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Commission Deductions from Online Food Delivery Sales for MSMEs from the Perspective of Positive Law and Islamic Law Al Munawar, Faishal Agil; Rohmah, Ainur
Iqtishodia: Jurnal Ekonomi Syariah Vol. 9 No. 2 (2024): September
Publisher : Universitas Al-Qolam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35897/iqtishodia.v9i2.1404

Indonesia leads the top rank in Southeast Asia in relation to Gross Merchandise Value (GMV) for online food delivery (OFD) services, recording a GMV of US$ 4.6 billion in 2023. Online food delivery platforms like GoFood, GrabFood, and ShopeeFood have become integral to the lifestyle in major cities, including Malang. These platforms offer consumers convenience when ordering food from various restaurants. However, they also impose commission cuts on every sales transaction to OFD partners, which are often seen as burdensome. This study aims to analyze sales commission cuts on OFD platforms from the perspective of Trade Ministry Regulation Number 70 Year 2019 on Direct Distribution of Goods and the Fatwa DSN-MUI No. 113/DSN-MUI/IX/2017 on Wakalah Bi Al-Ujrah Contract. The method used is empirical juridical with a qualitative approach. The research findings indicate: 1. There needs to be more satisfaction among business operators or OFD partners in Lowokwaru, Malang, regarding the increase in commission cuts. The commission cut mechanisms on the GoFood platform are 20% + Rp. 1,000 per sale, GrabFood is 30% per sale, and ShopeeFood is 25% per sale. 2. According to Trade Ministry Regulation Number 70 Year 2019 on Direct Distribution of Goods, as long as the commission cuts by the three platforms (GoFood, GrabFood, and ShopeeFood) do not exceed 40%, such commission cuts are allowed. Whereas under Fatwa DSN-MUI No. 113/DSN-MUI/IX/2017 on Wakalah Bi Al-Ujrah Contract, commission cuts are permissible provided they meet certain established conditions. Yet, the third condition regarding ujrah has to be fully executed because neither party has agreed on commission increases.

The Views of Nahdlatul Ulama and Muhammadiyah Figures on Credit Transactions with a Savings System Al Munawar, Faishal Agil; Vad'aq, M. Iqbal
Indonesian Journal of Islamic Economics and Finance Vol 4 No 1 (2024)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/ijief.v4i1.5569

As practiced by @dintwinz_home on Instagram, credit buying with a savings system offers a unique approach to transactions compared to conventional methods. Unlike typical credit purchases, this method allows buyers flexibility with payment deadlines and amounts. Customers can cancel purchases and withdraw their installment funds. This empirical study adopts a qualitative approach, utilizing interviews and documentation to explore the perspectives of Nahdlatul Ulama (NU) and Muhammadiyah figures in Malang City. Key findings include the structured stages of this buying process: (1) visiting @dintwinz_home; (2) item specification and purchase explanation; (3) initial down payment and identity submission; (4) installment recording by the seller; (5) withdrawal of saved funds if needed; and (6) item delivery upon completion. The study highlights disagreement among Muhammadiyah figures due to a perceived lack of payment clarity, whereas NU figures support the practice under mutual agreement conditions. This research provides insights into community perspectives on evolving transaction practices in digital commerce.

Endogamous Marriages in Kiai Sukorejo's Family: Sufi Social Fiqh Transformation and Implications for Islamic Jurisprudence Mirwan, Mirwan; Firmansyah, Mohammad; Al Munawar, Faishal Agil; Kolopita, Abdul Fajri
Jurnal Ilmiah Al-Syir'ah Vol 21, No 2 (2023)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v21i2.2363

Marriage with the principle of endogamy in the context of arranged marriages, as observed within the family of Kiai Sukorejo in Situbondo, is influenced by religious, cultural, and Sufi tradition factors. The research uses the phenomenological method to delve into the meaning behind the phenomenon. Marriage is regarded as a means to follow the Sunnah of the Prophet, strengthen religious devotion and Faith, reinforce family bonds, and preserve the existence of the Islamic boarding school (Boarding School). Aspects of lineage, religious commitment, and scholarly qualifications take precedence in arranged marriages as an implementation of the concept of kafa'ah in Islamic jurisprudence (Fiqh). The mystical understanding derived from Sufi teachings also affects perspectives and actions in accepting arranged marriages. This research provides a significant contribution to understanding social Sufi jurisprudence (Fiqh) and the practice of endogamous marriages within the context of Islamic boarding schools. The study's findings offer valuable recommendations for developing social fiqh understanding, remarkably grounded in Sufi teachings. It is important to note that this study has a limitation in that it did not involve female informants, which should be a crucial consideration in analyzing and exploring the meaning of arranged marriages.

Law Enforcement of Paper Rupiah Mutilation Practice from the Perspective of Law Number 7 of 2011 Concerning Currency and Jarimah Ta’zir Al Munawar, Faishal Agil; Wiria Tarita, Yuanggi Nur
Al-Daulah : Journal of Criminal Law and State Administration Law Vol 13 No 1 (2024): Vol13, No. 1 2024 (Januari-Juni)
Publisher : Jurusan Hukum Tatanegara Fakultas Syariah dan Hukum Universitas Islam Negeri Alauddin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-daulah.v13i1.47759

Research Objective: This study examines law enforcement measures against rupiah bill mutilation by Bank Indonesia's Malang office, analyzing legal frameworks and enforcement strategies. Research Method: The study employs an empirical juridical approach with a sociological emphasis on law. Data were collected through interviews, document analysis, and a literature review. Results: Bank Indonesia Malang implements public education, awareness initiatives, formal warnings, and inter-agency collaboration to address currency mutilation. Findings and Implications: Currency mutilation violates Law No. 7/2011 on Currency and Islamic law principles. Offenders face imprisonment, fines, and other sanctions reflecting the economic significance of currency protection. Conclusion: Indonesia maintains a comprehensive legal framework against currency mutilation. Bank Indonesia Malang actively enforces these regulations through preventive and punitive measures within national and Islamic legal structures. Contribution: This research documents practical enforcement strategies, examines regulatory implementation at regional levels, highlights Islamic legal principles, and provides a reference for comparative studies. Limitations and Suggestions: Geographic focus on Malang limits generalization. Future research should compare multiple regions, measure awareness campaign effectiveness, explore technological solutions, examine cross-jurisdictional enforcement, and assess public compliance with currency protection regulations.

Ulul Albab’s Paradigm Approach to Post-Conventional Legal Culture of Consumers in Indonesia Al Munawar, Faishal Agil; Firdaus, Dwi Hidayatul; Musataklima, Musataklima
Fiat Justisia: Jurnal Ilmu Hukum Vol. 18 No. 3 (2024)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v18no3.3508

Consumer empowerment in Indonesia, continues to require improvement despite the enactment of Consumer Protection Law Number 8 of 1999, twenty-three years ago. This situation raises questions about why consumer empowerment remains low, its implications for consumer protection, and strategies for reconstruction based on the principles of Ulul Albab. The ulul albab approach to understanding consumer culture and consumer protection in Indonesia emphasizes the importance of integrating knowledge, ethics, and spiritual values. Ulul albab is an Islamic concept referring to individuals who possess deep understanding, wisdom, and critical thinking abilities and who connect rational thought with spiritual awareness. From the ulul albab perspective, consumer culture is viewed not only from a materialistic standpoint or the fulfillment of worldly needs but also from moral and spiritual dimensions. To explore these inquiries, a socio-legal research methodology that integrates sociological, statutory, and conceptual approaches is utilized. Legal materials, including primary, secondary, and tertiary references, contribute to both primary and secondary data. The research findings highlight several critical points. Firstly, the limited empowerment in Indonesia's consumer legal culture is the government's temporary emphasis on consumer education, primarily through socialization. Furthermore, there is a disparity between consumer protection institutions and public, exacerbated by the concentration of LPKSM in urban areas where advocacy often supersedes efforts aimed at empowerment. Secondly, the impact of a weak consumer legal culture on consumer protection is evident in insufficient measures for consumers to safeguard themselves, both preventatively and correctively. Thirdly, the proposed reconstruction of Indonesia's consumer legal culture based on the Ulul Albab paradigm aims to empower consumers through tarbiyah ulul albab, cultivating individuals with comprehensive knowledge, strong moral values, and a robust social conscience.

Diskursus Fatwa MUI No. 83 Tahun 2023 Tentang Dukungan Terhadap Palestina dan Seruan Boikot Produk Pro-Israel: The Discourse on MUI Fatwa No. 83 of 2023 Regarding Support for Palestine and the Call to Boycott Pro-Israel Products Al Munawar, Faishal Agil; Azmi, Miftahudin; Rohmanan, Mohammad
Jurnal Bimas Islam Vol. 17 No. 2 (2024): Jurnal Bimas Islam
Publisher : Direktorat Jenderal Bimbingan Masyarakat Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37302/jbi.v17i2.1402

Israel’s brutal military aggression against Palestine has resulted in dozens, if not hundreds, of lives. There are around 41,000 fatalities, 97,166 injured victims, and 11,000 people who have not been found. This fact received a strong response from various countries. Solidarity with the suffering of the Palestinian people is carried out by Muslims in Indonesia. The Indonesian Ulama Council responded by issuing Fatwa No. 83 of 2023 concerning support for the struggle for the Palestinian people. One form of support is boycotting products that are affiliated with Israel. This fatwa is worth studying more specifically, because there are pros and cons that follow. Those who support it call the fatwa a concrete step in support of Palestine. Meanwhile, those who oppose it say the fatwa will result in a decrease in production and lead to threats of layoffs. This article includes empirical research with qualitative methods in the form of describing the data researched and analyzed, and presented in the form of descriptive text. The research results prove that there are several fastfood restaurants in Malang that were affected by the fatwa. One of the effects is decreasing production and laying off employees. If this fatwa is analyzed using Jasser Auda’s maqāṣid syarī’ah, it only has a correlation with the cognitive aspect, while it conflicts with the other five aspects.

Changing Ottoman Empire's Government System: Michel Foucault's Theory of Power and Modernity Al Munawar, Faishal Agil
Pancasila International Journal of Applied Social Science Том 3 № 01 (2025): Pancasila International Journal of Applied Social Science
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/pancasila.v3i01.1436

The Ottoman Empire, which lasted for over six centuries, experienced significant political and administrative transformations, particularly in its final years. This research analyzes the transition from an Islamic Caliphate to a secular republic, using Michel Foucault's Theory of Power and Modernity as a framework. Foucault's concept of power, as embedded in social structures, helps explain the gradual collapse of the Ottoman political system, influenced by socio-political factors such as nationalism, secularism, and the decline of imperial authority. The study explores the role of power mechanisms like military control, cultural hegemony, and administrative reforms in this transformation. Adopting a normative, descriptive-qualitative approach, the research follows four stages: data collection, reduction, presentation, and conclusion. The findings suggest that the Ottoman Empire’s decline was shaped by both external pressures and internal shifts in how power was exercised. The study underscores the importance of Foucault’s concepts in understanding the empire’s modernization and eventual collapse, offering a deeper perspective on the shift from an Islamic Caliphate to a secular republic.

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

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.

The Views of Nahdlatul Ulama and Muhammadiyah Figures on Credit Transactions with a Savings System Al Munawar, Faishal Agil; Vad'aq, M. Iqbal
Indonesian Journal of Islamic Economics and Finance Vol. 4 No. 1 (2024)
Publisher : Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/ijief.v4i1.5569

As practiced by @dintwinz_home on Instagram, credit buying with a savings system offers a unique approach to transactions compared to conventional methods. Unlike typical credit purchases, this method allows buyers flexibility with payment deadlines and amounts. Customers can cancel purchases and withdraw their installment funds. This empirical study adopts a qualitative approach, utilizing interviews and documentation to explore the perspectives of Nahdlatul Ulama (NU) and Muhammadiyah figures in Malang City. Key findings include the structured stages of this buying process: (1) visiting @dintwinz_home; (2) item specification and purchase explanation; (3) initial down payment and identity submission; (4) installment recording by the seller; (5) withdrawal of saved funds if needed; and (6) item delivery upon completion. The study highlights disagreement among Muhammadiyah figures due to a perceived lack of payment clarity, whereas NU figures support the practice under mutual agreement conditions. This research provides insights into community perspectives on evolving transaction practices in digital commerce.

The IDRT (Indonesian Rupiah Token) Stablecoin Dilemma: Navigating the Intersection of Legal Monopolies and Islamic Ethical Norms in Digital Transactions Al Munawar, Faishal Agil; Rizky Syaputra, Abdul Wahid
Al-Iqtishad: Jurnal Ilmu Ekonomi Syariah Vol 17, No 1 (2025)
Publisher : Faculty of Sharia and Law, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/aiq.v17i1.45734

IDRT stablecoin is a digital financial innovation that is claimed to be a representation of the rupiah with a stable value. Although its use is increasing, the legality of IDRT in Indonesia is unclear because Law No. 7 of 2011 stipulates the rupiah as the only legal tender. In Islamic law, there is no specific fatwa regarding IDRT, thus creating uncertainty. This study uses a normative juridical approach to analyze the relationship between positive legal instruments and relevant Islamic legal views. As a result, IDRT is not recognized as a legal tender according to positive law, but meets the criteria of sil'ah (tradeable commodity) in Islamic law because it has a stable value, is supported by rupiah reserves, and is free from gharar (uncertainty), qimar (speculation), and ḍarar (harm). Through the principle of istihsan bil maslahah (juristic preference for public interest), IDRT may be conditionally accepted within a sharia-compliant framework, provided regulatory compliance is ensured. Abstrak:Stablecoin IDRT merupakan inovasi keuangan digital yang diklaim sebagai representasi rupiah dengan nilai yang stabil. Meskipun penggunaannya semakin meningkat, legalitas IDRT di Indonesia masih belum jelas karena Undang-Undang Nomor 7 Tahun 2011 menetapkan rupiah sebagai satu-satunya alat pembayaran yang sah. Dalam hukum Islam, belum ada fatwa khusus mengenai IDRT sehingga menimbulkan ketidakpastian. Penelitian ini menggunakan pendekatan yuridis normatif untuk menganalisis hubungan antara instrumen hukum positif dengan pandangan hukum Islam yang relevan. IDRT tidak diakui sebagai alat pembayaran yang sah menurut hukum positif, tetapi memenuhi kriteria sil'ah (komoditas yang dapat diperjualbelikan) dalam hukum Islam karena memiliki nilai yang stabil, didukung oleh cadangan rupiah, dan bebas dari gharar (ketidakpastian), qimar (spekulasi), dan ḍarar (bahaya). Melalui prinsip istihsan bil maslahah (keutamaan hukum untuk kepentingan umum), IDRT dapat diterima dengan syarat sesuai terhadap peraturan.

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