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Nurdin Nurdin
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nurdin@uindatokarama.ac.id
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ijcils@iainpalu.ac.id
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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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Kota palu,
Sulawesi tengah
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 85 Documents
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Problematics of the Biological Father’s Status as Guardian for a Child Born from an Extramarital Relationship : A Study at the Office of Religious Affairs of Palu City Halima Halima; Adam Adam; Ermawati Ermawati
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 8 No 1 (2026)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol8.Iss1.188

Abstract

This study examines the legal status of a biological father as a marriage guardian (wali nikah) for a child born out of wedlock and analyzes the practice of the Office of Religious Affairs (KUA) of West Palu in determining marriage guardianship. Using a qualitative field research approach, data were collected through interviews, observation, and documentation and analyzed descriptively. The findings show that under Islamic law and the Compilation of Islamic Law, a child born outside a lawful marriage has a legal lineage only with the mother and the mother’s family. Consequently, the biological father is not legally recognized as a valid marriage guardian. In practice, the KUA of West Palu determines that when a child is born less than six months after the marriage of the biological parents, the biological father cannot act as the marriage guardian, and a judicial guardian (wali hakim) must be appointed instead. However, from the perspective of child protection, particularly in light of Maqāṣid al-Sharī‘ah and the decision of the Constitutional Court of Indonesia No. 46/PUU-VIII/2010, there is room for reconsidering the role of biological fathers in protecting the civil rights of children born outside marriage. This study contributes to the discourse on the development of family law and marriage administration in Indonesia.
The Implications of Online Gambling on Family Integrity: An Islamic Law Perspective : A Case Study of the Community in Palu City, Indonesia Mohammad Fauzan; Nasaruddin Nasaruddin; Kamaruddin Kamaruddin
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 8 No 1 (2026)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol8.Iss1.189

Abstract

The rapid development of information and communication technology has provided various benefits to society; however, it has also contributed to emerging social problems, including the increasing prevalence of online gambling. This phenomenon affects not only individuals’ economic and psychological well-being but also family integrity and harmony. This study aims to analyse the implications of online gambling for family integrity in Palu City and to examine the phenomenon from the perspective of Islamic law. This research employs a qualitative empirical approach. Data were collected through observation, interviews, and documentation involving families affected by online gambling in Palu City. The data were analysed descriptively and interpretively using phenomenological and structural-functional approaches and were further examined through the framework of maqāṣid al-sharīʿah. The findings reveal that the primary motives for engaging in online gambling include curiosity, the desire for financial gain, entertainment, and addiction. The practice generates significant negative impacts on economic, psychological, social, and spiritual aspects of family life. From the perspective of Islamic law, online gambling is prohibited (haram) because it constitutes maisir and contradicts the objectives of Islamic law, particularly the protection of wealth, life, intellect, and progeny. Consequently, online gambling poses a serious threat to the resilience and integrity of Muslim families.
The Resilience of Couples with Disabilities in Achieving a Sakinah Family in Palu City Muh. Rezki; Suhri Hanafi; Nurkhaerah Nurkhaerah
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 8 No 1 (2026)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol8.Iss1.190

Abstract

This study examines the resilience of couples with disabilities in achieving a sakinah family in Palu City and identifies the factors that support and hinder this process. Using a qualitative socio-legal approach, data were collected through observation, structured interviews, and document analysis involving married couples with disabilities in Palu City. The findings reveal that couples with disabilities demonstrate strong family resilience despite facing physical limitations, social challenges, and economic pressures. Their resilience is reflected in their ability to adapt to adversity, maintain mutual support, foster effective communication, strengthen spiritual values, and cooperate in fulfilling family responsibilities. These capacities enable them to build harmonious family relationships and pursue the ideals of a sakinah family. Supporting factors include spousal support, family and community assistance, religious values, and participation in inclusive social networks. Conversely, limited religious knowledge, restricted employment opportunities, low educational attainment, and inadequate accessibility to public facilities constitute major obstacles. The study concludes that family resilience serves as a fundamental foundation for couples with disabilities in achieving a sakinah family, highlighting the importance of psychological, social, economic, and spiritual support in strengthening family well-being.
A Comparative Study of Positive Criminal Law and Islamic Criminal Law on Child Protection Ida Lestiawati; Nurdin Nurdin; Marzuki Marzuki
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 8 No 1 (2026)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol8.Iss1.191

Abstract

This study examines legal protection against the commercial sexual exploitation of children through a comparative analysis of Indonesian criminal law and Islamic criminal law. Using a normative legal research method with a prescriptive approach, the study analyzes legal doctrines, statutory regulations, Islamic legal principles, and relevant literature. The findings reveal that commercial sexual exploitation of children remains influenced by poverty, socio-cultural conditions, political factors, social stigma, and weaknesses in law enforcement. Indonesian criminal law provides protection through a mixed sentencing system emphasizing punishment, prevention, and victim protection, while Islamic criminal law offers a comprehensive framework based on maqashid al-shari'ah and ta'zir sanctions. The comparative analysis demonstrates that integrating the legal certainty of positive law with the moral and preventive values of Islamic law can strengthen child protection and enhance efforts to prevent and combat commercial sexual exploitation of children. The study proposes a reconstructed legal protection model that is more comprehensive, victim-oriented, and responsive to contemporary challenges.
Post-divorce Child Care to Ensure the Children welfare : A Perspective of Islamic Family Law Fatimawali Fatimawali
INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY Vol 8 No 1 (2026)
Publisher : State Islamic University Datokarama Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24239/ijcils.Vol8.Iss1.192

Abstract

Child care (nafaqah) after divorce often faces implementation challenges despite being a continuous legal and religious obligation. This qualitative study with a normative–empirical approach investigates the essence, implementation, and influencing factors of post-divorce parental responsibility for child maintenance in Palu City. Data were gathered through in-depth interviews with judges, lawyers, religious leaders, and affected families, alongside field observations and documentation. The findings reveal that child maintenance is a divine trust (amanah) linked to lineage (nasab) that persists regardless of marital dissolution. However, its implementation in Palu City remains suboptimal; maintenance is frequently irregular or discontinued due to post-divorce conflict, economic constraints, low legal awareness, and weak court enforcement. Consequently, the financial burden shifts to mothers, causing economic and psychological vulnerability for the children.

Page 9 of 9 | Total Record : 85

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