INTERNATIONAL JOURNAL OF CONTEMPORARY ISLAMIC LAW AND SOCIETY

Shari’a Reservations in The Eyes of The Vienna Convention on The Law of Treaties

2025-10-09T14:45:35+00:00

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)

2025-10-09T14:45:33+00:00

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

2025-10-09T14:45:31+00:00

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.

Disseminating the Islamic Concep in Conservation of Environment: Study Insights From Bangladesh

2025-10-09T14:45:30+00:00

Human life and the environment are inextricably linked to each other. The environment provides all the necessary elements important to human existence. But the mankind has some duties too. But we are often avoiding these duties. Though we know the impact of environment in our lives but awareness has been a long due. Even integrating it with general education, campaigns, legal measures often fall short in establishing the thing. In this study we tried to analyze if we can solve the problem by connecting religion and environment. This study disseminates the conservation of the environment in accordance with the rules of Qur'an and Hadith, and conducts surveys among environmentalists and Islamic thinkers to find out how practical and useful these rules of the Islam are in protection of the environment. Information about the rules of Islam on conservation of the environment has been taken through conducting questionnaire survey and FGD (Focus Group Discussion) among Islamic thinkers. In this case, they have expressed the opinion that it is possible to protect the environment in accordance with Islamic law. Environmentalists were asked if it was possible to protect the environment based on Islamic rules. 70% expressed the opinion that protection of the environment is possible if Islamic rules are properly implemented. But rest of them have expressed different views and said that beside Islamic law, environmental law needs to be updated and implemented properly to protect the environment. Similar studies have been conducted in other countries also. Indonesia and Malaysia are prominent of them. Furthermore, it has been proved that the connecting environmental conservation with Islamic teachings provide impactful results. This study aims to correlate the Islamic concepts in preserving the environment and their impacts in perspective of Bangladesh.

Academic Writing Referencing Styles: The Challenges Of An Islamic Law Researcher

2025-10-09T14:45:28+00:00

The University of Ilorin Law Referencing Style (UNILARS) is adopted for postgraduate researchers as guide for referencing in academic writings. This also include Islamic law researches. The guide has been in place for more than a decade. Student researchers have always struggled to comply with the obvious requirement of the guidelines, despite its various discrepancies and ambiguous provisions. In the case of Islamic Law researchers, it became more perplexed adopting UNILARS due to the wide vacuum existing in the guidelines regarding Islamic law literature and their unique features in the manner of its presentation; writing names, dates, title of literature, correct manner of referencing Qur‘ān and Hadīth etc. Although, the identified lacuna is not peculiar to UNILARS alone, various other referencing styles also fall short of the recognition. Unity of style in referencing Islamic law literature could however not be achieved, despite adopting a referencing style. These have one way or the other, contribute to the challenges of adopting UNILARS and some other referencing styles in academic writings. This research therefore identified some of the challenges embedded in adopting UNILARS, through doctrinal cum non-doctrinal but qualitative research methodology. The research found and highlights some of the uniqueness of Islamic Law literature which are paramount for consideration in styling any referencing guide. A model referencing style is therefore proposed for Islamic law researchers named: University of Ilorin Shari‘ah Law Referencing Style (UNISLARS) to curb the challenges.

Pre-wedding Photography Practices of Prospective Brides and Grooms at Ullah Studio Palu in the Review of Islamic Law Sociology and Maqashid Al-Syariah

2025-10-09T14:45:27+00:00

The media plays a significant role in influencing various aspects of society, including the increasingly popular practice of pre-wedding photography. In Islam, until a valid marriage contract (akad) is conducted, couples remain non-mahram and are required to observe religious boundaries. This study aims to examine pre-wedding photography practices at Ullah Studio from the perspective of Islamic legal sociology. A qualitative approach was applied using literature studies and textual, contextual, and inter-contextual data analysis. The results show that pre-wedding photography at this studio adheres to Islamic ethics and legal principles, with no physical contact or interactions that violate religious norms. Pre-wedding photography is considered an acceptable cultural practice as long as it remains within the boundaries of Islamic teachings.