resolutions and recommendations of the council of the islamic fiqh academy 1985 2000

269 Pages·2005·0.81 MB·English

RESOLUTIONS AND RECOMMENDATIONS
OF THE COUNCIL
OF THE ISLAMIC FIQH ACADEMY
-
1985 2000

Islamic Development Bank
Islamic Research and Training Institute Islamic Fiqh Academy
JEDDAH
JEDDAH
RESOLUTIONS AND RECOMMENDATIONS
Of THE COUNCIL
OF THE ISLAMIC FIQH ACADEMY
-
1985 2000

Islamic Development Bank Islamic Figh Academy
Islamic Research and Training Institute
JEDDAH
JEDDAH
© Islamic Development Bank, 2000
King Fahd National Library Cataloging-in-Publication Data

Islamic Fiqh Academy ( Jeddah )
Resolutions and recommendations of the Council of Islamic
Fiqh Academy : 1985-2000- Jeddah.
270 P, 17 X24 cm
ISBN 9960-32-090-1
I- Islamic Fiqh I- Title
250 dc 0875/21/21
Legal Deposit No. 0875/211
ISBN: 9960-32-090-1
First Edition
1421H (2000)

ISLAMIC RESEARCH AND TRAINING INSTITUTE
ISLAMIC DEVELOPMENT BANK
Jeddah – Kingdom of Saudi Arabia
Tel : [phone]- Fax :[phone]
Telex : 601 137 / 601945
E.Mail Address: Archives @ ISDB.ORG
Home Page : HTTP : // WWW.IRTI.ORG
"But no, by thy Lord, They can have No ( real) Faith, Until they
make thee judge In all disputes between them, And find in their
souls No resistance against Thy decisions, but accept Them with
the fullest conviction. "
INTRODUCTION
Bismillahi Ar-rahmanir-Rahim!
These are the resolutions and recommendations issued by the
Council of the Islamic Fiqh Academy, from its 2nd session to its 12th
session, held in the Kingdom of Saudi Arabia, the Hashemite Kingdom of
Jordan, the State of Kuwait, the Sultanate of Brunei Darussalam, the
United Arab Emirates and the State of Bahrain.

They are the conclusions of research papers and studies conducted
on many contemporary issues. They are also answers of the Academy's
Council to inquiries from Muslim countries, various organizations and
institutions and Muslim communities about rituals, personal statutes,
transactions and new developments in the fields of economics and
medicine.

The publication of these resolutions and recommendations will
make available to all Muslims the fruit of serious collective efforts made
by an elite of the Ummah's scholars.

In collaboration with these scholars and experts in the fields of
economics, astronomy and medicine, the Islamic Fiqh Academy considers
and discusses various issues, making sure that its Fatawas (legal decisions)
are based on Shari'a principles, i.e. the Holy Qur'an , the Sunnah and other
sources such as the principle of consensus (Ijma) and analogy (Qiyas),
with a view to finding appropriate solutions that would guide believers in
their activities.

May Allah bless this endeavour and make it beneficial to whoever
needs it. May He guide and help us to be of service to our religion,
enhance our Muslim Ummah and help us to meet the challenges of our
times as well as the present and future problems of life.

May Allah's prayers be upon His Messenger, Muhammad, his
kindred and Companions.

Mohamed Habib Ibn Al-Khodja
Secretary General of the Islamic
Fiqh Academy
TABLE OF CONTENT
SECOND SESSION
JEDDAH (Saudi Arabia)
10-16 Rabiul Thani 1406 H (22-28 December 1985)

RESOLUTIONS TITLE PAGE
1 (1/2) Zakat on Debts 3
Zakat on real-estates and rented non agricultural 4
2 (2/2)
lands
The Religious inquiries submitted by the 5
3 (3/2) International Institute of Islamic Thought of
Washington, DC
4 (4/2) Qadianiyya 6
5 (5/2) Test-tube babies 8
6 (6/2) Milk Banks 9
7 (7/2) Resuscitation Equipments 11
12
8 (8/2) Queries submitted by the Islamic Development
Bank
9 (9/2) Insurance and Re-Insurance 13
15
10 (10/2) Transactions with banks dealing with Riba
(Interests) and Transactions with Islamic Banks
11 (11/2) Unification of the beginning of Lunar months 17
12 (12/2) The Letter of Guarantee 18

I
THIRD SESSION
AMMAN (Hashemite Kingdom of Jordan)
8-13 Safar 1407 H (11 — 16 October 1986)

RESOLUTIONS TITLE PAGE
23
13 (1/3) Queries submitted by the Islamic Development
Bank
14 (2/3) Zakat on Company shares 26
15 (3/3) Investment of Zakat funds in profit-generating 27
projects without attributing individual property
deeds to the beneficiaries
16 (4/3) Test-Tube Babies 28
17 (5/3) Resuscitation Equipments 30
18 (6/3) Unification of the beginning of Lunar Months 31
32
19 (7/3) Ihram for those arriving by air and by sea to
perform Haj or Umrah
20 (8/3) Payment of Zakat to the Islamic Solidarity Fund 33

21 (9/3) Shari'a Rules governing paper money and
currency rates fluctuation 34
35
22 (10/3) "Muqaradha Bonds and Development and
Investments Certificates.
23 (11/3) Questions submitted by the International Institute of 36
Islamic Thought of Washington, DC (USA)
24 (12/3) The Scientific Projects of the Academy 45
46
25 (13/3) The Recommendations of the 3rd session of the
Council

II
FOURTH SESSION
JEDDAH (Saudi Arabia)
18-23 Jumada Thani 1408 H (6 — 11 February 1988)

RESOLUTIONS TITLE PAGE
51
26 (1/4) Organ Transplant from the body of a living or
dead human being onto the body of another
human being
27 (2/4) Payment of Zakat in favour of the Islamic 55
Solidarity Fund
28 (3/4) Zakat on Company shares 57
Eminent-domain (Expropriation of private 59
29 (4/4)
property for public use)
30 (5/4) Muqaradha Bonds and Investment Certificates 61
31 (6/4) Key Money 67
32 (7/4) Sale of Trade Name and Commercial License 69
Hire-Purchase, Murabaha for the purchase 71
33 (8/4)
Order and fluctuation of Currency rates
34 (9/4) The Baha'i Sect 72
35 (10/4) Simplification of Islamic Law 74
36 (11/4) The Encyclopedia of Economic Fiqh Project 75
37 (12/4) The Glossary of Fiqh Rules Project 76
38 (13/4) The Recommendations of the fourth session of the 77
Council

III
FIFTH SESSION
KUWAIT (State of Kuwait)
1-6 Jumada Al-Ula 1409 H (10-15 December 1988)
RESOLUTIONS TITLE PAGE
39 (1/5) Birth Control 85
40-41(2/5 & 3/5) Discharging of Promise and Murabaha for the 86
Order of Purchase
42 (4/5) Currency Rates Fluctuation 87
43 (5/5) Incorporeal Rights 89
44 (6/5) Hire-Purchase Contracts 90
45 (7/5) Real-estate Financing for building and 92
purchase of housing
46 (8/5) Limitation of the profit margin of Traders 93
47 (9/5) Customs 95
48 (10/5) Enforcement of Shari'a Rules 96
49 (11/5) The International Islamic Law Commission 98
IV
SIXTH SESSION
JEDDAH (Saudi Arabia)
17 – 23 Sha'ban 1410H (14 – 20 March 1990)
RESOLUTIONS TITLE PAGE
50 (1/6) Real-estate Financing 101
103
51 (2/6) Sales on Installments
52 (3/6) The execution of contracts through modern means of 105
communication.
53 (4/6) Possession: its different forms, especially its 107
modern forms and their rules 107
54 (5/6) Transplantation of Brain and nervous system Cells 109

55 (6/6) Surplus of fertilized ovules 111

56 (7/6) Use of fetus as a source of transplant 112

57 (8/6) Transplant of genital organs 114
58 (9/6) Restoration of an organ amputated in "Qisas"
(Retaliation) or "Hadd" (prescribed punishment) 115

59 (10/6) Financial Markets 117

60 (11/6) Bonds 119
61 (12/6) Research Topics and seminars proposed by the
Planning Committee 121
62 (13/6) Recommendations of the 6th session 123
V