Resolutions of the Islamic Fiqh Council during Its Tenth Session Held between Safar 1408H (17-21 October 1987)

Transcription

1 Resolutions of the Islamic Fiqh Council during Its Tenth Session Held between Safar 1408H (17-21 October 1987) 263

2 أبيض 264

3 The First Resolution on Post-Mortem Examination of Dead Bodies All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council of the Muslim World League during its 10 th session held between Safar 1408H (17-21 October 1987) looked into the post-mortem examination of dead bodies. After a discussion and exchange of views, the Council issued the following resolution: Since the necessities which call for the post-mortem examination of dead bodies constitute a good aspect that overcomes the bad aspect of violating the honour of dead bodies, the Council adopted the following resolution: First: It is lawful to do the post-mortem examination of dead bodies for one of the following purposes: a) To investigate a criminal case in order to know the causes of death or crime committed when it is difficult for judge to know the causes of death, and when it becomes clear that the post-mortem examination is the only way of knowing these causes. b) To confirm a disease that requires post-mortem examination in order to take precautionary measures and appropriate remedies for this disease. 265

4 c) To impart medical education as is the case in medical colleges. Second: The post-mortem examination of dead bodies for educational purposes should have the following considerations: a) If the dead body belongs to a known person, it is stipulated that the person had permitted for his post-mortem examination before his death, or his heirs permit for it after his death. Any post-mortem examination should not be done to the body of an innocent person unless it is necessary. b) The post-mortem examination must be confined to the extent that is necessary so that the post-mortem examination should not turn into playing with the dead body. c) The post-mortem examination of female dead bodies must not be done by other than female medical practitioners unless they are not available. Third: In any case, all parts of the dead bodies that went through the post mortem examination must be buried. Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam 266

5 Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Muhammad Mahmood Al-Sawwaf Abul Hasan Ali Al-Nadwi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Note: The following members could not attend the session: Dr. Yusuf Abdullah Al-Qardhawi Muhammad Ibn Saleh Al-Othaimeen Abdul Quddoos Al-Hashimi Mahmood Sheith Khattab Hasanain Muhammad Makhloof Mabrook Mas ood Al-Awaadi 267

6 أبيض 268

7 The Second Resolution on Death Report and Removal of Life-Support Instruments from Human Body All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council of the Muslim World League during its 10 th session held between Safar 1408H (17-21 October 1987) looked into the issue of report on death based on clear medical indications, and into the permissibility of removing the life-support instruments from the patient who is under intensive care. The Council examined the views and medical studies submitted verbally and in writing by Ministry of Health in Saudi Arabia and also by the medical specialists. It also reviewed the resolution No. (5) adopted by the OIC Islamic Fiqh Academy in Amman. After discussion and deliberation on the issue from all its aspects and dimensions, the Council adopted the following resolution: The life-support instruments which have been installed upon the body of patient can be removed from him, when all the functions of his brain have stopped working finally, and a penal of three medical specialists and experts decides that this situation of the brain is irreversible, though the heart and breathing are still continuing due to the life-support instruments. However, he will not be declared legally dead unless heart and breathing fully stop working after removal of the life-support instruments. 269

8 Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Muhammad Mahmood Al-Sawwaf Abul Hasan Ali Al-Nadwi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Note: The following members could not attend the session: Dr. Yusuf Abdullah Al-Qardhawi Muhammad Ibn Saleh Al-Othaimeen Abdul Quddoos Al-Hashimi Mahmood Sheith Khattab Hasanain Muhammad Makhloof Mabrook Mas ood Al-Awaadi 270

9 The Third Resolution on Boxing, Free-style Wrestling and Bull Fighting All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council of the Muslim World League during its 10 th session held between Safar 1408H (17-21 October 1987) looked into the issue of boxing, free-style wrestling as they are generally considered to be lawful physical exercise, and also into the issue of bull fighting that is held in some of the foreign countries; whether it is lawful in Islam or not? After having a discussion on these issues from various aspects, and the consequences of these so-called games which are now telecast in the Muslim countries, and after examining the studies prepared in this regard on assignment from the Council in its previous session by the medical specialists, and after having a review of survey on happenings in the world countries as a result of boxing, free-style wrestling and bull fighting, and some human tragedies, which are generally seen on televisions in consequence of such games, the Council adopted the following resolution: First: Boxing The Council is unanimously of the view that the abovementioned boxing which is practised today in various countries is forbidden in the Islamic Shari ah, because it is based on causing the maximum physical harm between the contestants, and which may cause them blindness, serious brain damage, deep injuries or even death without any responsibility on the person who causes 271

10 this, while the public happily supports the winner and shows delight at the harm inflicted to the loser. This action is forbidden in Islam, as Almighty Allah says: And make not your own hands contribute to (your) destruction (Qur an, 2:195) Also: Nor kill (or destroy) yourselves, for verily Allah has been to you most merciful. (Qur an, 4:29) Prophet Muhammad (peace be upon him) has been reported as saying: No harm (to you) and no harm (to others). Therefore, scholars of the Islamic Fiqh have stated that if a person allows another person to kill him and says to him: Kill me., it is not permissible for him to kill the person and if he so did, he would be responsible for killing and liable for punishment. On this basis, the Council decides that boxing must not be called a physical exercise and it must not be allowed, because the concept of physical exercise is based on the body training without hurt or harm. It must be abolished in the local sports programmes and in the international matches. The Council also decides that it is not lawful to telecast it on television programmes so that the new generation does not learn this bad practice and try to copy it. Second: Free-Style Wrestling Regarding free-style wrestling in which both wrestlers try their utmost to hit and harm each other, the Council considers it the same to the above-mentioned boxing, though its form is different, because all aspects of peril taken into account in the light of the Islamic Shari ah regarding the boxing are found in the free-style wrestling, hence it has the similar ruling of being forbidden. 272

11 Other types of wrestling which are practised for physical exercise only and in which no harm is allowed, are lawful in the Islamic Shari ah and the Council finds no objection to it. Third: Bull Fighting As regard bull fighting that is generally held in some of the world countries and which leads to killing of the bull with the smart use of arms by the trained human being, so it is also forbidden in the Islamic Shari ah, because it leads to the killing of animal by torturing it and hitting its body with arrows. Also, it often leads to a situation in which the bull kills its human wrestler. This is a savage practice which is rejected by the Islamic Shari ah as Prophet Muhammad (peace be upon him) has been reported in an authentic Hadith as saying: A woman entered the Hell because of a cat which she detained. Durign its detension, she did not give it food and water. She even did not release it so that it takes its food from elsewhere. If this detention of a cat causes entry into Hell in the hereafter, then what about those who torture the bull to death with their arms? Fourth: Instigation of Animals Regarding the instigation of animals fighting which is practised in some countries such as fighting between camels, rams, cocks, etc. till these animals injure or kill each other, the Council decides that such a practice is forbidden. The discussion of the above issues was also attended by Dr. Muhammad Abdullah Abdul Wahed from Kuwait. Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef 273

12 Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Muhammad Mahmood Al-Sawwaf Abul Hasan Ali Al-Nadwi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Note: The following members could not attend the session: Dr. Yusuf Abdullah Al-Qardhawi Muhammad Ibn Saleh Al-Othaimeen Abdul Quddoos Al-Hashimi Mahmood Sheith Khattab Hasanain Muhammad Makhloof Mabrook Mas ood Al-Awaadi 274

13 The Fourth Resolution on Eatable Animal s Slaughter with Electric Shock All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council of the Muslim World League during its 10 th session held between Safar 1408H (17-21 October 1987) looked into the issue of eatable animal s slaughter with electric shock. After discussion and exchange of views on the issue, the Council adopted the following resolution: First: When the eatable animal is given electric shock, and after that, it is slaughtered while it is alive, then it is Halal to eat it as Almighty Allah says: Forbidden to you (for food) are dead meat, blood, the flesh of swine and that on which has been invoked the name of other than Allah, that which has been killed by strangling, or by a violent blow, or by a head long fall, or by being gored to death, that which has been (partly) eaten by a wild animal unless you are able to slaughter it (in due form) (Qur an, 5:3) Second: If the electrically shocked animal expires before its slaughter, then it is dead and it is not lawful to eat it as Allah says: Forbidden to you (for food) are dead meat (Qur an, 5:3) Third: Electric shock high voltage to eatable animal is indeed a torture to the animal before its slaughter. Islam prohibits this 275

14 practice and commands for mercy and good deal with it. Prophet Muhammad (peace be upon him) is reported as saying: Allah has ordained good treatment for every thing, If you are to kill, then be good in killing, and when you are to slaughter, then be good in slaughtering and one should sharpen the blade in order to make an easy slaughter of the animal. (Muslim) Fourth: If the electric current is low voltage and its touch is light, giving no torture to the animal and lessening the pain of slaughter, then there is no objection to it in the Islamic Shari ah, because there is a consideration in favour of the animal. Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Muhammad Mahmood Al-Sawwaf Abul Hasan Ali Al-Nadwi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood 276

15 Note: The following members could not attend the session: Dr. Yusuf Abdullah Al-Qardhawi Muhammad Ibn Saleh Al-Othaimeen Abdul Quddoos Al-Hashimi Mahmood Sheith Khattab Hasanain Muhammad Makhloof Mabrook Mas ood Al-Awaadi 277

16 أبيض 278

17 The Fifth Resolution on Research Paper of Legal Advisor, Ibrahim Al-Nasser: 'Stand of Islamic Shari ah on Banks' All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council of the Muslim World League during its 10 th session held between Safar 1408H (17-21 October 1987) reviewed the research paper prepared by the Legal Advisor at the Saudi Monetary Agency, Ibrahim Abdullah Al- Nasser entitled (Stand of Islamic Shari ah on Banks) in which he claims that loan with interest and Mudhaarabah with limited fees are permissible. The Council strongly disapproves this research paper: First: For the researcher s revolt against the Qur an, Sunnah and Ijmaa whereas he has permitted loan with interest and has considered it different from usury of Jahiliyah (pre-islamic era of ignorance) which the Qur an has mentioned. Second: For his ignorance about well-known facts of the religion, and his attempt to change realities, considering deal of the person who borrows with interest from the bank a permissible trading and a lawful Mudhaarabah. Third: For his opposition to the unanimous view of Muslim scholars by permitting Mudhaarabah with limited profit according to 279

18 some contemporary views only and there is no evidence in support of it. Fourth: For his biased and audacious claim that there shall never be banks without interest and there shall never be Islamic power without banks, and that banks which lend with interest are inevitable necessity, while the Muslim Ummah since its beginning has lived powerful without banks. His claim is refuted in the present era by the fact that several investment banks have been established in many of the Muslim countries. His claim that the banks which lend with interest are a necessity of the people is not acceptable, because usury is an evil and if it is correct that loan with interest is a necessity, then it is abolished because there are many proofs that prohibit such usurious interest. Fifth: For describing his research paper as an Ijtehad as it is an invalid Ijtehad and it is also contrary to the clear-cut textual provisions of the religion and the absolute consensus of Muslim Ummah. It is in fact an attempt to promote suspicion and false notion by quoting those who are ignorant of the Islamic Shari ah s objectives. To say that usury is a recompense for the lender s deprivation during the lending period is in fact to subscribe to the views of Jews in order to make the usury lawful. The Council appeals to those who want to write about the Islamic Shari ah to be fearful of Almighty Allah. They should not write any thing except on the basis of full knowledge and strong evidence. They must not open doors to suspicion and ignorance, so that they do not divert the people from truth and make their religion more complicated. May Allah guide all of us to the truth. 280

19 Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Muhammad Mahmood Al-Sawwaf Abul Hasan Ali Al-Nadwi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Note: The following members could not attend the session: Dr. Yusuf Abdullah Al-Qardhawi Muhammad Ibn Saleh Al-Othaimeen Abdul Quddoos Al-Hashimi Mahmood Sheith Khattab Hasanain Muhammad Makhloof Mabrook Mas ood Al-Awaadi 281

20 أبيض 282

21 The Sixth Resolution on Questions Asked by International Islamic Relief Committee of North America All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council of the Muslim World League during its 10 th session held between Safar 1408H (17-21 October 1987) took note of the two questions asked by the International Islamic Relief Committee of North America as the following: 1. Is it lawful to take donations from non-muslims? 2. Is it lawful to give those who are in-charge of work 15% of income for their living and working? After discussion and exchange of views on the questions, the Council adopted the following resolution: 1. Regarding the first question, the Council decided that if the assistance is with money only and there is no possible harm for Muslims in a way that the assistance may be used for purposes which do not serve the interests of Muslims, and this assistance is free from all such risks and it is merely an assistance, then the Council does not see any objection in accepting it. In an authentic Hadith, Prophet Muhammad (peace be upon him) went out to Bani Nadheer, who were Jews seeking their assistance for the blood money of Ibn Al-Hadhrami. 283

22 2. Regarding the second question, the Council decided that there is no objection in taking certain percentage, however, the Council is of the view that the percentage should not be fixed, and it should be adequate payment and given to them in accordance with the level of their work, because this money is indeed for the relief of the destitute and afflicted people, so it must not be paid except for those who work for it. Those who work for it would be paid according to their work, as is the case for those working for Zakah, and after confirmation that nobody is available to work, offerring his time and energy for it. As it is mentioned earlier, it is necessary for those who are in-charge of Muslim organizations and institutions to measure the needs of their workers and it should not be left to the workers themselves. It should be fixed by the management boards of Muslim organizations and institutions, or by their general bodies in accordance with their rules and regulations. Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa 284

23 Muhammad Mahmood Al-Sawwaf Abul Hasan Ali Al-Nadwi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Note: The following members could not attend the session: Dr. Yusuf Abdullah Al-Qardhawi Muhammad Ibn Saleh Al-Othaimeen Abdul Quddoos Al-Hashimi Mahmood Sheith Khattab Hasanain Muhammad Makhloof Mabrook Mas ood Al-Awaadi 285

24 أبيض 286

25 The Seventh Resolution on Explanations Sought by the MWL International Islamic Relief Organization about Donations in Cash and Kind All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council of the Muslim World League during its 10 th session held between Safar 1408H (17-21 October 1987) looked into the four questions submitted by His Excellency Dr. Abdullah Omar Naseef, the MWL Secretary- General to His Eminence Sheikh Abdul Aziz Abdullah Ibn Baz, General President of Ifta, Da wah, Guidance and Research, which are summed up as following: First: Is it possible for the Muslim World League (MWL) to pay from the donations whose donors pay them for certain projects, on wages of those who work for collection of these donations and their delivery to the concerned people? Such payment would help in delivering these donations to their beneficiaries Answer: The Council decides that it is permissible for the MWL to pay from these donations, the necessary expenses to deliver these donations to their beneficiaries. These expenses include employees salaries, workers wages, transport expenses, journey tickets, etc., without which the donations cannot be delivered to their beneficiaries. If these expenses are from the Zakah money, then they would be considered among the collectors and workers of Zakah. If these expenses are paid from other donations, they 287

26 would be considered on similar grounds. However, regarding these expenses, it is necessary to take into consideration, the following two things: 1. These payments should be commesurate to the extent of work done by employee or worker, and to the extent of necessary expenses for works of these donations. 2. These payments and expenses from donations are temporary, and employee or worker does not continue to draw his salaries or wages after the end of his work. No ammount of money would be spent on any work that is not related to the donations. Second: Is it possible for the MWL to pay from the donations which have been allocated by their donors for certain expenses whether Zakah or other donations for some extraordinary situations faced by Muslims such as distasters at a time when their victims are more needful than the persons for whom these donations have been made? Answer: Essencially it is not permissible to spend the donation which has been allocated for certain expenses, in other expenses, as it amounts to a violation of the provision and purpose defined by the donor. It is also an injustice to those who are meant for this donation or charity. Hence, it is compulsory to spend the donation as the donor has specified in order to comply with his instruction and also to ensure the delivery of a right to the one who deserves it. It is similar to what Muslim scholars have said in the case of a Waqf (endowment) and in the case of a will which is made for certain expenses. 288

27 However, there are exceptions such as when there is an extremely serious need among Muslims, which cannot be met except through it, then, there is no objection in the Islamic Shari ah for such payment, as Almighty Allah has permitted in extraordinary circumstances to eat the meat of dead animal (not slaughtered in accordance with the Islamic Shari ah). He has also made it permissible in such a critical situation to benefit from another s money without his permission. However, this recourse should be taken only in the cases of extremely serious need, which is to be decided by the Muslim World League. Third: Donations are extended to the Muslim World League for looking after the Muslim orphans in the world, however, there is no donation for the execution of such programmes and the MWL has no allocation for spending in such programmes, so is it permissible for the MWL to employ some people from such donations to execute such programmes and follow up the delivery of these donations to the locations of orphanage care in the world? Answer: There is no objection in the Islamic Shari ah for the Muslim World League to spend from such donations on collection of these donations and their management for the care of Muslim orphans in the world, because this serves the great purpose of delivering this benefit to the people of weaker sections. Nevertheless, it must be observed that salaries or compensations are commensurate with the necessity of work, which the employee or worker is doing, and that the MWL does not have employees who can do such jobs, and also there is none available to voluteer for this job. In any case, it is necessary that expenses of delivering such donations are to the extent of works involved in such programmes. Any increase in the expences that is in the interest of donation programmes should be in the framework of 289

28 Almighty Allah s commandment: Come not nigh to the orphan s property except in a way that is best (Qur an, 17:34) As regards the permissibility of spending on their interests from the donations fixed for them, so it comes under the guideline ordained by Almighty Allah: If the guardian is welloff, let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable... (Qur an, 4:6) Fourth: Some donations in kind come to the Muslim World League, and these donations are not suiteable to be given to anybody, either because they are not useful or they are exposed to fast decay, so is it possible for the MWL to sell these things and replace them with some things which are useful? Answer: The Council does not find any objection in selling these things, which may include foods, drinks and other goods, as they are exposed to fast decay or they are not suiteable for those to whom these donations were made, and in replacing them with some other things so long as they are useful for them, as scholars of the Islamic Fiqh have given the person who picked up a leftover item whose decay is feared, or a leftover animal which needs expences, a choice of handling the leftover for the best interest of its owner either by spending it for himself and calculating its value for its owner, or by selling it, or by keeping it as it is. Here the choice is not based on the desire of the person who picked it up, but on the best interest of its owner. Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz 290

29 Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Muhammad Mahmood Al-Sawwaf Abul Hasan Ali Al-Nadwi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Note: The following members could not attend the session: Dr. Yusuf Abdullah Al-Qardhawi Muhammad Ibn Saleh Al-Othaimeen Abdul Quddoos Al-Hashimi Mahmood Sheith Khattab Hasanain Muhammad Makhloof Mabrook Mas ood Al-Awaadi 291

30 أبيض 292

31 The Eighth Resolution on Recording of Qur an on Audio Cassette All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council of the Muslim World League during its 10 th session held between Safar 1408H (17-21 October 1987) looked into the letter of Sheikh Mahmood Mukhtar regarding the Qur an s recording on the audio cassette, and issued the following resolution: What is recorded on the audio cassette is the same Qur an and it is recited by the same Qari. Such recording is permissible and there is nothing contrary in it to the Islamic Shari ah. On the other hand, its benefits are numerous. These include listening to the Qur an, pondering over it, educating the people how to recite the Qur an and how to memorize it. Those who listen to the Qur an from the cassette would get the reward as they get it when they listen to the Qur an from the Qari. In fact, recording of the Qur an on the cassette is a good opportunity given by Almighty Allah to disseminate the Qur an among Muslims so that they can know the teachings and rulings of Islam, and also among non-muslims so that they may have guidance from it. Recording of songs on cassette does not obstruct recording of the Qur an on it, as writing of songs on paper does not obstruct writing of the Qur an on it. 293

32 Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Muhammad Mahmood Al-Sawwaf Abul Hasan Ali Al-Nadwi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Note: The following members could not attend the session: Dr. Yusuf Abdullah Al-Qardhawi Muhammad Ibn Saleh Al-Othaimeen Abdul Quddoos Al-Hashimi Mahmood Sheith Khattab Hasanain Muhammad Makhloof Mabrook Mas ood Al-Awaadi 294

33 The Ninth Resolution on Difference between Various Schools of Fiqh and Fanatic Approach by Some of Their Followers All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council of the Muslim World League during its 10 th session held between Safar 1408H (17-21 October 1987) looked into the difference between the existing schools of Islamic Fiqh whereas some followers of these schools of Fiqh due to their fanatic views for their school deviate from the path of moderation to the extent that they condemn other schools of Fiqh and their scholars. The Council reviewed the problems that come up in the minds of the present generation about the difference between the various schools of Fiqh whose basis and meaning they do not know. Some misguiding people tell them that since the Islamic Shari ah is one, and its sources of the Qur an and Sunnah are the same, then why this difference between these Fiqh schools and why are these Fiqh schools not unified? Hence, Muslims would follow one school of Fiqh and a unified way of the Islamic Shari ah. The Council also reviewed the problem of fanaticism for a particular school of Fiqh as well as the complications that emerge out of this problem particularly among the followers of the modern trends today as they call for a new approach of Ijtehad and criticize the existing schools of Fiqh, which the Muslim Ummah has been accepting since the very beginning of Islamic history. They also criticize the eminent scholars of these Fiqh 295

34 schools and create Fitnah (disunity) among the people. The Council after a thorough deliberation on this problem and its various aspects and consequences, decided to issue the following statement to the misguided groups in order to enlighten them: First: The difference among the various schools of Fiqh that exists in the Muslim countries is of two types: a) The difference on matters of faith b) The difference on matters of Fiqh The first kind of difference, which is related to matters of faith, is in fact a disaster and has brought many problems to the Muslim countries and created disunity among Muslims. This is very unfortunate and sorrowful for the Muslim Ummah. It must not exist. The Muslim Ummah must be united on the way of Ahl Al-Sunnah Wal Jama ah, which represents the clear and safe Islamic thinking since the era of Prophet Muhammad (peace be upon him) and the Guided Caliphs, of which, the prophet said: It is your duty to follow my Sunnah (way), and after me the way of the Guided Caliphs. You have to adhere to it strictly." The second kind of difference, which is related to matters of Fiqh, has certain academic reasons, which necessitated this difference. It has also a divine wisdom that the vast scope of inference from the Qur an and Sunnah has provided the Muslim Ummah with a rich heritage of Islamic Fiqh. It is one of Allah s favours that the Muslim Ummah has wide range of flexibility in the matters of its religion and law. Hence, the Muslim Ummah is not forced to follow a certain legal application only, and when it finds difficulty anytime in following a particular view of Fiqh, it has the scope and facility to follow the view of the other school of Fiqh. This scope covers matters of worship, dealings and family affairs as well as judicial and criminal matters. Certainly each and every matter is seen in the light of Shari ah evidence. 296

35 This second kind of difference on matters of Islamic jurisprudence is neither a shortcoming nor a contradiction in our religion. It is impossible to have no difference on matters of jurisprudence. There is no community or nation, which has a legal system open to further legislation or legal improvement and does not have such difference of views on matters of jurisprudence. In fact, this difference is inevitable, because the original texts have often more than one meaning, and also the text cannot cover all the possible happenings, because texts are limited and the happenings are unlimited. As one group of Fiqh scholars said that it is inevitable to infer from the textual sources, find out the causes of the rulings and ascertain the objectives of the Islamic Shari ah. Hence difference emerges among scholars perceptions and priorities and subsequently their views on one issue differ though every one of them tries his utmost to explore and achieve the truth. If he gets the truth, he has two rewards and if he is unable to get the truth, he has one reward because he has tried his best. So it is clear that this difference on matters of Fiqh is no more a shortcoming, instead, it is a mercy and favour of Almighty Allah to His servants. It is also a great legal heritage for the Muslim Ummah. However, some misguiding aliens, who exploit the weak Islamic knowledge of some Muslim youth, especially those who study the Islamic Studies abroad and are told by those aliens as if the difference on the matters of Fiqh is a difference on matters of faith and as if it is a contradiction in the Islamic Shari ah. In fact, they could not appreciate the difference between these two kinds. Second: The group, which calls for abandonment of these schools of Islamic Fiqh, criticizing these Fiqh schools and their scholars and wants to adopt a new approach of Ijtehad, must stop their vicious 297

36 method, which creates hatred and misguidance among Muslims at a time when they need to avoid it the most to face the challenges posed by the enemies of Islam. Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Muhammad Mahmood Al-Sawwaf Abul Hasan Ali Al-Nadwi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Note: The following members could not attend the session: Dr. Yusuf Abdullah Al-Qardhawi Muhammad Ibn Saleh Al-Othaimeen Abdul Quddoos Al-Hashimi Mahmood Sheith Khattab Hasanain Muhammad Makhloof Mabrook Mas ood Al-Awaadi 298

37 The Tenth Resolution: An Appeal to Governments and Peoples of the Muslim World All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council of the Muslim World League during its 10 th session held between Safar 1408H (17-21 October 1987) greeted the auspicious Jihad of Muslim Afghans and their heroic and brave steadfastness in the face of the Russian aggressors and the Afghan apostates who are living under the influence of communism and its misguided notions. The Council also greeted the united stand of Mujahideen in their auspicious Jihad, and their insistence on establishment of Islamic rule in the Muslim Afghanistan. At the same time, the Council prays to Almighty Allah for supporting them and blessing them with victory. On this occasion, the Council unanimously decided to make an appeal to the governments and peoples of the Muslim world for the necessity of supporting the Afghan Jihad with all the material, moral, political and economic means. It also decided that the Afghan Jihad is an Islamic Jihad, which is obligatory for Muslims to support it with all means. The Council also decided that it is permissible to pay some of the Zakah money for this Islamic Jihad and for those who are waging this great Jihad. The significant aspect of this urgent appeal by the Council is that Muslims go ahead with all means to support this Jihad and battle which is the battle of Islam in this 299

38 age. Almighty Allah says: Go you forth (whether equipped) lightly or heavily and strive with your goods and your persons in the cause of Allah. That is best for you, if you knew. (Qur an, 9:41) Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Muhammad Mahmood Al-Sawwaf Abul Hasan Ali Al-Nadwi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Note: The following members could not attend the session: Dr. Yusuf Abdullah Al-Qardhawi Muhammad Ibn Saleh Al-Othaimeen Abdul Quddoos Al-Hashimi Mahmood Sheith Khattab Hasanain Muhammad Makhloof Mabrook Mas ood Al-Awaadi 300

39 The Eleventh Resolution on Question Asked by Abu Bakr Muhyuddin about payment of Waqf Revenue All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council of the Muslim World League during its 10 th session held between Safar 1408H (17-21 October 1987) looked into the question asked by honourable/abu Bakr Muhyuddin, Chairman of the Islamic Call Society in Singapore about payment of the Waqf revenue on public interest. After discussion and exchange of views on the issue, the Council decided the following: If the Waqf revenue is not stipulated for any specific thing, then, there is no objection to spend it on general interest. If it is stipulated for certain thing, the Council decides that it is not permissible to spend it on the general interest. Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan 301

40 Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Muhammad Mahmood Al-Sawwaf Abul Hasan Ali Al-Nadwi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Note: The following members could not attend the session: Dr. Yusuf Abdullah Al-Qardhawi Muhammad Ibn Saleh Al-Othaimeen Abdul Quddoos Al-Hashimi Mahmood Sheith Khattab Hasanain Muhammad Makhloof Mabrook Mas ood Al-Awaadi 302

41 The Twelfth Resolution: An Appeal to Governments and Peoples of the Muslim World about Palestine All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council of the Muslim World League during its 10 th session held between Safar 1408H (17-21 October 1987) greeted the continuing struggle of the Palestinian people and their brave and heroic resistance to the aggressor who have occupied and usurped their lands. At the same time, the Council greeted the Palestinian Mujahideen and prayed to Almighty Allah for supporting them and blessing them with victory. On this occasion, the Council unanimously decided to make an appeal to the governments and peoples of the Muslim world for the need of supporting the Palestinian Jihad with all the material, moral, political and economic means. The Council also announced its resolution that it is permissible to pay some of the Zakah money for this Islamic Jihad. The significance of this appeal by the Council is that Muslims come out with all means to support this Jihad and battle which is the battle of Islam in this age. Almighty Allah says: Go you forth (whether equipped) lightly or heavily and strive with your goods and your persons in the cause of Allah. That is best for you, if you knew. (Qur an, 9:41) The Council urged the Palestinian people to hold fast their unity and continue their auspicious Islamic Jihad to make the 303

42 word of Allah high and restore the Aqsa Mosque. It also urged them to seek shelter with Almighty Allah. Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Muhammad Mahmood Al-Sawwaf Abul Hasan Ali Al-Nadwi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Note: The following members could not attend the session: Dr. Yusuf Abdullah Al-Qardhawi Muhammad Ibn Saleh Al-Othaimeen Abdul Quddoos Al-Hashimi Mahmood Sheith Khattab Hasanain Muhammad Makhloof Mabrook Mas ood Al-Awaadi 304

43 Resolutions of the Islamic Fiqh Council during Its 11 th Session Held between Rajab 1409H (19-26 February 1989) 305

44 أبيض 306

45 The First Resolution about Zakah on Rentals of Real Estate All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council during its 11 th Session held in Makkah Mukarramah between Rajab 1409H (19-26 February 1989) looked into the issue of Zakah on income of the real estate. After the discussion and exchange of views, the Council with majority decided the following: First: The real estate prepared for residence is an acquisition property hence Zakah is not applicable in it at all. Second: The real estate prepared for commercial purpose is a commercial commodity, hence, Zakah is applicable on it and its value will be calculated on passage of one whole year. Third: The real estate prepared for lease is liable for Zakah on its rental only, and not on its own value. Fourth: Since the rental is to be paid by the leaseholder to the owner from the date of the lease agreement, Zakah on the lease money 307

46 will be applicable after one year of the lease agreement and after possession of the lease money by the owner. Fifth: The amount of Zakah on the value of real estate, in case, it is for commercial purposes, and on the rental of real estate in case, it is for lease, is a fortieth (40 th ) part of the amount as it is for gold and silver. Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Dr. Yusuf Abdullah Al-Qardhawi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Muhammad Mahmood Al-Sawwaf 308

47 Note: The following members could not attend the session: Saleh Ibn Abdul Aziz Al-Othaimeen Mabrook Mas ood Al-Awaadi Abul Hasan Ali Al-Nadwi Hasanain Muhammad Makhloof Mahmood Sheith Khattab 309

48 أبيض 310

49 The Second Resolution: A Statement from MWL Secretariat-General On the Novel Written by Salman Rushdy and Its Contents Which Include Offences against the Islamic Principles and Personalities All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad after whom there is no prophet, and on all those who followed his way of guidance. The Secretariat-General of Muslim World League (MWL) is hurt as all Muslims of the world were hurt by the contents of the book written by Salman Rushdy, which include the distortion of Islamic faith and mischievous offences against the Islamic personalities, announces the resolution adopted by the MWL Islamic Fiqh Council during its 11 th Session held in Makkah Mukarramah held between Rajab 1409H (19-26 February 1989) on the above-mentioned book. The IFC resolution stated the following: The novel written by Salman Rushdy, a British national of Indian origin belonging to a Muslim family and published in English by Penguin, UK and Viking, US with the title: Satanic Verses whose excerpts were published by the Muslim and non- Muslim print media in the world. The novel s publication was followed by wave of condemnations and denunciations in Muslim and other circles due to its offences and slanders against Islam and its sanctities. The Council looked into some of this book s chapters and found in it, the worst and dirtiest kind of falsifications, which this writer has levelled against Prophet Muhammad (peace be upon 311

50 him) and his wives, the Mothers of Believers. Even, he attacked Prophet Ibrahim (peace be upon him) in such words which do not match the infallible status of prophets. He describes the Prophet s wives with such vicious slanders which were out of the historical, academic or literary context and were in the wake of offence on the ideological sanctities of Islam in a way that makes it a crime. Such an offence must be met with punishment by laws of all the civilized countries governed by a system and constitution which safeguard the rights and honours, because the contents of the book go beyond the freedom of opinion and come in the wake of offence and slander that undermine honour and respect. The Islamic Fiqh Council discussed this serious issue and the measures that must be taken regarding this sinister aggression on the sanctity of Islam and reached the following resolution: 1. The Council is of the view that the above-mentioned false contents of the book Satanic Verses do not deserve to be replied with the academic responses, because they are merely villifications and obscence descriptions, not the academic or historical views that require the academic response. 2. The Council decides to condemn this offence perpetrated by this criminal. The Council announces that this man, due to his action is to be considered an apostate from Islam and he deserves that sanctions of the Islamic Shari ah must be imposed against him. 3. The Council also announces that this man must be pursued with the judicial trial against him as well as against the publishing house for the publication of this novel in the concerned courts in Britain, that the Organization of Islamic Conference (OIC) which represents the Muslim countries, should initiate this trial against him and employ the most 312

51 powerful and professional lawyer of the criminal cases in the British courts. 4. The Council also announces that a judicial trial against this mean writer must be initiated in a Muslim country by its public prosecution even in absentia and the ruling of the Islamic Shari ah must be pronounced against him even if such a ruling cannot be implemented immediately it must be publicized in the media in order to show the outrage of Muslims in the world on this kind of sinister aggression. 5. The Council decides that the apology which this writer has extended to the British authorities and which was published in newspapers that quoted him as saying: He regrets because he caused injury to the feelings of Muslims, is indeed a useless apology as it is not going in any way to change his vicious vilifications. Such apology must include his admission that what he has mentioned in his book was merely false and baseless and that it is published in the information media as his vilifications were published. 6. The Council calls on governments, peoples and individuals in the Muslim countries to boycott the publishing houses which have published the book Satanic Verses or helped in its publication, or paid compensation to its author, or presented an award for him, as well as to boycott all the books published by these publishing houses, and not to deal with them in any way. The Secretariat-General of the Muslim World League, while publishing the resolution of the Islamic Fiqh Council and its warning to the Muslim world against the danger of this book and the necessity of boycotting the publisher for financing and publishing this book, appeals to every Muslim in the world especially in UK and USA where the book was published to disclose the falsifications of such books and urge the Muslim 313

52 brothers and persons who love truth and justice to boycott the publishing houses which have published the book as well as other agencies which have extended support and cooperation in its distribution and marketing. Chairman, Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman, Islamic Fiqh Council Dr. Abdullah Omar Naseef Members: Muhammad Ibn Jubair Dr. Bakr Abdullah Abu Zaid Abdullah Abdurrahman Al-Bassam Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Mustafa Ahmad Al-Zarqa Dr. Yusuf Abdullah Al-Qardhawi Muhammad Rasheed Raghib Qabbani Muhammad Shadhli Al-Neifer Abu Bakr Joomi Dr. Ahmad Fahmi Abu Sinnah Muhammad Habeeb Ibn Al-Khojah Muhammad Salem Abdul Wadood Muhammad Mahmood Al-Sawwaf Note: The following members could not attend the session: Saleh Ibn Abdul Aziz Al-Othaimeen Mabrook Mas ood Al-Awaadi Abul Hasan Ali Al-Nadwi Hasanain Muhammad Makhloof Mahmood Sheith Khattab 314