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All Journal Al-Iqtishad : Jurnal Ilmu Ekonomi Syariah (Journal of Islamic Economics) AL-Daulah FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Adabiyah Jurnal Ilmiah Al-Syir'ah Iqtishodia: Jurnal Ekonomi Syariah Istidlal: Jurnal Ekonomi dan Hukum Islam Nabawi: Journal of Hadith Studies JURIS (Jurnal Ilmiah Syariah) Indonesian Journal of Islamic Economics and Finance Journal of Modern Islamic Studies and Civilization Journal of Progressive Law and Legal Studies Pancasila International Journal of Applied Social Science Journal of Islamic Business Law
Faishal Agil Al Munawar
Universitas Islam Negeri Maulana Malik Ibrahim Malang
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Journal : Journal of Modern Islamic Studies and Civilization

 1 
Perspectives of Nahdlatul Ulama (NU) and Muhammadiyah Figures on Law of Buying and Selling Breast Milk (ASI) Al Munawar, Faishal Agil; Putri, Febi Ananda
Journal of Modern Islamic Studies and Civilization Том 2 № 03 (2024): Journal of Modern Islamic Studies and Civilization
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jmisc.v2i03.1008

Abstract

The buying and selling of breast milk (ASI) transactions are based on the ignorance of the society, especially mothers, regarding the prohibition of buying and selling breast milk. Nahdlatul Ulama and Muhammadiyah, as community organizations in Indonesia, have also discussed determining the law regarding the practice of donating and buying breast milk. Therefore, the aim of this research is to understand the mechanism of buying and selling breast milk and the perspectives of Nahdlatul Ulama and Muhammadiyah figures on the law of buying and selling breast milk. This research is an empirical juridical study using a qualitative approach with a descriptive comparative method. The results of this study show that the practice of buying and selling breast milk is conducted through the social media platform Facebook. Buying and selling are done using a barter method based on the needs of the baby. According to Nahdlatul Ulama and Muhammadiyah, both bartering and cash transactions fall under the same law. Breast milk as an object essentially meets the requirements of a saleable object. However, there is an opinion that breast milk is equated with human organs, thus buying and selling breast milk is prohibited as per the law against selling organs. Nahdlatul Ulama believes that buying and selling breast milk is permissible, referring to the respected Shafi'i opinion that it is valid and permissible. However, if there are government regulations prohibiting the buying and selling of breast milk, the society must adhere to those regulations. Meanwhile, Muhammadiyah has not yet discussed the issue of buying and selling breast milk. The discussions conducted so far have only touched upon the permissibility of breast milk donation, which is done voluntarily.
The Legal Sanctions of Corruption Criminal Acts in Indonesia from the Perspective of Abdul Majid An-Najjar's Islamic Legal Philosophy Al Munawar, Faishal Agil
Journal of Modern Islamic Studies and Civilization Том 3 № 01 (2025): Journal of Modern Islamic Studies and Civilization
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jmisc.v3i01.1416

Abstract

This article discusses legal sanctions for criminal acts of corruption in Indonesia from the perspective of Abdul Majid An-Najjar's Islamic legal philosophy. Corruption in Indonesia is a serious problem that harms the economy and social justice. This research employs a descriptive-qualitative approach and falls under the category of normative research that examines documents and literature related to legal sanctions for corruption in Indonesia. This study aims to analyze legal sanctions for corruption in Indonesia based on Abdul Majid An-Najjar's Islamic legal philosophy, which emphasizes the principles of justice, equality, and accountability as a foundation for combating corruption. Abdul Majid An-Najjar proposes sanctions that are not only repressive but also educational and effective in providing deterrent effects, using hudud and ta'zir sanctions as a legal basis that aligns with Islamic moral and ethical values. This research also identifies the relevance and challenges of implementing Islamic legal principles in Indonesia's pluralistic legal system, as well as their impact on preventing and eradicating corruption. This study's findings show that applying Islamic legal principles in Indonesia's legal system can contribute to creating a more just and corruption-free legal system.
Validity of Sale and Purchase Agreement Using Coin Flip System: A Perspective from Indonesian Civil Code and Islamic Commercial Law Hakim, Danial Malikul; Al Munawar, Faishal Agil
Journal of Modern Islamic Studies and Civilization Том 3 № 03 (2025): Journal of Modern Islamic Studies and Civilization
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jmisc.v3i03.1904

Abstract

The Coin Flip system is an innovative method in sale and purchase agreements, where the price is determined by a coin toss. It is used when negotiations between the buyer and seller reach a deadlock, introducing a random element to the price determination, which differs from traditional methods. This study aims to analyze the validity of the Coin Flip system under both positive law (the Civil Code) and Islamic commercial law (fiqh muamalah). The focus is on whether the system meets the requirements for a valid agreement in the Civil Code and Islamic law. Additionally, the research examines the issue of maysir (gambling) involved in this system, which is crucial in sale agreements. The study employs a normative juridical method with a conceptual and legislative approach, utilizing primary, secondary, and tertiary legal sources. Data was collected through literature review and analyzed qualitatively. The findings show that the Coin Flip sale agreement is valid according to the Civil Code, as it satisfies both subjective and objective conditions, including a voluntary agreement between legally competent parties with a clear price and valid object. However, the system is not valid under fiqh muamalah, as it lacks a clear and definite price and includes elements of maysir (gambling), which is prohibited in Islam.
Co-Authors Abdul Harris Ahda Alfian Taufiqurrohim Ainur Rohmah, Ainur Alfianing Fadhila Ali Fahrudin, Ali Amri, Naufal Nuzulul Aziza Mutifani Hidayah Chamidudin Ahmada Della Aditya Rahmawati Della Ersya Aprilia Dwi Hidayatul Firdaus, Dwi Hidayatul Eliya Mambaul Fauziyah Hakim, Danial Malikul Ilfi Laily Noor Hanifa Indra Maharani Khairul Umam Kolopita, Abdul Fajri Kurniasih Bahagiati Mirwan Mirwan, Mirwan Mohammad Firmansyah Muhammad Abdulloh Yusuf Musataklima Musataklima, Musataklima Muslimatul Hamidah Naila Salsabila Bahiyati Nasrulloh Nasrulloh Putri, Febi Ananda R. Fakhrurrazi, R. Fakhrurrazi Rifqi Ihsanuddin Wibowo Rizky Syaputra, Abdul Wahid Safinatun Naja Saifullah Saifullah Salsabilla Alia Rizki Supriyadi, Aditya Prastian Vad'aq, M. Iqbal Wiria Tarita, Yuanggi Nur Yulis Setianingsih Zahro, Maulida