Fifty-eighth regular session

European Council for Issuing Fatwas and Research held city of Paris, the Republic of France


From: 27 Jumada II - 2 e Rajab 1429
Approved for July 1-5 (July) 2008 m
 

Praise be to Allah, Lord of the Worlds, and prayers and peace be upon the prophet Mohammed, his family and is guided by a gift to the Day of Judgement.


As yet. God has held facilitation and reconcile the eighteenth regular session of the European Council for Issuing Fatwas and research in the city of Paris Republic of France, from the twenty-seventh month of Jumada II until the second month of Rajab 1429 H, corresponding to the first until the fifth month of July (July) 2008, under the chairmanship Samaha mark Sheikh Abdullah bin Biya on behalf of the Chairman of the Board and the presence of a majority of its members and a number of guests and observers, and then right to hearings in the past two days, allowing the label, Dr. Youssef al-President of the Board.

It was the opening of the Council's work at the headquarters of the European Institute for Human Sciences in Paris, attended by Council members in addition to the large number of guest lecturers from the Institute and its students, dignitaries and some officials of the Islamic Action in France, with others from French Muslims, as well as some guests from non-Muslims, It provided the words for a number of hosts and guests and some members of the Council, announced in the latest sign Eminence Sheikh Abdullah bin Biya opening of this session.

It then followed the Council's work for this session, which began a scientific symposium on the subject (of financial transactions in Europe), in which fourteen research, discussions and presentations included a feedback-depth research has got the feature Altaesel the subject of money and financial transactions, in addition to the side of the diagnosis of the reality This issue, in fact, Union, also addressed some research of the issues detailed party, and that was in the first two days as the Council's agenda, and that research came on three axes:


First: the inherent entrance.

The research is the following:

1 - money for the purposes of Shariah. Dr. Yusuf Qaradawi.

2 - transactions and purposes. Sheikh Abdullah Bin-Paix.

3 - the purposes of money and dimensions of ideological and moral principles. Dr. Essam al-Bashir.

4 - moral principles in financial dealings in Europe. Sheikh Mullah Mustafa oglu.

5 - Human Rights in Islam and its impact on the behaviour of the Muslim economy. Sheikh Rashid Ghannouchi.

6 - financial transactions of Muslims in Europe. Dr. Hassan Suhayb.


The conclusion of the inter advanced research:

-- Finance nodal dimensions, so that the rights of the secretariat, however, the wisdom of Infestation, as real property for God, as well as the respect of sponsorship and cleansing solution, and inviolability with reward and punishment.

-- Finance why the people's interests, an investigator for the purpose of Sharia in bringing benefits and warding off evil; as keepers of the five faculties, which called for preservation of sharia, and therefore the overall goals of Islamic economy are: preservation work on reform, development and loss of the project, and achieving enough of society ; To this campus Islam corruption and waste.

-- The door money comes from the term doctrine (transactions) and that it had a broad meaning, but the word was not as pure acts of worship holders, and more use doctrine has been delayed to deal with the financial aspect and lease sales.

-- Decided Sharia in the affairs of financial transactions, inter task of rules, including: the origin of financial transactions in the authorization. The origin in sales only solution is the sanctity of the street. The original contract and conditions of honor, commitment. Originally, each transaction in which injustice to a party taboo.

-- It is the purpose of the street should not be money-rich state, imposition of the poor share in the zakat funds, may exceed more than if found necessary. And make it a path to achieve interdependence between members of society.

-- One of the purposes of Shariah regarding the consumption of money, inter alia: the legalization of good things and made available to people, and denial of the campus. The moderation in consumer spending and rationalize why the campus is wasteful and profligate, and Skimping Parsimony campus. The purposes of these outlaw emphasis on luxury and luxurious.

-- The capital of the principles of cooperation based on moral righteousness and piety to reform life, architecture and building community and developed into what is the fittest, and prevent against it, such as injustice, fraud and deceit, lured by money and eating people unjustly, and all photographs of damage; therefore urged Ttmirh through lawful and barred all Photos Sales and transactions that lead to corruption, and deprived of monopoly and exploitation of individuals from other people need such usury, which the sanctity of God's world of freedom and strong and then eat the war, and several of Mobqat, and prevented those ethical principles leading to the collection of benefit to a specific person at the expense of others such gambling .

-- Singled out by the second search of a son Biya to clarify the need for a compromise position in dealing with the purposes and not to overlook the relevance rules in jurisprudence, to ensure discipline process of inference. The division between the objectives of the holistic, necessarily, Alhaji and improvement, and a partial special purposes such as door on certain sections of the doctrine, sales and weddings. With a focus on how the citation purposes, and devotes a special chapter to regulate the process of polarization between girls taboo and analysis from a conflict between the texts and partial purposes and rules.


The second axis: the financial reality in Europe.

The three cited research, pure research, and research in describing reality:

1 - usury and corrupt financial contracts in other Islamic territories. Sheikh Abdullah ibn Yusuf Alagdia.

2 - towards the strategic direction of Islamic finance in Europe (issues and problems of trade finance). Professor Mohamed Nouri.

3 - the experience of Islamic banks in Europe. Professor Shaher Abbas.

I discussed the issue of research using some Muslim states in view of Imam Abu Hanifa legalization of usury and corrupt financial dealings contracts outside the country of Islam, and it is invoked to revoke the absolute law of Islam, between the weakness of all this evidence and opinion on the validity of her retirement, use of contemporary reality .

The second research presented to the need for Muslims in Europe to strengthen their growing presence of significant economic, financial, transportation from marginal to engage in the existing economic system, positively and effectively. He explained that there will be only through the development of a strategic vision twins among the constants and variables, and may be required, and the jurisprudence of licensing and the necessities of incorporation.

The third research scientist in which he reviewed the beginnings of Islamic banking operations in Britain, and legal changes regarding the funding of Islamic positive, then the most important services provided by British Islamic bank, and oppose the work of Islamic banks arising from the low demand of Muslims to deal with it.


Third axis: the routing of legitimate finance in the European reality.

And where five of research:

1 - lease on the benefits of people (compared to a doctrinal study in Islamic jurisprudence and the Labour Code). Of Dr. Mohiuddin Karakoyunlu Dagi.

2 - funding benefits to Europe. Dr. Abdul Sattar Abu gland.

The statute is intended to examine the statement type of financing the project, which is funding the benefits through a lease, and that includes a lease and lease services things, whether through a lease contract on edema, or lease designated, with applications based on service trade and especially described Leasing In disclosure; novelty of the Islamic financial institutions in their application.

A search that the financing of benefits has been done through a financial institution for the benefit or service and therefore pay charter from the top of the case and then lease them to pay deferred beneficiary. Following a series of provisions of the lease, caused by controls legitimacy that such treatment is correct, in the various divisions of different types of tenancy, and seal the second research applications by making models of financial institutions to lease described in the disclosure, in the service of pilgrimage trips and service and education service Telemedicine.

3 - Murabaha sale and installment and its role in banking transactions in Islamic jurisprudence. Dr. Taha al-Kabash disclosure.

The research briefly in the following:

(1) the definition of Murabaha, namely: Sale capital and profit is known. This sale is permissible when scholars.

(2) to postpone the sale price and installment permissible when scholars, but provided that the period known.

(3) promise to sell Murabaha to buy is binding and must be met by religion and the judiciary.

(4) if the price was postponed in the sale or installment Murabaha increased in price for the postponement; because for a share of the cost, and if the death of debtor-term fall of the increase as far as what was left of the term duration, or keep the term on time without losing if the heirs Prior to that creditor discharged.

(5) of funding in the photo bank loans and installment sales Murabaha that support the vulnerable segments Pettmenm the means of production.

4 - a deal or work in insurance companies outside the homes of Islam. Of Dr. Mohiuddin Karakoyunlu Dagi.

Her research dealt with the insurance companies and trade cooperative in Europe, and its terms of a partial exception to the origin of this subject.

5 - student loans in Europe (doctrinal study). Sheikh Salim Sheikh.

This research dealt with briefly in the following matters:

1 - a field study on the financial realities and educational advancement of Muslim students in Britain a model for Muslim students and reality in Europe.

2 - legal study to hold student loans and laws governing it.

3 - Scientists studying the words, their evidence to link the issue of debt cost of living index.

4 - the legitimate government of student loans in Europe.



In the third working day reviewed two other issues:

First: the issue of proof of entry month, and submitted it in search:

1 - the reason that Ramadan fasting. Sheikh Faisal Mawlawi.

2 - provisions of fasting and prayer analytical vision of the reality of his house west. Of Dr. Mohiuddin Karakoyunlu Dagi.

Summarizes the research in the subject of an audit of the reason is considered the starting entry of the month, you must see it from Crescent? Or simply astronomical calculations, and the adoption of the birth of the moon? Or is considering vision with the consent of the account based on what the progress of Council resolutions in this regard (resolution 1 / 3 and the decision 4 / 17)?

And the effects of important subject of extensive discussions between Council members.


The second issue: writing the Holy Quran without Arabic characters.

Reviewing the research complements previous research with seventeen research presented at this session, research entitled:

-- Persuading the nation prohibiting romanized writing the book the Koran and Sunna Words and imams. Sheikh Saleh lute.

The search for cash has become common among Muslims in the West's commitment to desist from writing the text of the Koran in Arabic to replace it with the so-called (Vavuniya), a word of writing letters to the Arab-Latin, and some parts of the printing of the Koran Part (Blessed) and (with), And other printing Quran in full, and the search is where the flaw, and caused such an act of distortion of the performance of the Holy Quran, and therefore shall be construed to corruption. He concluded that the provision prohibiting an act, based on sentence to fill out a pretext, and reinforced by doctrines and opinions of scientists old and newly. It also warned of what is so late in refrained Muslim generations in the West about learning the language of the Koran.

 

Then follow the work of this session, to address some of what came from the referendums.

Based on what has been reviewed and discussed at this session, the Council issued the following:

 

 

 

First: Resolutions

Resolution 1 / 18

Provisions of financial transactions in non-Islamic country

Council decided that the origin of financial transactions in non-Muslim country can build on a commitment to the provisions of Islamic Sharia in terms of passport, health, and that view may be corrupt contracts in Dar-Islam can not be built originally years of financial transactions of Muslims in the West, and therefore do not May be invoked to justify this view of financial transactions and contracts that proved inviolable and what was not invited to that need, considering.

 

Resolution 2 / 18

Work in insurance companies

After discussing the research submitted to the Council, on the topic of work in insurance companies in Europe, based on the decisions of jurisprudence academies, and resolution (No. 7 / 6) issued by the Council, to decide on action in these companies in the country-Islamic:

First: Work in cooperative insurance companies is permissible, as long as work under the administrative work or service for that.

II: The Original work in the commercial insurance companies not religiously permissible, but it excludes four cases:

First case: a state of necessity and urgent need to break his home by necessity, so that he does not find another Muslim pursuant to appropriate only in this type of company or government is aware of where to find work in another appropriate others.

Second case: that the person specializing in insurance, can not find work in its field only in those companies.

Third case: working in administrative matters and in-service marketing and contracts.

Required to legalize these three cases:

1 - have made every effort to obtain the draft did not find work.

2 - where the currency is intended to gain experience.

3 - Not that the intention of leaving work at getting a swing project.

Fourth case: to come to work where it is able himself or with others to turn them into a legitimate company cooperative.

 

Resolution 3 / 18

On the provisions of the lease

Council discussed the subject of a tenancy of the benefits received, whether the benefits of objects or persons (the services and work) through research submitted to the Council, and decided as follows:

First: The lease contract contained objects to the benefits (housing, shops, equipment, transport means) can benefit from it through:

A - operating lease.

B - lease financing, through a lease contract with the promise of Amanah (lease ended Amanah).

C - Islamic instruments for leases, which are more flexible types of instruments and tuning.

Second: The lease contract contained the work and services (lease persons) can benefit from it through:

A - the financing of educational services, as agreed between the financial institution funded for these services, and educational institutions (university, the Institute, Centre), to identify educational services through accurate descriptions and the price and time, and related.

Then the financial institution to provide this service through Murabaha in benefits.

May begin service agreement between the student and financial institution funded, to be agreed between them and the institution of education.

B - the financing of health services in one of the two previous years.

Third: Leasing may be contained in previous cases the eye, or described in the disclosure, and the particular service or described in the disclosure, as long as descriptions lead to the seizure and non-conflict and discord.

Fourth: Leasing may enter into contracts for several people to benefit certain of one thing, and a specific term, without specifying a particular time of a particular person, but update them every advantage in time that will be allocated to him when according to custom, usage (Time Sharing), and this situation back in jurisprudence Islamic time to adapt to meet the benefit of eye leased.

Fifth: may be subleasing if not prevented tenants of that contract or the law prevailing in the country.

Sixth: Every person to the health of the lease contract as follows:

1 - to be determined eligibility for performance.

2 - should read the contract (to say and write) which meets the requirements of compatibility and communication.

3 - to be taxis specific piece of information does not remain with her foolishness leading to the dispute, may be linked to an index known (such as Burma) that the parties agree that taxis are changing Blaepor plus or minus.

It may also determine the taxi contained in the lease to operate the amount of daily or monthly or yearly, and linking linked record inflation index, released by the state in each period.

4 - known to be beneficial, either replace the appointment of the contract (or the person's eye), or lease to be quite eye described in the disclosure, in this case must be achieved qualities of science precluding foolishness leading up to the conflict.

5 - to be beneficial not religiously forbidden.

6 - to be able to meet.

7 - to determine, either in time, or completion of work.

Seventh: no objection religiously lease of public property to the partner, and the fact that some taxis resulting from the work of the employee, half by car leasing collected.

VIII: No objection from religiously timing of the lease, that is the contract linking the duration of the lease later, he used to say: taxi home, or my car, after six months, beginning on the day as well as the duration of such.

IX: No comment from the pop religiously lease two kinds of work, that says: "The work completed this month in orbit A, for example, and completed in two months, half the orbit, or to say: that this work completed to specifications set out the orbit of A, and complement the attributes of other Half the orbit, for example.

Tenth: Under Sharia obligations of the employer and the worker:

Duties of employer:

1 - to pay the rent as agreed, or after a vacuum of work: "Give the employee a taxi before the ink race."

2 - to provide the group meet the work as agreed.

3 - including lack of reference not endure.

4 - a grant of leave by agreement or as stipulated in the Labour Code.

5 - the provision of health services and health insurance, and so on, according to the agreement, or as stipulated in the Labour Code.

6 - commitment to labour laws and regulations binding in the State.

Duties Group:

1 - complete the work properly agreed.

2 - Non absence from duty during the period of leave from work, the employer, or to excuse an emergency project.

3 - maintain what is under the auspices of machines, tools and equipment and work.

4 - commitment to the Ethics Secretariat and not to publish the secrets of work and professionalism and dedication.

5 - commitment to labour laws and regulations for the driver in the state in which it operates.

Eleventh: Leasing contract binding on the parties, Enevsk not only in the following cases:

1 - the two parties agree to annulment (impeachment).

2 - the breach of obligations resulting from the contract.

3 - the emergence of an influential defect in the eye leased or pop in the employee.

4 - a force majeure.

Twelfth: Leasing contract ends with the following:

1 - the expiration of the contract, or work.

2 - the death of the designated group.

3 - the place is too good.

Resolution 4 / 18

Provision of student loans in Europe

It receives research report on this subject and the discussions that have been around as follows:

First: A Muslim students in Europe to take advantage of student loans provided by European countries for their citizens, and to use the payment of installments on the study and living costs, student, whether such loans without increasing usury Bmicrmadl tied to the cost of living, for the following:

1 - student loans mentioned verify they are free of usury increase in terms of the asset.

2 - the laws governing the collection of premiums from the student-sensitive event students and their interest and ability to pay, Taliban does not pay the premiums charged only after getting a work of average income, and then taken it in installments according to the tax system which takes into account the proportion with per capita income, etc., which serves the interests of Student borrower does not state lenders.