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.
This article discusses the concept of reintegration in the implementation maqashid sharia of the customary law: Adat Basandi Syara ', Syara' basandi Kitabullah (ABSSBK) in Minangkabau cultural region. This paper provides a scientific answer, how it should be, in practice, maqashid sharia as an integral part in ABSSBK. To collect, to analyze, and to interpret the data comparative literature was used. The basic values were compared with the concept of maqashid sharia ABSSBK. The result showed that the terms of syara' found in the philosophy of ABSSBK have the similar characteristics to maqashid sharia, yet the device has not formulated detailed practicesl. The implications and significance showed clear link between the value (axiology) syara and maqashid sharia. Therefore, maqashid sharia can be referred in establishing ABSSBK as a basis of thought, movement and arbitration of nation-state.
Tuanku in Minangkabau culture is a reflection of how these institutions are involved in the nation-state political process and religious mission. This article describes his involvement in the endless identity friction between state, religious and adat actors. Data were collected using a social network analysis method that highlights Tuanku's identity through a genealogical approach. In addition, interviews were optimized to confirm prior critical sociological research. The formulation of al-'urf is also used to interpret the crossing of normative and cultural texts. The results of this study indicate that Tuanku's involvement in Minangkabau largely determines the quality of the success of the state and religion in realizing their political and missionary strength. The implication is to recognize important points that are known in the friction of these three elements of identity, so that they can be useful for the development of knowledge in the field of Islamic law and social science.
This article discusses the dynamics of purification and syncretization of the tradition of burning incense and balimau in the Minangkabau community. The aim is to explain how the dialogic-wise pattern of da'wah is against local traditions or wisdom. The method used is critical discourse analysis of the dominance of purification and syncretization discourses in da'wah. The temporary conclusion is that the pattern of preaching which should be dialogic-wise is still interpreted as a stage of purification of practices that are claimed to be syncretic. The implication is that dialogic-wise preaching becomes one of the da'wah patterns that can be mainstreamed in understanding the plurality of cultures and traditions.
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