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Abdul Kadir Jaelani
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Contrarius Series: Law & Social Justice
Published by Lembaga Contrarius Indonesia
ISSN : 31239366     EISSN : 31239358     DOI : https://doi.org/10.53955/cslsj.v1i1
Core Subject : Health, Science, Education, Social,
Education Energy Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences
Contrarius Series: Law & Social Justice is an Proceedings Open Access publication series dedicated to archiving conference proceedings in all areas related to Law, Crime, Environment, Energy, Education, Economic, Tourism and Social Justice. The Contrarius Series: Law & Social Justice covers the regulatory issues related to sustainable development across global, regional, national, and local levels. The journal covers a broad spectrum of topics, including but not limited to, poverty, hunger, healthcare, education, gender equality, water management, energy sustainability, economic growth, and legal justice. Contrarius Series: Law & Social Justice offers a wide range of services from the organization of the submission of conference proceedings to the worldwide dissemination of the conference papers. It provides an efficient archiving solution, ensuring maximum exposure and wide indexing of scientific conference proceedings. Proceedings are published under the scientific responsibility of the conference editors.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 58 Documents
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Structural Aspects of Shariah-Compliant, Women-Friendly Mosques: Towards a Generalizable Design Framework
Contrarius Series: Law & Social Justice Vol. 1 No. 2 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i2.75

Abstract

Mosques function as vital spaces for sustained worship and community engagement; however, structural provisions for women’s religious and communal activities are often inadequately addressed or insufficiently aligned with Shariah requirements. This inadequacy constitutes a core problem, as non-compliant or poorly designed architectural features may hinder women’s participation and compromise adherence to Islamic legal principles. Accordingly, this study addresses the problem by systematically examining structural design aspects and synthesizing them into a generalizable framework for Shariah-compliant, women-friendly mosque design. This article analyzes mosque design features that fulfill Shariah requirements for women, particularly regarding the preservation of modesty and privacy, ʿawrah, and the practical needs of women’s religious activities. Methodologically, the study adopts a qualitative approach comprising document analysis and observation, complemented by semi-structured interviews with relevant stakeholders from mosque institutions. The findings indicate that improving mosque design toward outcomes that are women-friendly and Shariah-compliant requires the development of dedicated guidelines specifying spaces for worship and women’s religious and community activities, thereby aligning mosque environments with Shariah obligations for women.
Bridging Aristotelian Logic and Islamic Jurisprudence: A Comparative Analytical Study of Qiyās and Logical Reasoning in Light of Qiyās Al-Wāsiʿ
Contrarius Series: Law & Social Justice Vol. 1 No. 1 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i1.85

Abstract

This research examined logic and the role of Muslim scholars in establishing analogy through it, using it as a jurisprudential approach to its applications in Islamic jurisprudence. It also examined how Muslim scholars used Aristotelian logic in the buildup of the foundation of Islamic logical reasoning and the principles of jurisprudence. It took into account the concept of analogy: its application to Islamic jurisprudential reality, in all emerging jurisprudential issues or various unstated textual matters in the lives of Muslims. The research also focused on the foundations from which analogy is derived in its broad sense, explaining its characteristics that distinguish it from other sources of legislation, on the one hand, and from logic, on the other. It also highlighted the role of Muslim scholars, such as Imām al-Ghazālī and others, in establishing analogy from logic, as well as establishing a theory for deriving rulings on new developments in Muslim reality that are not explicitly stated, to be valid for all times and places. The research followed an inductive approach, collecting, evaluating, and comparing information, then analyzing and interpreting it to arrive at its intended conclusion. The study of the issue of the relationship between logic and analogy relies on the inductive approach. The collected evidence and the opinions upon which it is based are then analyzed using the analytical approach. Using the comparative approach, it draws a comparison between the issues of logic and its relationship to analogy, before explaining the role of Muslim scholars in establishing analogy through it, and the way it is employed and applied in Islamic law.
The Evaluation Of Islamic Da’Wah In Bangladesh Between Past and Present: An Analytical Comparative Study
Contrarius Series: Law & Social Justice Vol. 1 No. 1 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i1.86

Abstract

Islamic Da‘wah in Bangladesh has been one of the central pillars in shaping the religious and cultural identity of the Bengali people since the arrival of Islam in the region during the medieval period. The early contributions of Sufi Du‘āt (preachers), scholars, and traders played a decisive role in establishing the principles of Islamic faith and in building strong social and cultural bonds. As a result, Da‘wah became a key factor in constructing the national and religious character of the Bangladeshi people. Over the course of history, however, Da‘wah in Bangladesh experienced diverse transformations linked to political conditions—such as British colonialism and the subsequent movements for liberation and independence—social dynamics, including popular mobilizations and the proliferation of religious educational institutions, as well as intellectual and technological developments in the modern era. This study seeks to conduct a comparative analytical investigation into the evolution of Islamic Da‘wah in Bangladesh between past and present. It focuses on tracing the methods and approaches employed by Du‘āt across different historical periods, analyzing the nature of Da‘wah discourse, and assessing its influence on the socio-political and cultural environment. Adopting a comparative analytical methodology that integrates both historical and contemporary dimensions, the study aims to highlight elements of continuity and change within the Da‘wah experience. It further explores the factors that contributed to the success of Da‘wah in earlier times, as well as the challenges that hinder its effectiveness today, including globalization, secularization, the rise of digital media, and the spread of ideas conflicting with Islamic values. The significance of this research lies in its holistic reading of the Bangladeshi Da‘wah experience, by bridging the rich historical legacy with the evolving contemporary context. Such an approach provides a foundation for envisioning a future-oriented Da‘wah practice that is more impactful and sustainable. The study concludes that the continued success of Islamic Da‘wah in Bangladesh depends on its ability to balance authentic adherence to Islamic principles with innovation in methods and programs, thereby reconciling Islamic identity with the practical needs of society. It also recommends the development of Da‘wah curricula in light of technological changes, strengthening the role of official and community-based Islamic institutions in promoting values of moderation and balance, and investing in the training of Du‘āt capable of addressing modern challenges through scholarly and culturally resonant discourse.
The Concept of Ta’liq Divorce Confirmation in the Terengganu Syariah Subordinate Court: A Case Study and Its Relationship with Authentic Hadiths
Contrarius Series: Law & Social Justice Vol. 1 No. 1 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i1.87

Abstract

This research explores the implementation of ta’liq divorce confirmation applications at the Terengganu Syariah Subordinate Court, focusing on the main challenges faced by involved parties and proposing hadith-based solutions. Referring to Section 47 of the Islamic Family Law Enactment the research identifies key issues such as confusion among couples regarding the meaning and legal effect of ta’liq, procedural delays in case study and hearing, and inconsistencies in evidentiary requirements.The objective is to develop a conceptual model that provides a comprehensive and systematic guideline for husbands, wives, the Syariah Court, and the Religious Affairs Office to ensure that the ta’liq divorce confirmation process is implemented in an orderly and shariah-compliant manner. Using a qualitative case study approach, data were collected through the analysis of court files, statistical reports (2020–2024), and marriage records containing ta’liq clauses, complemented by semi-structured interviews and courtroom observations. Thematic analysis through content analysis was used to interpret the data. Findings indicate that most issues arise from limited legal awareness, weak documentation, and procedural misunderstandings. These can be mitigated through a unified framework emphasizing legal literacy, evidentiary responsibility, and verification grounded in hadith principles. The research thus contributes to developing a conceptual model that enhances judicial consistency, procedural efficiency, and societal understanding of ta’liq divorce verification in accordance with Islamic legal principles.
The Concept of Mushtarak In The Translation Of The Quran
Contrarius Series: Law & Social Justice Vol. 1 No. 1 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i1.89

Abstract

Mushtarak, an Arabic word, is defined as a word that has numerous meanings and definitions. Therefore, its presence in the Quran results in differences in the interpretation. Interpretations are acceptable as long as it can be understood through detailed explication. Occasionally, there are conflicting interpretations due to being manipulated arbitrarily by certain parties. This phenomenon of contradiction in interpretation is partly due to the concept of mushtarak found in the language. However, the concept of mushtarak is defined differently according to the field of knowledge. Therefore, this study hopes to identify the concept of mushtarak from various fields of knowledge and apply with mushtarak data from the religious text in the field of study of the Quran. The main objective is to ascertain the true concept of mushtarak which conforms to the content of the Quran. This is a qualitative study and uses the methodology of library research and text analysis. The findings show that both the field of tafsir and ulum al-Quran that adapt the concept of mushtarak is suitable to be applied to the study of the meaning of the Quran. Thus, any previous and modern usage of mushtarak term is deemed not important in this field as long as the concept of diversity of meaning exists. In the context of the translation of the Quran, any notion in meaning of a word must prioritize the terms and concepts contained in the field of tafsir and the science of the Quran in addition to taking into account other fields of knowledge that serve as a check and balance.
The Presence of Parties in the Drafting of Notarial Deeds in the Digital Era: A Comparative Legal Study in Indonesian
Contrarius Series: Law & Social Justice Vol. 1 No. 2 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i2.101

Abstract

The digitalization of contract law and public services challenges traditional notarial practice, especially the rule that parties must be physically present before a notary when executing authentic deeds. Indonesia’s Electronic Information and Transactions Law (E-IT Law) recognizes the legal validity of electronic documents and signatures, yet the Notary Office Law still presumes in-person appearances. This normative-comparative study analyzes Indonesian instruments (Notary Office Law, E-IT Law, and Personal Data Protection Law) and compares e-notarization approaches in the Netherlands, Singapore, and Malaysia. We find that Indonesia’s physical-presence model is misaligned with the E-IT Law’s recognition of secure electronic documents. Dutch emergency measures during COVID-19 demonstrated that remote notarial acts can be institutionalized with safeguards in place. Singapore and Malaysia provide technologically neutral e-signature frameworks that support remote identification, robust audit trails, and data protection. We recommend amending the Notary Office Law to recognize an online presence as the functional equivalent of physical presence, provided that identity assurance, integrity, auditability, and data protection are satisfied.
The Urgency of Reformulating Bali's Regional Tourism Policy to Prevent Environmental Damage and the Erosion of Local Wisdom
Contrarius Series: Law & Social Justice Vol. 1 No. 1 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i1.104

Abstract

This study aims to analyze the urgency of reformulating tourism policy in Bali in order to address environmental damage and the erosion of local culture. The mass tourism development model that has been implemented thus far has proven to have negative effects, such as infrastructure overcapacity, ecosystem degradation, and the commodification of sacred values. Using normative legal research methods, this study examines laws and regulations related to sustainable tourism and cultural preservation. The results show a gap between regulations and implementation that requires a review of the basic principles of tourism policy. Reformulation must emphasize tourism based on the values of Tri Hita Karana, limit quantity, improve quality, and involve the active participation of local communities in management and supervision.
Inclusive Justice and The Future Human Rights and Criminal Law in The Era of Globalization
Contrarius Series: Law & Social Justice Vol. 1 No. 2 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i2.117

Abstract

This study examines the application of the principle of inclusive justice in criminal law enforcement in Indonesia, grounded in human rights values. In the context of a national legal system still dominated by a retributive approach, inclusive justice offers a new, more humane and participatory paradigm. This approach emphasizes the importance of protecting vulnerable groups and encourages the use of restorative mechanisms such as diversion and termination of prosecution based on restorative justice. Using normative legal research methods with conceptual and analytical approaches, this study demonstrates that integrating human rights values into criminal law can strengthen legal legitimacy, increase the efficiency of the justice system, and foster social reconciliation. This study recommends transforming legal culture and increasing the capacity of law enforcement officials as strategic steps towards a more just and civilized legal system.
The Transformation of Balinese Customary Law in Addressing Human Rights Challenges: A Socio-Legal Perspective
Contrarius Series: Law & Social Justice Vol. 1 No. 2 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i2.126

Abstract

Balinese customary law (hukum adat Bali) represents a unique socio-legal system rooted in the indigenous philosophy of Tri Hita Karana, which harmonizes the relationship between humans, nature, and the divine. While its communal and restorative character has historically maintained social cohesion, the evolving global discourse on human rights introduces both challenges and opportunities for transformation. This study explores the transformation of Balinese customary law in response to human rights concerns, particularly regarding equality, non-discrimination, gender justice, and individual autonomy. Employing a socio-legal perspective, it examines how traditional institutions such as desa adat, paruman adat, and awig-awig adapt to contemporary legal and moral standards. Findings indicate that transformation occurs through interpretive flexibility, community dialogue, and state recognition, revealing a dynamic interaction between local wisdom and universal human rights norms
Digital Based Sustainable Tourism Management and Local Wisdom in Serangan Village
Contrarius Series: Law & Social Justice Vol. 1 No. 2 (2026): Contrarius Series: Law & Social Justice
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/cslsj.v1i2.127

Abstract

Bali currently possesses 238 designated tourism villages, including Serangan Village, which is classified as a pioneering tourism village (desa wisata rintisan). Several challenges persist among tourism villages in Bali, particularly those in the early stages of development; these include limited infrastructure, inadequate road access, and a lack of supporting facilities such as tourist information centers and proper sanitation. Furthermore, management and governance issues remain a critical concern. Many tourism villages in Bali still lack professional management, leading to suboptimal promotion, stagnant tourism product development, and minimal collaboration with key stakeholders, including local governments and the tourism industry. Additionally, many local residents lack the necessary skills in tourism management, digital marketing, and foreign languages. Consequently, in-depth research on sustainable tourism management integrated with digital transformation and local wisdom—is essential to ensure the long-term viability of tourism in Serangan Village.

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