Journal of Critical Reviews ISSN-2394-5125 Vol 7, Issue 7, 2020

AL-TAKYIF AL-FIQHI AND ITS APPLICATION IN ISLAMIC RESEARCH METHODOLOGY

Wan Mohd Khairul Firdaus Wan Khairuldin*1, Shahir Akram Hassan2, Wan Nur Izzati Wan Nor Anas3, Wan Khairul Aiman Wan Mokhtar1, Abdul Hanis Embong4

1 Faculty of Islamic Contemporary Studies, Universiti Sultan Zainal Abidin 2 Cent re f or I sla m ic Deve lopme nt Man ageme nt Stud ie s (ISD EV), Univ er siti Sain s Mala ys ia 3 A cademy o f I slamic S tudies, U n iversity o f M alaya 4Centre for Foundation and Liberal Education, Universiti Malaysia Terengganu [email protected]

Received: 22.02.2020 Revised: 18.03.2020 Accepted: 12.04.2020

Abstract Al-Takyif (adaptation) which is also known as al-takyif al-fiqhi is a new method to determine the current juristical issues related to . Al-Takyif is adapted from al- method in Usul al- discussion. The study aims to examine al-Takyif’s applicability in Islamic Research Methodology. Therefore, the library research and textual analysis are conducted. The objectives are compiled in two main parts. The first part explains the concept of al-takyif in determining the juristical issue. While the second part discusses the possibility of al-takyif application in Islamic Research Methodology. The findings show that method of al-takyif has a slight similarity with the literature review in Social Science Research Methodology. The findings also show the al-takyif method theoretically can be applied as a method in Islamic Research Methodology. Keywords: al-takyif, literature reviews, Islamic Reserch Methodology,

© 2020 by Advance Scientific Research. This is an open-access article under the CC BY license (http://creativecommons.org/licenses/by/4.0/)

DOI: http://dx.doi.org/10.31838/jcr.07.07.80

INTRODUCTION problems that arise throughout the research process. This is also The classical Islamic scholars have conducted various researches consistent with the recommendation of al-Buti (1990: 59-60) to in solving the current juristical issues existed in their days. streamline the classical Islamic research methodology according Al-Buti (1990: 59-60) claims the Islamic Research Methodology to current circumstances. existed for centuries particularly in the golden age of Islamic Islamic Research methodology defined as a research method knowledge. A method which determines Islamic law, especially in based on Islamic sciences including Usul al-Fiqh and so on juristical emerged in this Islamic Knowledge Golden era which is (Muhammad Shukri Salleh, 2008). Muhammad Shukri Salleh called Usul al-Fiqh (principles of jurisprudence). It is also known (2011: 8-14) also explains, Islamic research methodology must as classical Islamic sciences by Louay Safi (1998). The foremost meet three criterias. First, the combination two kinds of Usul Fiqh’s book named al-Risālah which was codified and knowledge which is al-daruri (necessary) and al-nazari compiled by al-Shafi'i. He is regarded as a pioneer in Usul (knowledge which results from an inquiry). Second, based on al-Fiqh and his efforts continued by Muslim scholars until today. Islamic epistemology which is Qu’ran dan Hadith-based within His contribution through al-Risālah book was a proof of the tauhidi paradigm. Third, the method used by the researchers is existence of an Islamic research methodology for centuries. relate to Islamic and Muslims affairs. As a result of the However, the implementation of the methodology are practically construction of Islamic research methodology will enable the applied within the scope of Islamic studies or matters relating to research done by the Islamic epistemology and philosophy. The new issues in Islam olny. research conducted not only aims to solve the problems of society, Islamic research methodology is not too different with the social but also for the purpose of worship to Allah. It also have science research methodology. Both are designed to solve the sufficient analytical tools to analyze phenomenas in Islam

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especially when involved with the scope of metaphysics (the only. Arieff Salleh Rosman (2002) and Muhammad 'Uthman scope of the unseen- al-ghaibiyyat). Syabir (2004: 30) defines al-takyif al-fiqhi as a work to identify a relationship in current issues with a legal issues that existing in This study attempts to evaluate the al-takyif method in Usul past Islamic juristical. According to Ariel Salleh Rosman (2002), al-Fiqh. It is one of the methods used by Muslim scholars to al-takyif is similar to al-Qiyas, but not too closely tied to the determine the juristical law. The findings of the study are to see pillars contained in al-Qiyas. the probability of al-takyif application in Islamic research methodology. Through observation of al-takyif definitions above conclude the method of al-takyif is a method used by the Islamic scholars to METHOD determine laws for new issues. This method also used to connect Data for the study is collected from the original discussions about the laws that have been determined by previous scholars to be method of al-takyif in Usul Fiqh and method of literature reviews discussed in the same scope. in Social Science Research. By using a content analysis method and a descriptive approach, the application of al-takyif in Islamic The Principles of al-takyif Research Methodology are reviewed and analysed. Content According to Muhammad 'Uthman Syabir (2004: 30), the analysis refers to any technique for making inferences by principles of al-takyif is divided into five parts, which are objectively and systematically identifying specified al-waqi'ah al-mustajiddah, al-asl al-fiqhi, al-ahkam al-asl al-fiqhi, characteristics of messages (Stemler, 2001). Manat al-Hukm and Mutabaqah. 1. 1 Al-Waqi'ah al-mustajiddah (the new issue). Muhammad RESULTS & DISCUSSIONS Rawwas Ghal’āh Ji & Hamid Qanibi (1985: 143) defines This study will discuss about method of al-takyif in various al-waqi'ah al-mustajiddah as an event that requires the nas. perspectives such as the definitions, principles, and the It is not confined to the specific discussions in fiqh alone, application of al-takyif in Islamic research methodology. but also include jurisprudence, politics, social issues, medicine and ect (Muhammad 'Uthman Syabir, 2004: 30). Definition of al-Takyif Muhammad 'Abd al-Latif al-Bana (2010: 1589) describes Al-Takyif is a new method became widely used at present by al-waqi'ah al-mustajiddah is a new issue that did not have Islamic scholars (Musfir 'Ali al-Qahtani, 2000: 379). Al-Takyif is a any legal source (al-Quran or al-) on it or it has not word derived from the . It’s defined in terms of language yet been undetermined. and terminology. 2. al-Asl al-fiqhi (the original case). Al-Asl al-fiqhi refers to Islamic law, which have been decided and will be built new كيّ ف derived from the pronouncement (التكييف) In Arabic, al-takyif law upon it. Qutb Mustafa Sanu (2000: 69) defines al-asl which means to cut or subtract something (, n.d: into a matter has been decided by legal source (nas) or the 312-313). It is also defined in terms of language as a state and its consensus (’) which will adopt a new issue onto it. nature (Ibn Darid, Muhammad bin al-Hassan, 1987: 970). According to Muhammad 'Uthman Syabir (2004: 30), al-asl There are various of terminology in defines al-takyif. The Islamic or original case must be backed by primary legal source of contemporary scholars have different opinions about the Islam such as al-Quran, al-Sunnah, Ijma', Qa'idah Kulliyyah definition. Al-takyif is usually more common with the and (diligence) by the Islamic scholars. phraseology of ‘al-takyif al-fiqhi’. This is because the methods of 3. al-Ahkam al-asl al-fiqhi (The original rule). Means the effect al-takyif is widely used in the determination of the jurist or fiqh. from a string of Allah SWT’s command associated with acts

Yusuf al-Qaradawi (1994: 72) for example, defines al-takyif of mukallaf (legal accountability for actions). Islamic law is al-fiqhi as a method of fitting the nas (Islamic legal source) divided into two parts, namely al-hukm al-taklifi (defining towards new issues. In this definition, Al-Qaradawi only single law) and al-hukm al wad’i (declaratory law). In al-ahkam out the method to use in of al-Quran and al-Sunnah’s arguments al-asl al-fiqhi, there is three main criterias that must be met.

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The criterias is the original rule is not abrogated, 'llah forbidden in Islam. (circumstances) in the original rule was something 5. Mutabaqah (The Application). Mutabaqah derived from the thinkable and the original rule was in line with maqasid word tabiq or tibaq intends to adjust or practicing shariah (objectives of shariah) (Muhammad ‘Uthman Syabir, something on something else (Ibn Manzur, n.d: 578). Ibn 2004: 83-84). Faris (1977: 439) also identified al-mutabaqah as two things have in common, then tied both together. According 4. Manat al-hukm (The effective cause). Al-Manat refers to to Muhammad 'Uthman Syabir (2004: 93), al-mutabaqah something that associates with Islamic law 'Illah (reason), defines as a process to link new issue with the original law the causes, motives, principles, reasonable cause, or ect (Ibn after having researched all the similarities between the two. Faris, 1977: 370). According to al-Taftazani (n.d: 31), Al-Mutabaqah is the most important process and will al-Manat is the process of determining the legal associate complete the method of al-takyif. Muhammad 'Uthman with 'Illah (reason). al- (1987: 1338), 'Illah is a Syabir (2004: 93-115) also laid out four criteria that need to clear and measurable description that binding the rule and be investigated in this process. determine the existence of a rule or not. Eg prohibition of 6. The discussion about the principle of al-takyif summarized alcoholic drinks is caused by a drunk. Therefore, alcohol is in the diagram below.

Diagram 1: The Principles of al-Takyif

THE APPLICATION OF AL-TAKYIF IN ISLAMIC RESEARCH that will be carried out. METHODOLOGY The purpose of literature reviews also to identify the theories Based on observation on al-takyif, it is clearly have in common and methods used in previous research and adapting to the new with literature review in social science research. Al-takyif is a esearch that will be carried out (Ridley, 2012: 3). Ridley (2012: 3) method of adapting and comparing a new issue referred to the also assert the literature reviews also strengthens the argument law that had been determined before. While the literature review on the research’s issues and can fill the void that has yet to be identified as an evaluative report of information found in the conducted. In conclusion, the previous studies or literature literature related to selected area of the study. It also defined as a review is usually implemented to get important points in the systematic method, clear and repeated to identify and evaluate research such as to identify the research’s areas, previous the research that has been completed by researchers, scholars studies’ findings and previous’ research methods. and practitioners in research (Fink, 2005: 3, Blaxter, Hughes and Tight, 2006: 122 & Chua Yan Piaw, 2006: 35) As mention above, with the method of al-takyif, a previous rule was decided by the previous Islamic scholars will be adapt to the According to Chua Yan Piaw (2006: 35), the main purpose of new issue if the discussion is in the same scope. But, if there are literature review is to obtain useful information based on the differences and still in the same discussion, the methods and past research that have been executed before. The information is then theory will serve as a guide. Technically, the method of al-takyif used to support an argument or get an overview of the research have in common with literature review.

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If examined the relationship between al-takyif and literature similarity between the two studies. Fifth, muutabaqah (practical) review, there are similarities between the two methods that can can be considered as the process of analyzing and determining be purified. First, the al-wa'qiah al-mustajiddah (new issues) can the level of similarity between the two studies. Mutabaqah also be designated as current research that will be done by a determines the matter that can be taken from the past studies researcher. Second, al-asl al-fiqhi (original case) was also similar findings to assist in the current research. with past studies that have been conducted. Third, al-ahkam The relationship between al-takyif and literature review al-asl al-fiqhi (original rule) can be considered as the findings illustrated in diagram 2 below. from past studies. Fourth. manat al-hukm (cause) is the point of

Al-Takyif Literature Review

al-Wa’qiah al-Mustajiddah CurrentResearch

al-Asl al-Fiqhi Past Research

al-Ahkam al-Asl al-Fiqhi Past Research Findings

Mutabaqah Practical

Manat al-Hukm Similarities Between Studies

Diagram 2: The relationship between al-takyif and literature review

CONCLUSION Masalih Mursalah, , ‘, Sadd al-dharai, Shara’ man Based on the discussion above, method of al-takyif which is qablana and ect). While in the literature review, sources can be usually discussed in Usul al-Fiqh are similar to one of method taken from any material although it also divided into primary and used in conventional research methodology namely literature secondary sources. review. The similiarity between this two methods is not intended In the discussion above too, method al-takyif known as the as a whole, but in the certain area such as obtaining or gathering method used by Islamic scholars to determine rule especially in some information from the past research. Islamic jurisprudent. It also stated that this method is Despite similarities that mention before, method of al-takyif and restructuring from the framework of al-Qiyas in Usul al-Fiqh. literature review also have the differences. Among difference is While in this study, al-takyif is trying to be discussed in the new from the philosophical angel. Method of al-takyif constructed field which is research methodology. This study is an initial from Islamic Islamic philosophy and perspective while method of attempt to build an Islamic Research Methodology based on the literature review is constructed from conventional philosophy Islamic knowledges. Theoretically, method of al-takyif can be that had no connection with any religious elements. applied in Islamic research methodolody as an alternative to the conventional literature review. The study hope the method of In addition, the differences between this two methods is also al-takyif can be used practically in the actual research mainly from the sources aspect. In method of al-takyif, the sources is involves the study of Islam and Muslims. arranged as in its original discussion in Usul al-Fiqh which is divided into two; firstly, primary sources (al-Quran, al-Sunnah,

Ijma’ & Qiyas) and secondly, the secondary sources (,

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