THE APPLICATION OF AL-TAKYIF IN ISLAMIC RESEARCH METHODOLOGY

Man In India, 97 (22) : 307-317 Serials Publications THE APPLICATION OF AL-TAKYIF IN ISLAMIC RESEARCH METHODOLOGY Wan Mohd Khairul Firdaus Wan Khairuldin *, Daud Ismail * Wan Khairul Aiman Wan Mokhtar * Wan Nur Izzati Wan Nor Anas * Abdul Hanis Embong * and Mustaffami Imas * 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 Islam. Al-Takyif is adapted from al-qiyas method in Usul al-fiqh 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, Islamic research methodology, Fatwa. INTRODUCTION The classical Islamic scholars have conducted various researches in solving the current juristical issues existed in their days. Al-Buti (1990: 59-60) claims the Islamic Research Methodology existed for centuries particularly in the golden age of Islamic knowledge. A method which determines Islamic law, especially in juristical emerged in this Islamic Knowledge Golden era which is called Usul al-fiqh (principles of jurisprudence). It is also known as classical Islamic sciences by Louay Safi (1998). The foremost Usul Fiqh s book named al-risālah which was codified and compiled by Imam al-shafi i. He is regarded as a pioneer in Usul al-fiqh and his efforts continued by Muslim scholars until today. His contribution through al-risālah book was a proof of the existence of an Islamic research methodology for centuries. However, the implementation of the methodology are practically applied within the scope of Islamic studies or matters relating to new issues in Islam only. Islamic research methodology is not too different with the social science research methodology. Both are designed to solve the problems that arise throughout the research process. This is also consistent with the recommendation of al-buti (1990: 59-60) to streamline the classical Islamic research methodology according to current circumstances. * Faculty of Islamic Studies, Universiti Sultan Zainal Abidin, 21300 Kuala Nerus, Terengganu, Malaysia. E-mail: wanfirdaus@unisza.edu.my, Corresponding Author

308 MAN IN INDIA This study attempts to evaluate the al-takyif method in Usul al-fiqh. It is one of the methods used by Muslim scholars to determine the juristical law. The findings of the study are to see the probability of al-takyif application in Islamic research methodology. ISLAMIC RESEARCH METHODOLOGY Lately, research methodology based on classical Islamic knowledge such as Usul al-fiqh became a discussion among the researchers especially muslim s researchers. Islamic research methodology is still not commonly used in any research whether in Islamic research or social science research now days. Most of the work done at present is to reconstitute the Islamic knowledge that is suitable and can be used in Islamic research methodology. Before turning to the discussion on the Islamic research methodology s definition, the discussion started with the definition of social research methodology beforehand. Social research methods is the process of collecting data that will help researchers to address various aspects of society and can understand the culture of the society. This process is based on common sense to understand a problem (Bailey, 1994: 3). Pannerselvam (2006: 2) defines social research methods as a system based on models, procedures and specific techniques used to obtain the results of the research problem. While Kumar (2010: 18) defines research methods as a process that requires the researcher to choose several methods, models and procedures to achieve research s objectives. Based on the definitions above, social research methods can be described as a process that involves several methods to generate findings. The findings of this study were obtained based on the objectives that have been set. Meanwhile, Islamic research methodology has several definitions. Mohammad Anwar (1994: 252) defines Islamic research methodology is the method which to find an answers to the issues and problems based on three main sources of Islam. The sources he stated are al-qur an, al-sunnah and Ijtihad (diligence). Fazlur Rehman Faridi (1994: 62) defines Islamic research methodology as scientific research based al-quran and al-sunnah. The term of scientific means a systematic investigation or research based on specific resources He believes the Islamic research methodology has four characteristics. First, acquire knowledge. Second, find the ultimate truth. Third, to know God and fourth, introducing human values (moral). Islamic Research methodology also defined as a research method based on Islamic sciences including Usul al-fiqh and so on (Muhammad Shukri Salleh, 2008). Muhammad Shukri Salleh (2011: 8-14) also explains, Islamic research methodology must meet three criterias. First, the combination two kinds of knowledge which is al-daruri (necessary) and al-nazari (knowledge which results from an inquiry).

THE APPLICATION OF AL-TAKYIF IN ISLAMIC RESEARCH... 309 Second, based on Islamic epistemology which is Qu ran dan Hadith-based within tauhidi paradigm. Third, the method used by the researchers is relate to Islamic and Muslims affairs. As a result of the construction of Islamic research methodology will enable the research done by the Islamic epistemology and philosophy. The research conducted not only aims to solve the problems of society, but also for the purpose of worship to Allah. It also have sufficient analytical tools to analyze phenomenas in Islam especially when involved with the scope of metaphysics (the scope of the unseen- al-ghaibiyyat). Therefore, as a conclusion from all definitions above, Islamic research methodology can be defines as a method used in the research using Islamic resources such as al-quran and al-sunnah. Moreover, tool of analysis prepared in Usul al- Fiqh is fundamental and fulfill any kind of research on Islamic and muslims affairs. LITERATURE REVIEWS As mention before, the discussion of Islamic research methodology is new and still in initial stage, there are not many researchs that study about it. According to Muhammad Syukri Salleh (2008: 134), the needs to build Islamic research methodology is very critical for several reasons. First, social research methods are not suitable to be used to study something related to Islamic and muslim s affairs. He likened the study used social research methods framework as orientalis. This is because Islam has had its own research framework but it should be re-polished in accordance with the research needs now days. Second, tools of analysis in social research methods are not sufficient to understand and solve the problem of social reality especially when involves religious phenomena such as the scope of metaphysics (the existence of Allah, heaven, hell, ect). Third, social research methods endanger to the Islamic thought because it support positivism (ignore the belief in God in all aspects of science), anti-dogma and value-free (separating theology and observation of social reality). Mahsun Fuad (2008) in his thesis criticized the absence of a systematic Islam research methodology nowdays. He explained that social research methods could not afford to solve the current problems mainly related to Islamic law. Therefore, he suggested a merger between the social research methods and Islamic research methodology in order to enhance the study. In addition, the study by Rahimin Affandi Abdul Rahim (2002) focused on the construction of the Islamic research methodology that can be used in the realization of Fiqh in Malaysia s context. He organized a basic framework of Islamic law as an alternative in research methods particularly in Usul al-fiqh as an analytical tool. He also suggested more thorough study to be conducted in order to combine science with classic Islamic research methodology to solve Islamic social problems nowdays.

310 MAN IN INDIA The studies above discussed more on theoretical aspect and the suggestion to construct Islamic research methodology. Until now, there are few studies that have been generated related to specific Islamic research methodology s theme. These studies are further research in the application of Islamic sciences in Islamic research methodology. Among the research that have been done are by Shahir Akram Hassan (2010 & 2014), Nur Ilani Mat Nawi (2012), Mohd Syahmir Alias (2014), and Mohd Syahmi Miswan (2014). Research by Shahir Akram Hassan (2012) for example reviewed methods of selecting hadith collection Islamic scholars. The methods are analyzed and intended to be used as a data collection in Islamic research methodology. Meanwhile Shahir Akram Hassan (2014) also apply the method of mantiq (Islamic logic) in Islamic research methodology. Research by Nur Ilani Mat Nawi (2012) examined aspects of epistemology and philosophy in algebra. The analysis conducted in the research were to propose the use of this method as a method of data analysis in Islamic research methodology. While two other researchs also tried to apply Islamic knowledge to Islamic research methodology like Mohd Syahmir Mohd Alias (2014) who was reviewed the scientific concept of Ibn al-haytham while Mohd Syahmi Miswan (2014) examines one of the methods in Usul al-fiqh. Based on previous studies related to Islamic research methodology, there are not many studies have been done to construct Islamic research methodology. The Studies more focused on the establishment of the specific methods in Islamic science to be applied in Islamic research methodology. While the other studies suggest the need to build the Islamic research methodology by highlighting shortcomings in social research methods. Based on these studies, there are many voids can be filled by the study. For that purpose, the study try to apply method of al-takyif in Islamic research methodology. METHOD Data for the study is collected from the original discussions about method of al-takyif in Usul Fiqh and method of literature reviews in Social Science Research. By using a content analysis method and a descriptive approach, the application of al-takyif in Islamic Research Methodology are reviewed and analysed. Content analysis refers to any technique for making inferences by objectively and systematically identifying specified characteristics of messages (Stemler, 2001). RESULTS AND DISCUSSIONS This study will discuss about method of al-takyif in various perspectives such as the definitions, principles, and the application of al-takyif in Islamic research methodology.

THE APPLICATION OF AL-TAKYIF IN ISLAMIC RESEARCH... 311 Definition of al-takyif Al-Takyif is a new method became widely used at present by Islamic scholars (Musfir Ali al-qahtani, 2000: 379). Al-Takyif is a word derived from the Arabic. It s defined in terms of language and terminology. In Arabic, al-takyif ( ) derived from the pronouncement which means to cut or subtract something (Ibn Manzur, n.d: 312-313). It is also defined in terms of language as a state and its nature (Ibn Darid, Muhammad bin al-hassan, 1987: 970). There are various of terminology in defines al-takyif. The Islamic contemporary scholars have different opinions about the definition. Al-takyif is usually more common with the phraseology of al-takyif al-fiqhi. This is because the methods of al-takyif is widely used in the determination of the jurist or fiqh. Yusuf al-qaradawi (1994: 72) for example, defines al-takyif al-fiqhi as a method of fitting the nas (Islamic legal source) towards new issues. In this definition, Al-Qaradawi only single out the method to use in of al-quran and al-sunnah s arguments only. Arieff Salleh Rosman (2002) and Muhammad Uthman 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 past Islamic juristical. According to Ariel Salleh Rosman (2002), al-takyif is similar to al-qiyas, but not too closely tied to the pillars contained in al-qiyas. Through observation of al-takyif definitions above conclude the method of altakyif is a method used by the Islamic scholars to determine laws for new issues. This method also used to connect the laws that have been determined by previous scholars to be discussed in the same scope. The Principles of al-takyif According to Muhammad Uthman Syabir (2004: 30), the principles of al-takyif is divided into five parts, which are al-waqi ah al-mustajiddah, al-asl al-fiqhi, alahkam al-asl al-fiqhi, Manat al-hukm and Mutabaqah. 1. Al-Waqi ah al-mustajiddah (the new issue). Muhammad Raw was Ghal āh Ji & Hamid Qanibi (1985: 143) defines al-waqi ah al-mustajiddah as an event that requires the nas. It is not confined to the specific discussions in fiqh alone, but also include jurisprudence, politics, social issues, medicine and ect (Muhammad Uthman Syabir, 2004: 30). Muhammad Abd al-latif al-bana (2010: 1589) describes al-waqi ah al-mustajiddah is a new issue that did not have any legal source (al-quran or al-sunnah) on it or it has not yet been undetermined. 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 law upon it. Qutb Mustafa Sanu (2000: 69) defines al-asl into a matter has been decided by legal source (nas)

312 MAN IN INDIA or the consensus (ijma ) which will adopt a new issue onto it. According to Muhammad Uthman Syabir (2004: 30), al-asl or original case must be backed by primary legal source of Islam such as al-quran, al-sunnah, Ijma, Qa idah Kulliyyah and ijtihad (diligence) by the Islamic scholars. 3. Al-Ahkam al-asl al-fiqhi (The original rule). Means the effect from a string of Allah SWT s command associated with acts of mukallaf (legal accountability for actions). Islamic law is divided into two parts, namely al-hukm al-taklifi (defining law) and al-hukm al wad i (declaratory law). In al-ahkam al-asl al-fiqhi, there is three main criterias that must be met. The criterias is the original rule is not abrogated, llah (circumstances) in the original rule was something thinkable and the original rule was in line with maqasid shariah (objectives of shariah) (Muhammad Uthman Syabir, 2004: 83-84). 4. Manat al-hukm (The effective cause). Al-Manat refers to something that associates with Islamic law Illah (reason), the causes, motives, principles, reasonable cause, or ect (Ibn Faris, 1977: 370). According to al-taftazani (n.d: 31), al-manat is the process of determining the legal associate with Illah (reason). al-fairuzabadi (1987: 1338), Illah is a clear and measurable description that binding the rule and determine the existence of a rule or not. Eg prohibition of alcoholic drinks is caused by a drunk. Therefore, alcohol is forbidden in Islam. 5. Mutabaqah (The Application). Mutabaqah derived from the word tabiq or tibaq intends to adjust or practicing something on something else (Ibn Manzur, n.d: 578). Ibn Faris (1977: 439) also identified al-mutabaqah as two things have in common, then tied both together. According to Muhammad Uthman Syabir (2004: 93), al-mutabaqah defines as a process to link new issue with the original law after having researched all the similarities between the two. Al-Mutabaqah is the most important process and will complete the method of al-takyif. Muhammad Uthman Syabir (2004: 93-115) also laid out four criteria that need to be investigated in this process. The discussion about the principle of al-takyif summarized in the diagram below. The Principle of al-takyif al-waqi ah al- Mustajiddah al-al al-fiqhi al-ahkam al- Asl al-fiqhi Manat al- Hukm Mutabaqah Figure 1: The Principles of al-takyif

THE APPLICATION OF AL-TAKYIF IN ISLAMIC RESEARCH... 313 THE APPLICATION OF AL-TAKYIF IN ISLAMIC RESEARCH METHODOLOGY Based on observation on al-takyif, it is clearly have in common with literature review in social science research. Al-takyif is a method of adapting and comparing a new issue referred to the law that had been determined before. While the literature review identified as an evaluative report of information found in the literature related to selected area of the study. It also defined as a systematic method, clear and repeated to identify and evaluate the research that has been completed by researchers, scholars and practitioners in research (Fink, 2005: 3, Blaxter, Hughes and Tight, 2006: 122 & Chua Yan Piaw, 2006: 35). According to Chua Yan Piaw (2006: 35), the main purpose of literature review is to obtain useful information based on the research that have been executed before. The information is then used to support an argument or get an overview of the research that will be carried out. The purpose of literature reviews also to identify the theories and methods used in previous research and adapting to the new research that will be carried out (Ridley, 2012: 3). Ridley (2012: 3) also assert the literature reviews also strengthens the argument on the research s issues and can fill the void that has yet to be conducted. In conclusion, the previous studies or literature review is usually implemented to get important points in the research such as to identify the research s areas, previous studies findings and previous research methods. As mention above, with the method of al-takyif, a previous rule was decided by the previous Islamic scholars will be adapt to the new issue if the discussion is in the same scope. But, if there are differences and still in the same discussion, the methods and past theory will serve as a guide. Technically, the method of al-takyif have in common with literature review. If examined the relationship between al-takyif and literature review, there are similarities between the two methods that can be purified. First, the al-wa qiah almustajiddah (new issues) can be designated as current research that will be done by a researcher. Second, al-asl al-fiqhi (original case) was also similar with past studies that have been conducted. Third, al-ahkam al-asl al-fiqhi (original rule) can be considered as the findings from past studies. Fourth. manat al-hukm (cause) is the point of similarity between the two studies. Fifth, muutabaqah (practical) can be considered as the process of analyzing and determining the level of similarity between the two studies. Mutabaqah also determines the matter that can be taken from the past studies findings to assist in the current research.

314 MAN IN INDIA The relationship between al-takyif and literature review illustrated in diagram 2 below. Al-Takyif Literature Review al-wa qiah al-mustajiddah al-asl al-fiqhi CurrentResearch Past Research al-ahkam al-asl al-fiqhi Mutabaqah Manat al-hukm Past Research Findings Practical Similarities Between Studies Figure 2: The relationship between al-takyif and literature review CONCLUSION Based on the discussion above, method of al-takyif which is usually discussed in Usul al-fiqh are similar to one of method used in conventional research methodology namely literature review. The similiarity between this two methods is not intended as a whole, but in the certain area such as obtaining or gathering some information from the past research. Despite similarities that mention before, method of al-takyif and literature review also have the differences. Among difference is from the philosophical angel. Method of al-takyif constructed from Islamic Islamic philosophy and perspective while method of literature review is constructed from conventional philosophy that had no connection with any religious elements. In addition, the differences between this two methods is also from the sources aspect. In method of al-takyif, the sources is 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 (Istihsan, Masalih Mursalah, Istishab, Urf, Sadd al-dharai, Shara man qablana and ect). While in the literature review, sources can be taken from any material although it also divided into primary and secondary sources. In the discussion above too, method al-takyif known as the method used by Islamic scholars to determine rule especially in Islamic jurisprudent. It also stated that this method is restructuring from the framework of al-qiyas in Usul al-fiqh.

THE APPLICATION OF AL-TAKYIF IN ISLAMIC RESEARCH... 315 While in this study, al-takyif is trying to be discussed in the new field which is research methodology. This study is an initial attempt to build an Islamic Research Methodology based on the Islamic knowledges. Theoretically, method of al-takyif can be applied in Islamic research methodolody as an alternative to the conventional literature review. The study hope the method of al-takyif can be used practically in the actual research mainly involves the study of Islam and Muslims. ACKNOWLEDGEMENT This research was funded by the Ministry of Higher Education, Malaysia (KPT) under Research Acculturation Grant Scheme (RAGS). Special thanks to KPT and also Universiti Sultan Zainal Abidin (UniSZA), Terengganu, Malaysia. References Al-Buti, Muhammad Sa id. (1990). Azmah al-ma rifah wa Ilajuha fi Hayatina al-fikr al-mu asirah. In al-manhajiyyah al-islamiyyah wa al- Ulum al-sulukiyyah wa al- Tarbawiyyah. Jordan: al-ma had al- Alami li al-fikr al-islami. Al-Fairuzabadi, Muhammad bin Ya qub. (1987). Qamus al-muhit, Beirut: Muassasah al-risalah. Arieff Salleh Rosman. (2002). Harta Intelektual Menurut Fiqh Islam. Johore : Penerbit Universiti Teknologi Malaysia, cet. 1. Arlene Fink. (2005). Conducting Research Literature Reviews: From the Internet to Paper. California: SAGE Publications Inc. Bailey, Kenneth D. (1994). Methods of Sosial Research- 4th Edition. New York: The Free Press. Chua Yan Piaw. (2006). Kaedah Penyelidikan (Buku 1). Malaysia: McGraw Hill Education (Malaysia) Sdn. Bhd. Diana Ridley. (2012). The Literature Review: A Step-by-Step Guide for Students. London: SAGE Publishing Ltd. Fazlur Rehman Faridi (1994). Islamic Research Methodology: Some Reflection, dalam Mohammad Muqim (ed), Research Methodology In Islamic Perspective. New Delhi: Institute of Objective Studies. Ibn al-mandhur (n.d), Lisan al-arab, Cairo : Dar al- Ma arif. Ibn Darid, Muhammad bin al-hassan. (1987). Jamharah al-lughah. Beirut: Dar al- Ilm al- Malayin.. Ibn Faris, Ahmad. (1977). Mu jam Maqayis al-lughah.beirut: Dar al-jil. Kumar, C. Rajendar (2011). Research Methodology. New Delhi: APH Publishing Corporation. Lorraine Blaxter, Christina Hughes & Malcolm Tigh. (2006) How to Research. New York: Open University Press. Louay Safi. (2006). The Foundation of Knowledge-A Comparative Study of in Islamic and Method of Inquiry. Kuala Lumpur : International Islamic University Malaysia Press. M.H. Mukhti. (2004). al-syafi i Sebagai Bapak Ushul Fiqh. In Jurnal Studi Islam dan Budaya. Purwokerto: PM3. STAIN Purwokerto, pg 66-84.

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