Al-Takyif Al-Fiqhi and Its Application in Islamic Research Methodology

Khairuldin, Wan Mohd Khairul Firdaus Wan; Hassan, Shahir Akram; Anas, Wan Nur Izzati Wan Nor; Mokhtar, Wan Khairul Aiman Wan; Embong, Abdul Hanis

doi:10.31838/jcr.07.07.80

Cited by 5 publications

(1 citation statement)

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“…Firstly, the data were collected using library research from both antecedent and contemporary evidences from Muslim jurists and scholars, as well as the scientists. Next, fiqh adaptation (al-takyif al-fiqhi) is applied, in which to link the laws that have been determined by previous scholars to be discussed in the similar scope, and hence it has been applied in Islamic research methodology as alternative to conventional literature review (Khairuldin et al, 2020). In this study, the researchers adapted the previous legal rulings on clothes made up of silk, for instance from silkworm yarn, to be applied on spider silk production, and adapted the previous legal rulings on organ and tissue donation and the usage of impure (najs) materials, such as pig, as a medication purpose, from Muslim jurists and various fatwa institutions, to be applied on humanized pig organ production.…”

Section: Methodsmentioning

confidence: 99%

The Application of al-Intiqal (the transition) on Synthetically Modified Organisms (SMOs): An Analysis from Shariah and Science Approaches

Ramli

Jamaludin

Nordin

et al. 2023

UMRAN

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Synthetic biology, or SynBio, is a fast-growing technology, that combines biology, chemistry, computer science, and engineering, producing synthetically modified organisms (SMOs), in which organisms for which a large part or the entire genome has been designed using computer-aided design tool and chemically synthesized. Concern arises when (deoxyribonucleic acid) DNA constructs are made up of impure (najs) substances in Shariah as raw material, like transfer of engineered pig cells with modified genomes. One of alternative verification methods of Shariah law, namely al-Intiqal (the transition), can assist Muslim jurists in determining legal rulings on particular Halal contemporary issues, as there is no explicit information about genetic modified technology in the Qur’an or Hadith. This study aims to determine the theory of al-Intiqal (the transition) from Shariah and science approaches and apply the structure and division of al-Intiqal (the transition) on SMOs productions, like synthetic spider silk and humanized pig organ. Qualitative methods were applied including library research, fiqh adaptation (al-takyif al-fiqhi), and semi structured in-depth interview. Study shows that two divisions of al-Intiqal (the transition) can be applied within SMOs productions, which are al-Intiqal al-sahih (the accepted transition) and al-Intiqal al-fasid (the damaged transition). Study concludes that DNA synthesizer as conversion agent within SMOs production process can be considered permissible (Halal), while synthetic spider silk is also permissible (Halal) as the raw material is considered pure and its transition process had completely occurred in Shariah, nonetheless humanized pig organ is impermissible (Haram) as the raw material and its recipient organism are impermissible (Haram) and its transition process had not completely occurred in Shariah, except for emergency (darurah) case with some provisions.

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Section: Methodsmentioning

confidence: 99%

The Application of al-Intiqal (the transition) on Synthetically Modified Organisms (SMOs): An Analysis from Shariah and Science Approaches

Ramli

Jamaludin

Nordin

et al. 2023

UMRAN

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Shariah Assessment Toward the Prosecution of Cybercrime in Indonesia

Naro¹,

Syatar²,

Amiruddin³

et al. 2022

Int. J. Criminol. Sociol.

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This research aims to uncover how Islamic criminal acts towards social media crimes. This study also elaborates on how Islam assesses Indonesian criminal prosecution against social media crimes. The approach used is a juridical normative to assess the criminal law system in force in Indonesia with the Islamic criminal perspective as grand theory. The results found that crime through social media was adapted with the crime in Islamic law namely Hudūd, qisas diyat and tazir. This research also found that the Indonesian legal system provides legal rewards for perpetrators of crimes through social media charged with the Information and Electronic Transactions (ITE) Law still needs to be expanded. Crimes through social media most often threatened by the ITE Law are insults to the government or symbols of the state, threatening and defamation of others, insults to others and violating SARA (ethnicity, religion, race and intergroup). Cybercrimes related to adultery, alcoholism and terrorism must be considered because they are a serious threat. Prison penalties and fines that are most often sentenced to perpetrators of social media crimes include part of criminal tazir which is following Islamic criminal law.

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