital Marriage Guidance on Household Integrity in Southeast Padangsidimpuan District, by raising two main issues, namely 1) What is the Process of Premarital Guidance for Married Couples in Southeast Padangsidimpuan District? 2) What is the Role of Premarital Marriage Guidance on Household Integrity in Southeast Padangsidimpuan District? The aim is to find out 1) the process of premarital guidance for married couples in Southeast Padangsidimpuan district 2) the role of premarital marriage guidance on household integrity in Southeast Padangsidimpuan sub-districtThis research is a Field Research study that uses data collection techniques, namely by means of: Observation, Interview, and documentation, then taking books related to this research such as Journals, Government Publications, as well as sites or other sources that support this research. The results of the research that the researchers got from the research site, the process of providing premarital marriage guidance carried out by the KUA, namely people who are about to get married must register themselves and their partners with the KUA and have completed the prescribed documents. Then the KUA will give invitations to prospective married couples to take premarital guidance for prospective bridal couples with the material of preparing a solid marriage towards a sakinah, mawaddah, warahmmah family, fiqh munakahat, (marriage, divorce, tahaharah and iddah), the rights of husband and wife obligations , and managing conflict and building family resilience. Premarital guidance materials are delivered through lecture, discussion, and question and answer methods.

Pelaksanaan Pengelolaan Aset Desa Reni Wahyuni
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

This study discusses the implementation of the Minister of Home Affairs Regulation No. 1 of 2016 concerning Management of Village Assets in Attitude Village, Muara Batang Gadis District, Mandailing Natal Regency. This research is motivated by the complaints of the village community of Attitudes about the Management of Village Assets sourced from the Company PT. Madina Agro Lestari yields from 10 hectares of core land or CSR (Corporate Social Responsibility) are not distributed as mutually agreed upon in the Realization of the Attitude Village Cash Garden, therefore the people of Attitude Village request that the company temporarily stop the results from the core land or CSR ( Corporate Social Responsibility) is caused by the distribution to the village government from the previous three years cannot be accounted for by the Village Head. This type of research is a field research using a qualitative descriptive analysis method. The method of collecting data in this research is by interview and documentation in accordance with the provisions contained in the Regulation of the Minister of Home Affairs No.1 of 2016 concerning Management of Village Assets in Attitude Village, Muara Batang Gadis District, Mandailing Natal Regency, which is related to the Implementation of the Ministerial Regulation Domestic Affairs No.1 of 2016 concerning Village Asset Management. The parties interviewed were the Head of Attitude Village, Manager of PT. Madina Agro Lestari, and the village community of Attitudes. The results of the study stated that the implementation of the Minister of Home Affairs Regulation No. 1 of 2016 concerning Management of Village Assets in Attitude Village, Muara Batang Gadis District, Mandailing Natal Regency had not been carried out properly, this can be seen from the form of implementation that has been determined by the Village Head, namely by carrying out market development traditional development that can create community economic growth, the construction of a soccer field gate is one of the developments that has not been carried out properly and, development in the field of education due to the absence of land acquisition to build schools from the junior and senior high school levels, besides that the government is also less trying to find solutions to this problem.

Pelaksanaan Pendamping Desa Menurut Permendes Ricky Wahyu Hasibuan
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

Village assistants are tasked with increasing community empowerment in a village, to assist the work of village assistants located at the sub-district level, it is necessary to have local village assistants (PLD) based directly in the village. Then the Regulation of the Minister of Villages, Development of Disadvantaged Regions and Transmigration Number 19 of 2020. This research is an empirical normative research, with data collection carried out by observation and interviews. To ensure the acquisition data, the credibility test, transferability test, depandibility test and confirmability test were carried out, then analyzed using inductive qualitative methods. Implementation of Village Minister Regulation No. 19 of 2020 article 10 paragraph 3 has not been effective because there are still many people who consider village assistants to be irresponsible after construction without any steps to take care of them. A review of siyasa fiqh on the implementation of the Village Minister Regulation No. 19 of 2020 article 10 paragraph 3 regarding the duties of village assistants can be seen from the side of the dusturiyah siyasa, namely the leader should oblige the community to obey and obey the rules that have been set. Factors inhibiting the implementation of the Minister of Village Regulation No. 19 of 2020 article 10 paragraph 3 is the knowledge of village assistants about their duties and responsibilities and many people do not want to know about the duties of village assistants. Factors supporting the implementation of the Minister of Village Regulation No. 19 of 2020 article 10 paragraph 3, among others are: 1) Management of basic social services, utilization of natural resources and appropriate technology, development of village infrastructure, and empowerment of rural communities. 2) Increasing the capacity of the Village Government or village community institutions in the development and empowerment of rural communities. 3) Organizing village community groups. 4) Capacity building for village community empowerment cadres and the creation of new cadres. 5) Assisting villages and communities in the participatory development of rural areas. 6) Coordination of facilitation at the sub-district level and reporting facilities on the implementation of mentoring.

HPI Perspective Child Abuse Analysis Muhammad Ridho Siregar
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

This research is backgrounded by the crime of obscenity against minors who have not reached the age of 18 years, such as the case that occurred at Batu Rusa Beach, Tabuyung Village, Muara Batang Gadis District, Mandailing Natal Regency. The repeated obscenity of two of his stepsons, in this case, the prosecutor charged him with imprisonment for 11 years and a fine of Rp. 100,000,000, while the judge sentenced him to imprisonment for 13 years and a fine of Rp. 100,000,000. The formulation of the problem in this study is how the judges consider in imposing criminals in the decision of the Mandailing Natal District Court number 2 / Pid.Sus / 2021 / PN.Mdl, How is the review of Islamic Criminal Law against the decision of the Mandailing Natal District Court number 2 / Pid.Sus / 2021 / PN.Mdl. The purpose of this study is to find out the judge's consideration in imposing a criminal in the decision of the Mandailing Natal District Court number 2 / Pid.Sus / 2021 / PN.Mdl, This research uses a descriptive qualitative method, namely research conducted to find out and study intensively the background of circumstances, community conditions, interactions of individuals, groups, institutions, and social groups. The data collection techniques used in this study are interviews, and documentation. The results of the study stated that the judge's consideration in decision number 2/Pid.Sus/2021/PN.Mdl was appropriate according to juridical and non-juridical considerations. The judge's consideration in decision number 2/Pid.Sus/2021/PN.Mdl according to the Islamic Criminal Law, the punishment that has been determined by the panel of judges is in accordance with the Islamic Criminal Law, namely ta'zir which in this case is the one with regard to independence in the form of imprisonment for 13 (thirteen) years and a fine of Rp. 100,000,000.00 (one hundred million rupiah) provided that if the fine is not paid, it will be replaced by imprisonment for 6 (six) months.

Transaksi Jual Beli Chip Game Online Higgs Domino Masjulita Ritonga; Nurhotia Harahap
Jurnal El-Thawalib Vol 3, No 4 (2022)
Publisher : IAIN Padangsidimpuan

Higgs domino online game chip buying and selling transactions are transactions that are mostly carried out by higgs domino online game players, these chip buying and selling transactions are the same as buying and selling transactions in general. And the purchase of the higgs domino online game chip is done through social media or directly to the seller of the higgs domino online game chip, and regarding the price of the higgs domino online game chip which is traded based on an agreement between the seller and the buyer. The formulation of the research problem is how to practice buying and selling online high-domino game chips? And what about the perspective of fiqh, muamalah, buying and selling online game chips, higgs domino?. The purpose of this study is to obtain answers about how the practice of buying and selling online game chips higgs dominoes and knowing how the fiqh muamalah perspective on buying and selling online game chips higgs dominoes. This research is a field research that uses a descriptive qualitative approach in data collection. The data collection used in this research is the method of interview, observation, and documentation. The time in this study was about 3 months and the location of this research was in the village of Wek II Silayang Laying, North Padangsidimpuan District. This chip sale and purchase transaction has clear consent and qabul between the seller and the buyer, but the object being traded does not meet the pillars of buying and selling because the object being traded contains elements of maysir.

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Mustafid

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+6285211335664

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Elthawalib@gmail.com

Editorial Address
JALAN T RIZAL NURDIN KM 4,5 SIHITANG PADANGSIDIMPUAN, Padangsidimpuan, Provinsi Sumatera Utara

Location
Kota padangsidimpuan,

Sumatera utara

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Mustafid

Contact Email fidmusta22@gmail.com

Phone +6285211335664

Journal Mail Official Elthawalib@gmail.com

Editorial Address JALAN T RIZAL NURDIN KM 4,5 SIHITANG PADANGSIDIMPUAN, Padangsidimpuan, Provinsi Sumatera Utara

Location Kota padangsidimpuan, Sumatera utara INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Mustafid

Contact Email
fidmusta22@gmail.com

Phone
+6285211335664

Journal Mail Official
Elthawalib@gmail.com

Editorial Address
JALAN T RIZAL NURDIN KM 4,5 SIHITANG PADANGSIDIMPUAN, Padangsidimpuan, Provinsi Sumatera Utara

Location
Kota padangsidimpuan,

Sumatera utara

INDONESIA