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Nurdin Nurdin
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Program Pascasarjana Universitas Islam Negeri (UIN) Datokarama Palu Jalan Diponegoro Nomor 23 Kota Palu, Provinsi Sulawesi Tengah Kode Pos: 94221
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INDONESIA
International Journal of Contemporary Islamic Law and Society
Published by Universitas Islam Negeri DATOKARAMA PALU
ISSN : 27158268     EISSN : 27154580     DOI : 10.24239/ijcils
Core Subject : Religion, Social,
Religion Social Sciences
The International Journal of Contemporary Islamic Law and Society provides an academic forum on topics of Islamic law as a social phenomenon in the contemporary era, in Muslim and non-Muslim countries. The International Journal of Contemporary Islamic Law and Society encourages discussion on branches of Islamic law, both theory and practice, from juridical, social, economic, political, and humanities perspectives.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 73 Documents
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Optimizing the Role of Productive Waqf in Realizing the Welfare of the People of Palu City khairunnisa; Nurdin, Nurdin; Malkan, Malkan
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 1 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss1.90

Abstract

This article discusses optimizing the role of productive waqf in Palu City and the factors inhibiting maximizing the role of productive waqf in the welfare of the people of Palu City. This research uses empirical legal research with a qualitative approach. The data collection technique is by direct observation at the Indonesian Waqf Board in Palu City, then by conducting interviews and documentation to complete the research information. The data analysis techniques used are data reduction, data presentation, and conclusion from general to specific. The results of this research explain that the optimization of productive waqf operations in Kolta Palu is carried out in various ways to promote community welfare, namely continuous socialization. Activities are also deliberately carried out to ensure the existence of new wakifs (waqf). Asset mobilization means looking for ways to consolidate public assets into waqf assets. The Indonesian Waqf Board has increased the capacity of recipients of waqf assets (Nazir). They will be trained and developed by the Indonesian Waqf Board to manage the waqf assets that have been allocated. Second, productive waqf in Palu has so far not been running optimally, and this collaboration is due to several contributing factors, namely the problem of the community's understanding of waqf procedures, waqf administration and management, waqf property, waqf nazir and budget funds for registration of land certificates.
Obligations of a Husband with Convict Status from the Perspective of Islamic Law and Positive Law Isman, Isman; Lukman S. Thahir; Usdar Suwandi; Ikram, Ikram
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 2 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss2.100

Abstract

This study aims to investigate the obligations of a husband with convict status from the perspective of Islamic law and positive law. This study used a case study qualitative method. Data were gathered through direct observation, in-depth interviews, and written document analysis. Data were analyzed using the thematic approach outlined by Corbin and Strauss. The results of this study show that The implementation of the obligation of physical support by a husband who has the status of a prisoner in the penitentiary is divided into three groups, namely first, it is carried out on the grounds that there is a form of effort made by the prisoner's husband, such as a business that is still running and producing results that the wife can use to meet her daily needs. The obligation of support for a husband who is serving a sentence does not conflict with Islamic law and Positive law even though, on the one hand, he still has the status of a head of the family who has obligations that must be fulfilled. Islam views this as three legal provisions, namely the first is that the obligation of support remains, the second is that the obligation of support becomes a debt, and the third is that the obligation of support is terminated.
Escalation of Divorce Suits From Wives Against Husbands From the Perspective of Maqashid Syari'ah Case Study in Lore Utara District, Poso Regency Talla, Tamrin; Kamaruddin, Kamaruddin; Fatimawali, Fatimawali; Gazali, Gazali
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 2 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss2.101

Abstract

The divorce rate in Indonesia continues to increase, as data shows that in 2021, there were 447,743 divorce cases, with 75.34% of them being divorce lawsuits filed by wives. This phenomenon is no exception in North Lore District, Poso Regency, where divorce lawsuits have increased significantly in the last three years. This study aims to analyze the main causes of the escalation of divorce lawsuits by wives against husbands in the area from the perspective of Maqashid Syari'ah. Data shows that domestic conflicts are often triggered by violations of the husband's rights and obligations, domestic violence, and unmanaged differences in character. In addition, the quality of marriage advice, which is still formal, contributes to the weak readiness of couples to face the challenges of marriage. Through a qualitative approach, this study found that the wife's increasing awareness of her rights is a significant factor in filing for divorce. This study emphasizes the importance of improving the quality of marriage advice based on Maqashid Syari'ah to prevent domestic conflict and maintain family integrity.
Legal Analysis of Judge's Determination on Marriage Dispensation Applications After the Issuance of the Supreme Court Regulation of the Republic of Indonesia Number 5 of 2019 Duwirdja Haris; Akbar, Muhammad; B, Taufan; Suhri Hanafi
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 2 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss2.102

Abstract

Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Trialing Applications for Marital Dispensation after it is enacted, clearly describes the procedures and conditions for applications, how to settle cases, and submitting legal remedies. The purpose of this study is: to analyze the law on judge decisions and to understand the judge's considerations in taking the dispensation of marriage after the birth of Perma Number 5 of 2019 in Determination Number 28/Pdt.P/2021/PA.Pso at the Poso Class II Religious Court. The method used is because it is a type of empirical legal research; it uses a qualitative approach because the problems relate to humans, which fundamentally depend on observations whose research design uses field research by conducting observations, interviews, and documentation to the parties at the research location. The results of this study indicate that the judge used the legal analysis in case Number 28/Pdt.P/2021/PA.Pso uses maqashid al-Syari'ah and statutory regulations that are interconnected and sorted according to degree and year of publication. Regarding the judge's consideration in deciding case Number 28/Pdt.P/2021/PA. Pso used psychological considerations, and there was no compelling reason that what the Petitioner wanted so that his request was granted turned out to be rejected because of these considerations. The implication is that judges at the Poso Class II Religious Court are encouraged to attend training/guidance as Juvenile Judges so that they are more progressive in demonstrating their capacity to understand Islamic Law by matching it with statutory regulations in analyzing cases of the dispensation of marriage. Parents are advised to play an important role in providing supervision and attention to children in order to avoid things that deviate due to promiscuity and the government's role in socializing the age limit for marriage.
Islamic Law Perspective of the Practice of Marriage Guardianship in the Karamat Community, Buol Regency Sakur, Irwan; Nasaruddin, Nasaruddin; Gani Jumaat; Nurkhaerah, Nurkhaerah
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 2 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss2.103

Abstract

This study examines the practice of Taukil Wali nikah in the Karamat community, Buol Regency, from the perspective of Islamic law. This phenomenon arises when the lineage guardian, especially the biological father, often delegates the right of guardianship to the penghulu or local religious figure, without going through procedures involving the Religious Affairs Office as regulated in Islamic law. A qualitative approach was used to explore the background, process, and perceptions of the community regarding this practice more deeply. The study results indicate that the Karamat community views the practice of Taukil Wali nikah as a socially and religiously legitimate tradition. However, it often does not follow the officially established order of guardians. This custom is based on the principle of mutual assistance permitted in Islamic law, although normatively, the position of the lineage guardian remains prioritized. This practice shows a shift in the understanding and application of Islamic law at the local level, which can cause conflict in families if not managed properly. This study contributes to the study of Islamic law related to marriage guardianship by highlighting local dynamics and the importance of legal education to maintain harmony between tradition and syariat.
Implementation of Prospective Bride and Groom Courses in North Balantak District, Banggai Regency Jarudin , Jarudin; Hilal Malarangan; Yamani, Gasim; Hamiyuddin, Hamiyuddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 2 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss2.104

Abstract

This study aims to evaluate the implementation of prospective bride and groom courses in Balantak Utara District, Banggai Regency, focusing on efforts to improve household quality through pre-marital counseling. The high number of divorce cases and the large number of unregistered marriages, as well as the low public awareness of Islamic teachings and the fulfillment of basic needs, indicate the need for prospective bride and groom courses as a means to improve family conditions in this area. The study used a qualitative approach with data collection techniques through observation, in-depth interviews, and document analysis. The results showed that implementing prospective bride and groom courses in Balantak Utara District consisted of three stages: guidance at the KUA, health guidance at the Community Health Center, and further guidance by education practitioners and counselors. However, the implementation of pre-marital guidance at the KUA was not optimal, with shortcomings in delivering material on harmonious family relationships and preparation for a quality generation. Meanwhile, guidance at the Community Health Center has been implemented quite well regarding reproductive health and healthy lifestyles, but further guidance has not been fully implemented. This study suggests the need to improve facilities and infrastructure as well as competent teaching staff to support the achievement of a harmonious family in Balantak Utara District
Problematics of Determining the Lineage of Children Born Before Marriage Rifal Muhammad; Marzuki, Marzuki; Ida Lestiawati; Dicki Patadjenu
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 6 No 2 (2024)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol6.Iss2.105

Abstract

This study discusses the problems of determining the nativity of children born out of wedlock. The method used in this study is qualitative phenomenological research. Phenomenological qualitative research is a research procedure that produces descriptive data based on people's spoken words, observable behavior, and actual problems in society. The authors collected data through direct observation, in-depth interviews, and written material analysis. Data analysis follows three stages: data reduction, presentation, and verification. In this study, the research subject is the phenomenon of children born out of wedlock and the determination of their lineage. The results of this study show that the father cannot completely rely on the determination of the fate of a child born out of wedlock. This refers to the Jumhur or agreement of the majority of ulama. Determining the birth of a child who is pregnant out of wedlock rests entirely with the mother, however, the marriage of a woman who is pregnant before married can still be appropriately registered. Remembering that every child has the same rights. After conducting research and analysis, the authors have suggestions that can be input to the Bunta District Religious Affairs Office, Banggai Regency, namely as follows: The Bunta District Religious Affairs Office, Banggai Regency, is expected to be able to carry out more effective outreach and strive to provide education on certain activities to avoid cases of pregnancy out of wedlock. The sub-district and village governments approach religious values so that things that trigger promiscuity can be avoided as early as possible. The implications of this research are that it is hoped that it can make a contribution to society in general and students in particular, such as teenagers so that they can refrain from immoral actions that can harm society and religious norms.
Shari’a Reservations in The Eyes of The Vienna Convention on The Law of Treaties Bateel Naif Yamani
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 7 No 1 (2025)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol7.Iss1.119

Abstract

The author tackles the concept of reservations under The Vienna Convention on The Law of Treaties of 1969, as an approach to achieve universality in the international legal sphere. The instrument in question can be an enabling tool that helps with development of international treaties, and motivates states globally to participate as active actors within the international system. Although many legal experts expressed their concern toward the usage of reservation, the contentious use of Shari’a reservations is faced with even a greater one. Although met with worries of hindering the effectiveness of international conventions, Shari’a reservations is seen as an imperative part of treaty development in the eyes of state sovereignty. The literature shows how reservations have been beneficial under Islamic law to Middle Eastern countries, serving Islamic states and enabling them to become active international actors.
Lineage Compatibility (Kafa’ah Nasab) in the Marriage of Sayyid and Syarifah: Between Tradition and Modernity (A Study on the Polewali Mandar Branch of Rabithah Alawiyyah) Istiqamah, Intan; Budiman, Budiman; Aris, Aris; Mutmainnah, Iin; Abd. Karim Faiz; Makmur, Makmur
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 7 No 1 (2025)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol7.Iss1.120

Abstract

Kafa'ah means being equal, balanced, and compatible. This abstract discusses the importance of the principle of Kafa'ah in marriage, particularly in the context of choosing a spouse who is compatible in social, moral, and economic aspects. Kafa'ah is recognized by scholars from the four Islamic schools of thought, each with different views on its application. The Hanafi, Maliki, Shafi'i, and Hanbali schools emphasize different aspects of religion, lineage, social status, and economics. The author also highlights the practice of Kafa'ah among the Habaib (Ahlul Bayt), especially in preserving the lineage of the Prophet Muhammad, where a Syarifah is expected to marry a Sayyid to maintain the family lineage. Although Kafa'ah in marriage aims to preserve household harmony, marriages are still considered valid even if the couple is not equal in lineage. In Indonesia, organizations like Rabithah Alawiyyah play an important role in preserving the traditions and welfare of the Alawiyyin community, including in matters of Kafa'ah lineage. This research examines the views of the Habaib on Kafa'ah lineage as a primary condition for the marriage of Sayyid and Syarifah.
Online Gaming and Virtual Property Transactions From an Islamic Perspective A. Adib Dzulfahmi; Tutik Hamidah
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 7 No 1 (2025)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol7.Iss1.121

Abstract

This study examines the social conditions of online gaming and the transactions of virtual property within it from an Islamic perspective. Online gaming has become a global phenomenon impacting various aspects of life, including social, economic, and spiritual dimensions. Transactions involving virtual property such as the purchase of accounts, items, or in-game currencies have emerged as a new trend; raising legal questions in Islamic jurisprudence. This research employs a qualitative approach with a normative literature review to analyse the rulings on online gaming and virtual transactions based on the principles of maqashid syariah. The findings indicate that the original ruling on online gaming is mubah (permissible). However, it can shift to makruh (disliked) or haram (prohibited) if it negatively impacts religious obligations, social relationships, or economic responsibilities. Similarly, the trade of virtual property is considered valid and lawful (halal) as long as it meets the pillars and conditions of trade in Islam; such as clarity of the object, utility, and ownership. This study aims to serve as a reference for understanding the social impacts of online gaming and to provide a contextual Islamic legal framework for addressing developments in digital technology.

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