The living fiqh is derived from the living al-Quran and the living al-Hadith. It requires refining its formulation and methodological model as a contemporary socio-anthropological approach to fiqh. This article discusses the formulation of the concept of the living fiqh both deductively and inductively-abductively. The aim is to formulate and present this conception as a new approach or model of study and evaluation of fiqh practice in the contemporary era. The method used is abductive construction based on integrating fiqh into the behavior of its participants in various cultural clusters of Islamic society. The result found in this research is the formulation of the concept of The Living Fiqh as an explanation for society's acceptance of fiqh not only as knowledge but also as a practical guide in their lives. The implication is the availability of a sociological framework of fiqh that can explain the integration of fiqh in the daily life of Muslim communities spread across various models of cultural practices.
One of the efforts to meet the needs of the Minangkabau people that they achieve is through migration, as in the economic culture of Minangkabau immigrants from Nagari Atar Batusangkar, Padang Gantiang District, Tanah Datar Regency. About 99% of the imigrants were found in the field involved in Photo Copying businesses scattered in the city of Yogyakarta. The hope is that people's behavior in fulfilling the economy can continue to run well and in accordance with Islamic law. This study aims to explain how Urf's review of the economic culture of Minangkabau migrants in Yogyakarta using a qualitative descriptive research methodology. The results of the study conclude several things, among others: First, according to records in 2015 the number of Minangkabau residents in Yogyakarta reached 10,000 people or around 350 families, and those who run photocopy businesses are 80 families or 155 tablets. Second, the Economic Culture in the photocopy of the Minangkabu Community in Yogyakarta is referred to as 'Urf in Islamic law, because it fulfills several conditions' Urf and the law is mubah. Third, related to economic culture can furthermore be one of the studies that offers siding to the local community's economy which has basically been an economic support since the past in an effort to promote life, as well as' Urf which can then be used as a method and source of Islamic law in its development. economy because it conforms to Islamic principles.
Recently divorce cases have become increasingly popular and have become popular in the community. Tens of people a day can change their status to become widows/widowers. The Lima Puluh Kota is one of the largest contributors to divorce cases in Indonesia. In addition to the year of pandemic, 2020 is also marked with the year of divorce, because not yet in December the divorce rate in Lima Puluh Kota has reached 951 divorce case that has entered the religious courts. Of the 951 cases submitted 75% of these cases were claimants. This study aims to describe the driving factors for the increase in the divorce rate (divorce is the wife’s initiative) in the religious courts of Lima Puluh Kota with a descriptive qualitative approach with a phenomenological type. Based on this research, it can be concluded that the highest driving factors for divorce are constant arguments and domestic violence. Other factors that influence it are economic problems, being entangled in legal cases/imprisonment, the relatively young age of marriage.
The problem of social inequality today has not yet shown the maximum realization of the constitutional mandate and religious teachings. The description of the above conditions is a motivation for individual businesses to optimize the distribution of Ziswaf productively as implemented by the Alif Point Mart minimarket in Padang City. This new effort has become a study in maximizing the distribution of Ziswaf by Alif Point Mart in Padang City. This type of research is field research; the nature of this research is descriptive-analytic. They are collecting data using observation and interview methods. Then, it will be examined, classified, and analyzed after ordering it in processing the data. Then conclude using a qualitative descriptive research approach. The research results show that Alif Point Mart is a business in the retail and culinary sector whose operations are a combination of a minimarket and coffee business with the main principles in sharia business management. Alif Point Mart is a Ziswaf-based Mini Market, meaning that it is a business that has capital from shareholder funds or investments. The profits are allocated for alms, infaq, productive waqf in the form of business capital for people in need, and when the gains have reached the mandatory zakat, zakat will be issued 2.5%. The distribution of zakat is a program carried out every year to existing zakat institutions.
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