The development and demands of modern life results in the decrease of role and existence of high-inherited wealth in Minangkabau. This fact requires a reconstruction of the development of high-inherited wealth in Minangkabau. One of them is through cash waqf movement which is an alternative in developing and empowering the people’s economy. This paper aims at explaining the reconstruction of high-inherited wealth in Minangkabau through the cash waqf movement. This study tried to offer solutions and alternatives in restoring the role and existence of high-inherited wealth in Minangkabau through the cash waqf movement. By using a qualitative approach, this study found that the cash waqf movement can restore the role and position of high-inherited wealth in Minangkabau in the following forms; first, returning or reclaiming the pawned assets and increase the number of assets through the cash waqf movement from all members of the tribe or clan. Second, striving for the legality of these assets by changing the certificate into waqf property. Third, managing the high-inherited assets productively and share the profits for the economic needs and welfare of the people or tribe. Assets management and development through the cash waqf movement can be used as a model for other communities, especially the Minangkabau community in managing people’s or tribal assets and improving the welfare of the people.

The urgency of this research is to examine the implementation of the Supreme of the Court Circular Number 3 2015 on the addition of livelihoods for children from 10% to 20% per year. Since the determination Supreme of the Court Circular in the Family Court of Sawahlunto, in 2018 were 7 decisions have been made, 3 to applicated and 4 doesn’t. The inequality when considering the jury leads to three fundamental questions: What is the position of Supreme of the Court Circular in the concept of the positivist legal philosophy? What are the Judges considerations to implementing and not implementing Supreme of the Court Circular? Howabout the Islamic Law perspective to Supreme of the Court Circular in terms of adding child livelihood? To answer the object of research, the implementation Supreme of the Court Circular Family Court Sawahlunto is extensively examined as sociological/ empirical legal research. The results of this research philosophically Supreme of the Court Circular is a harmonization between Islamic law and positive law, on the condition that Supreme of the Court Circular offers the jury a guarantee of legal certainty when deciding on the addition of a child. Consideration of the jury in the implementation of Supreme of the Court Circular to ensure that children's livelihoods are met in terms of economic needs that further improve and maintain descendant relationships for those who do not implement Supreme of the Court Circular due to the limited ability of their fathers. Supreme of the Court Circular’s perspective on Islamic law regarding the addition of a child at 10% to 20% per year is relevant to the problem of the Maslahah Mursalah, which is to maintain hereditary relationships.

This study aims to explain the implementation of weighing oil palm fruit in Nagari Talao Sungai Kunyit in terms of positive law and fiqh muamalah. This research is a field research. Data were obtained in two ways, namely secondary data and primary data. The primary data are toke (collectors), oil palm farmers and the Head of the Cooperative and Industry Office of South Solok Regency, while the secondary data sources are the profile of Nagari Talao Sungai Kunyit, Nagari year-end reports and Indonesian legislation. This study found that the implementation of weighing in the sale and purchase of oil palm fruit in Nagari Talao was carried out with containers made of wood that were rarely arranged, so that many “brondol” (small) palm fruit fell. Oil palm fruit that falls from the container is not counted in the scales, as a result of farmers' losses. In fact, the number of “brondol” (small) palm oil that has fallen is quite a lot. In positive law, the implementation of weighing selling oil palm fruit in Nagari Talao is not in accordance with the provisions of Article 25 and Article 28 of Law Number 2 of 1981 concerning Legal Metrology, Article 2 of the Minister of Home Affairs Number 68 of 2018 concerning UTTP Calibration and Re-calibration and Article 8 of Law -Law Number 8 of 1999 concerning Consumer Protection. In this explanation, it is explained that the weighing in buying and selling will not harm either party and the scales used must be recalibrated once a year. As for the implementation of fiqh muamalah muamalah in Islam, namely injustice to fellow humans, and there is no fraud (gharar) and elements of coercion (al-ikrah).

Qawa'id fiqhiyah merupakan aturan umum ketentuan syariah dan dapat diterapkan pada aspek kehidupan masyarakat. Kaidah al-umuru bi maqashidiha merupakan kaidah pertama yang merupakan kaidah yang sangat dominan dan menjadi dasar dari beberapa kaidah selanjutnya. Pemahaman aturan ini menekankan pada fungsi niat sebagai barometer untuk mengevaluasi setiap tindakan. Pernikahan sebagai amalan mukallaf termasuk ibadah yang membutuhkan niat untuk melaksanakan dan memenuhi tujuannya. Untuk itu, tahap pertama pernikahan, pasangan yang akan menikah perlu ditegaskan niatnya untuk memenuhi tujuan pernikahan. Di Indonesia, perkawinan diatur melalui UU No.1 Tahun 1974 beserta ketentuan pelaksanaannya dan turunannya. Pengurusan administrasi perkawinan dimulai dari wasiat perkawinan sampai dengan penerbitan akta perkawinan dan salinannya. Penelitian ini dimaksudkan untuk mengkaji penerapan kaidah alumuru bi maqashidiha dalam proses pencatatan nikah. Penelitian ini dilakukan secara kualitatif melalui studi kepustakaan. Pengujian keabsahan data menggunakan uji kredibilitas yaitu dengan meningkatkan ketekunan peneliti dalam hal mengkaji poin penting dari konten yang dianalisis. Berdasarkan analisis masalah, ditemukan bahwa penegasan niat menikah hanya dilihat dari pemenuhan aspek administrasi tanpa menyentuh substansi niat pemenuhan tujuan pernikahan.

This study focuses on the factors causing the birth of customary rules, then forms of customary sanctions, and the implementation of customary rules, as well as analyzes the dynamics of implementing customary rules against unregistered marriages in the view of Islamic law.  The type of research conducted was field research.  Primary data sources were Ninik Mamak, Wali Jorong, Religious Counselors, perpetrators of unregistered marriages, and their relatives.  Secondary data sources were books and journals about marriage, customs, Islamic law and Positive law. The data were collected through semi-structured interviews and documentation techniques.  Data analysis and interpretation techniques were data reduction, data presentation and conclusions.  The technique of guaranteeing the validity of the data was by triangulation of sources.  The results of the study indicate that the cause of the birth of customary rules was because they were not in accordance with Islamic teachings, positive law, and were considered a disgrace to the people.  Forms of sanctions for the perpetrators of this unregistered marriage were expelled from the Nagari, if they were not pleased then paid a fine for slaughtering a goat, and if they did not want to do it, then they were set aside as long as the custom.  Those who paid the fine had to do so in public and apologized to Ninik Mamak.  Of the 11 pairs who performed unregistered marriages, 7 pairs were expelled from Nagari, 2 pairs paid a fine for slaughtering a goat, and 2 pairs were set aside from the custom.  This rule is in line with sadd al-zari'ah principles in Islamic law.