Muslim World League Fatwa On The Jihad in Afghanistan

Resolutions
of the Islamic Fiqh Council

during Its Tenth Session Held
between 24-28 Safar 1408H
(17-21 October 1987)
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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 10th session held between 24-28 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.
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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
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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
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The Second Resolution
on Death Report and Removal of
Life-Support Instruments from Human Body


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) 3.7.1986 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.
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Members:
Muhammad Ibn Jubair
Abu Bakr Joomi

270
The Third Resolution
on Boxing, Free-style Wrestling
and Bull Fighting


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 above-
mentioned 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
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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.
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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.


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Members:
Muhammad Ibn Jubair
Abu Bakr Joomi

274
The Fourth Resolution
on Eatable Animal’s Slaughter
with Electric Shock


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
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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.


Members:
Muhammad Ibn Jubair
Abu Bakr Joomi
276

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The Fifth Resolution on
Research Paper of Legal Advisor, Ibrahim Al-Nasser:
'Stand of Islamic Shari’ah on Banks'


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
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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

Members:
Muhammad Ibn Jubair
Abu Bakr Joomi

281
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The Sixth Resolution
on Questions Asked by International Islamic
Relief Committee of North America


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
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.


Members:
Muhammad Ibn Jubair
284
Abu Bakr Joomi

285
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The Seventh Resolution
on Explanations Sought by the MWL
International Islamic Relief Organization
about Donations in Cash and Kind


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
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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.
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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
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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 well-
off, 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.

290
Members:
Muhammad Ibn Jubair
Abu Bakr Joomi

291
‫أﺑﻴﺾ‬
‫‪292‬‬
The Eighth Resolution
on Recording of Qur’an
on Audio Cassette

The Islamic Fiqh Council of the Muslim World League during

its 10th session held between 24-28 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

Members:
Muhammad Ibn Jubair
Abu Bakr Joomi

294
The Ninth Resolution on Difference between
Various Schools of Fiqh and Fanatic Approach
by Some of Their Followers


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
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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
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
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.


Members:
Muhammad Ibn Jubair
Abu Bakr Joomi
298
The Tenth Resolution:
An Appeal to Governments and Peoples
of the Muslim World


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
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)


Members:
Muhammad Ibn Jubair
Abu Bakr Joomi
300
The Eleventh Resolution on Question Asked
by Abu Bakr Muhyuddin about payment
of Waqf Revenue


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.


Members:
Muhammad Ibn Jubair
301
Abu Bakr Joomi

302
The Twelfth Resolution:
An Appeal to Governments and Peoples
of the Muslim World about Palestine


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
word of Allah high and restore the Aqsa Mosque. It also urged
them to seek shelter with Almighty Allah.


Members:
Muhammad Ibn Jubair
Abu Bakr Joomi

304
Resolutions of
the Islamic Fiqh Council
during Its 11th Session Held
between 13-20 Rajab 1409H
(19-26 February 1989)
305
‫أﺑﻴﺾ‬
‫‪306‬‬
about Zakah on Rentals
of Real Estate

The Islamic Fiqh Council during its 11th Session held in

Makkah Mukarramah between 13-20 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
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 (40th) part of the amount as it is for
gold and silver.


Members:
Muhammad Ibn Jubair
Abu Bakr Joomi
308
Saleh Ibn Abdul Aziz Al-Othaimeen

309
‫أﺑﻴﺾ‬
‫‪310‬‬
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

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 11th Session held in Makkah
Mukarramah held between 13-20 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
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
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
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.


Members:
Muhammad Ibn Jubair
Abu Bakr Joomi
314
on Blood Transfusion from Woman to
Under 2-Year Child, and Whether Rule of Ridhaa
Will Apply or not, and Whether Compensation
for This Blood Is Permissible or not


February 1989) looked into the issue of blood transfusion from
woman to under 2-year child, and whether rule of Ridhaa will
apply or not, and whether compensation for this blood is
permissible or not?
After discussion and exchange of views, the Council

unanimously reached the conclusion that the blood transfusion
does not cause Tahreem (prohibition of marriage relationship), as
caused by Ridhaa (breast feeding).
Regarding the compensation for blood, in other words, the

sale of blood, the Council is of the view that it is not lawful,
because blood is one of the things which are prohibited in the
Qur’an and cannot be taken as food. Such things include pork
and meat of the dead animals. As these things cannot be taken as
food, they cannot be put for purchase and sale. According to an
authentic Hadith, when Almighty Allah commanded the
prohibition of a thing, He prohibited its sale too. Prophet
Muhammad (peace be upon him) is reported to have prohibited
the sale of blood.
315
However, the extra-ordinary circumstances call for exception
from the normal rulings. Such circumstances include the different
medical situations and when nobody is available to donate his
blood except with compensation, because necessities call for
permissibility of the prohibited as much as it is needed. Hence, it
is permissible to pay compensation for blood however the person
who takes the compensation money for his blood would be guilty
and sinful.
There is no objection if the blood donor is provided with

appropriate amount of money as a gift or reward to encourage
him for this humanitarian good work, because it would be then a
donation, not compensation.


Members:
Muhammad Ibn Jubair
Abu Bakr Joomi
316

317
‫أﺑﻴﺾ‬
‫‪318‬‬
on Infidelity of Rashad Khaleefah


February 1989) looked into the matter that came up for
discussion regarding the file of Rashad Khaleefah, Imam of a
mosque in the United States, including his letter addressed to
H.E. Secretary-General of the Muslim World League, in addition
to his literature that represents his views and activities.
After having an investigation into the whole matter, the

Council reached the conclusion that Rashad Khaleefah has
presented the following false claims:
1. His denial of some verses of the Qur’an.

2. His denial of the Prophet’s Sunnah.
3. His claim that Muslims’ prayer is the prayer of Unbelievers.
4. His pretension to be a prophet.
Since each of these false claims means infidelity and revolt

against Islam and its values, the Council unanimously decides
that Rashad Khaleefah’s pretensions mean that he is no longer a
Believer and has committed apostasy. Hence, Muslims must be
alert and cautious of his false views, and they must not cooperate
with him. A prayer behind such a person is unlawful. They must
know as well that pretensions of this apostate person are in fact
extension of the apostasy presented earlier by Qadianies, Bahais
319
and propagators of other misleading ideologies, which Islam has
always rejected.
The responses given by the Muslim scholars to such

misguided sects are indeed the fitting answer to this criminal and
others who undermine the religion of Islam from within, as
Almighty Allah says in the Qur’an: “They want to extinguish
Allah’s Light with their mouths, but Allah will not allow but that
His Light should be perfected, even though the Unbelievers may
detest (it).” (Qur’an, 9:32)
While the Council decides this, it recommends the

publication of the research papers prepared to refute the false
claims of this liar. May Almighty Allah save all Muslims from
bad effects of such misguided notions.


Members:
Muhammad Ibn Jubair
Abu Bakr Joomi
320

321
‫أﺑﻴﺾ‬
‫‪322‬‬
The Fifth Resolution
on Purification with Sewerage Water
after It Is Cleaned

The Islamic Fiqh Council during its 11th session held in

February 1989) looked into the position of sewerage water after
its cleaning, and whether it is lawful to use it for Wudhu
(ablution) and Ghusl (bathing) or it is permissible to remove
impurity through it?
After consulting the experts who are fair, honest and trusted
Muslims and specialized in cleaning the sewerage water with
chemical means, and after their conclusion that the process of
such cleaning takes place by removing its impurity at four stages:
precipitation, ventilation, killing of germs and sterilization with
chlorine, as no sign of impurity in its taste, colour and odour
should remain., the Council decided the following:
The sewerage water, if it was cleaned through the above-

mentioned methods, and there is no sign of its impurity in taste,
colour and odour, it would become pure, hence, it is permissible
to use such water for removing all kinds of impurity, on the basis
of the Islamic Fiqh rule that the large quantity of water in which
some dirt falls in, is pure when the dirt is removed from the water
and no sign of it remained there.

323
Members:
Muhammad Ibn Jubair
Abu Bakr Joomi

324
A Viewpoint
on Lawful Uses of
Cleaned Sewerage Water

The sewers are essentially made to remove what is harmful

for the people physically and religiously in order to seek the
purity and ward off the environmental polution.
Since the modern means of treating their contents in order to

convert them into clean and sweat waters which are suiteable for
lawful uses such as cleansing, watering of animals and drinking,
the examination of defects which caused the prohibition of use in
all or some cases led to the conclusion that the sewerage water
before its cleansing was defective with the following:
1. The dirty wastes with their taste, colour and odour;
2. The remains of contagious diseases and becterial infections:
3. The defect of dirtiness and impurity in view of its change as

well as appearance of animalcules and insects in the sewers, and
which are considered to be dirty in the general as well as in the
relogious terms.
Therefore, the legal view about such water after its being
cleaned would depend on level of these defects’ removal, which
lead to the conclusion that its transformation from dirt through
removal of its taste, colour and odour does not mean the removal
of its harmful defects and becteria.
325
The agricultural authorities constantly advises not to irrigate
with such water, the vegetables which are eaten without cooking,
then, how can it be used directly as drinking water?
One of the aims and objectives of Islam is to safeguard the

human bodies, therefore, nothing should be brought to a healthy
person that causes sickness to him. The protection of the human
body against the harmful things is necessary, as the protection of
religion against the harmful things is obligatory.
If these defects are removed, the defects of dirt and impurity

continue to remain there, and if water is derived from urine and
faeces, it would be equally used in the customary and legitimate
things.
It is known in the Shafe’i school of jurisprudence and also it

is an authentic view in the Hanbali School of jurisprudence that
such transformation does not lead to purity. The subscribers of
this view present as evidence, Hadith reported in the books of
Sunan and which prohibits the riding as well as milk of such
animals which take the dirt as their food.
It should be known also that the difference between the

senior scholars about an impure thing’s transformation into a
pure thing is related to certain things, and in any way they did not
apply the rule of transformation on what is found presently in the
sewers like huge quantity of dirty waste, garbage, remains of
clinics and hospitals. The conditions of Muslims did not reach
such a level that they are forced to cleanse the dirty waste into
water for purification and drinking purposes. No matter, if it is
justified in the non-Muslim countries due to their un-Islamic
nature and mentality.
326
However, there is alternative of cleaning the sea water and
covering the maximum possible cost by a reasonable increase in
the consumption price of water and by employing the rule of the
Islamic Shari’ah that prohibits the overuse of water.
Bakr Abu Zaid

Member, Islamic Fiqh Council
Makkah Mukarramah
327
‫أﺑﻴﺾ‬
‫‪328‬‬
The Sixth Resolution on Change
of Sex from Male to Female and Vice Versa


February 1989) looked into the issue of changing the male sex
into female and vice versa.
After study and discussion among its members, the Council

decided the following:
First:
It is not permissible to change the sex of the male person
who has the complete sex organs into the female sex and also it is
not permissible to change the sex of the female person who has
the complete sex organs into the male sex. Any attempt to make
this sex change would be considered a crime whose perpetrator
would deserve punishment, because it amounts to changing the
creation of Almighty Allah, who has prohibited such change as
Almighty Allah quotes in the Qur’an a saying of Satan:
“Certainly, I will order them (human beings) and they would
change the creation of Allah.” (Qur’an, 4:119)
In Sahih Muslim, Ibn Mas’ood has reported Prophet

Muhammad (peace be upon him) as saying: “Allah has cursed
those women who tattooed and who have themselves tattooed,
those who pluck hair from their faces and those who make
spaces between their teeth for beautification, changing what
Allah has created.” Then, he (Ibn Mas’ood) said: “Should I not
329
curse one upon whom Allah’s Messenger (peace be upon him)
has invoked curse and that is also in the Book of Allah, He meant
His saying: “ What Allah’s Messenger brings for you, accept it
and what he has forbidden you, refrain from it”. (Qur’an, 59:7)
Second:
As regards the person whose body organs combine the signs
of the famale and male sexes, then it would be seen which sex is
prevalent in that person. If the male sex is dominant, he would be
treated medically to remove any suspicion about his male sex,
and the person whose signs of female sex are prevalent, she
would be treated medically to remove any suspicion about her
female sex. The medical treatment would be either through
surgery or through hormones, because it is an illness and its
treatment would be for its cure, not for any change in the creation
of Almighty Allah.


Members:
Muhammad Ibn Jubair
Abu Bakr Joomi
330

331
‫أﺑﻴﺾ‬
‫‪332‬‬
The Seventh Resolution on
1- Cheque in Place of Possession
in Cash Payment through Bank Transfer
2- Entry in Bank Registers for Possession
to Those Who Want to Exchange Currency
with Another Currency Deposited in Bank


February 1989) looked into the following issues:
1. Whether payment of cash money in banks can be replaced by

the payment through cheque which is received by the person
who wants to transfer it?
2. Is it sufficient to make entry in the bank registers for

possession to those who want to exchange currency with
another currency deposited in the bank?
After study and discussion, the Council unanimously decided
the following:
First:
To receive the cheque is to possess the payment in case its
conditions are fulfilled in the issue of cash payment through the
bank transfer.
Second:
The entry in the bank registers is in the meaning of
possession for the person who wants to exchange a currency with
333
another currency, whether payment is in currency which the
person gives to the bank or in the currency deposited in the bank.


Members:
Muhammad Ibn Jubair
Abu Bakr Joomi

334
The Eighth Resolution on
Whether Bank Can Impose Penalty
on Borrower for Delay in Debt Payment
within Fixed Period


February 1989) looked into the question raised by Sheikh Yusuf
Al-Barqaawi, head, department of Da’wah and Guidance in
Zarqa, Jordan, and the question is in the following: If borrower
becomes late in payment of debt in the fixed period, has the bank
a right to impose a penalty with a certain ratio due to delay in the
debt payment within the period fixed between the bank and the
borrower.
After study and discussion, the Islamic Fiqh Council

unanimously decided the following:
If creditor imposed a condition on debtor that debtor would

pay to creditor an amount of money as a fixed monetary penalty
or with a certain ratio in case, he delayed the payment in the
period fixed between them, then it is an invalid condition or
stipulation which must not be fulfilled rather it is not permissible
whether the stipulator is bank or somebody else, because it is the
usury of Jahiliyah (pre-Islamic period of ignorance) which the
Qur’an has prohibited.

335
Members:
Muhammad Ibn Jubair
Abu Bakr Joomi

336
Resolutions of
between 15 - 22 Rajab 1410H
(10 - 17 February 1990)
337
‫أﺑﻴﺾ‬
‫‪338‬‬
on Writing the Qur’anic Verse or Verses
on Picture of a Bird or the Like


February 1990 looked into the issue of writing the Qur’anic verse
or verses on picture of a bird and decided unanimously that it is
not permissible to do so because it amounts to playing with the
word of Almighty Allah and degradating it.


Members:
Muhammad Ibn Jubair
Abdurrahman Hamzah Al-Marzooqi
Abu Bakr Joomi
339
Sheikh Saleh Ibn Abdul Aziz Al-Othaimeen

Muhammad Sheith Khattab
340
on Husband’s Preventing His Wife from Taking
the Medicine Prescribed for Her Epilepsy
with Argument that She Is Possessed by Jinn
or Her Medicine Has Anesthetic Effect


February 1990 looked into the issue of Husband’s Preventing His
Wife from Taking the Medicine Prescribed for Her Epilepsy with
Argument that She is possessed by Jinn or her prescribed
medicine has anesthetic effect.
After the discussion of this issue by the Council members

and the medical scientists, and the exchange of views over the
issue, the Council unanimously decided that the husband should
not prevent his wife from taking the appropriate and legitimate
treatment prescribed for her by trusted medical practitioner,
because his prevention would cause harm to her. Allah’s
Messenger (peace be upon him) has forbidden from causing a
harm to anybody as he said: “No harm to you or to others.”
This rule is also applicable to every guardian, so he should

not prevent his ward from any medical treatment that is lawful
for him in the Islamic Shari’ah.

341
Members:
Muhammad Ibn Jubair
Abu Bakr Joomi

342
on Artificial Insemination
between Couples


February 1990 looked into the issue of the artificial insemination
between couples, and decided unanimously to suffice on the
second resolution adopted by the Council during its 8th session
held in 1405H.


Members:
Muhammad Ibn Jubair
343
Abu Bakr Joomi

344
on Abortion of
Physically-Deformed Foetus


February 1990 looked into this issue. After discussion by the
Council members as well as the concerned medical scientists
who attended the session especially for this purpose, the Council
with majority decided the following:
- When the foetus completes 120 days, then it is not permissible

to abort it, even though the medical diagnosis shows that it is
physically deformed. However, if it was proved by the report
of a medical panel of the trusted and specialized medical
scientists that there is a sure danger to life of the mother, then
only it is permissible to abort it whether it is physically
deformed or not, in order to avoid the worst of the two harms.
- Before the foetus’ completion of 120 days, if it was proved by a

report of the trusted and specialized medical scientists’ panel
and by a medical check-up based on technical investigation
through laboratory instruments that the foetus is seriously
deformed and it cannot be treated, and if it remained and was
delivered on its due date then its life will be bad and would
continue to be an agony for itself as well as for the entire
family, then it is permissible to abort it on request of the
parents. The Council, while it decides this, recommends to the
345
medical practitioners and parents to be fearful of Almighty
Allah and ascertain this matter.


Members:
Muhammad Ibn Jubair
Abu Bakr Joomi

346
Resolutions
on 5 Sha’ban 1412H
(8 February 1992)
347
‫أﺑﻴﺾ‬
‫‪348‬‬
The First Resolution on Undertaking the Deal
of Currency Exchange and Whether Bank or
Company Can Arrange Future Purchase
Operations in Favour of a Client on His request

Blessing and peace be on His Prophet Muhammad,

Makkah Mukarramah on 5 Sha’ban 1412H (8 February 1992)
looked into the exchange of currencies and arrived at the
following conclusions:
First:
The sale of a currency with another would be considered an
exchange transaction.
Second:
If the exchange transaction took place with its stipulations
based on the Islamic Shari’ah, especially the possession by both
sides in the transaction sitting, then the transaction is lawful.
Third:
If the transaction was concluded with an agreement to delay
the possession by both sides or one of them to a known date in
the future, whereas both currencies would be exchanged
simultaneously at a time in the fixed date, then the transaction is
not lawful because the possession by both sides is a condition for
validity of the transaction and that did not happen.

349
Members:
Muhammad Ibn Jubair
Abu Bakr Joomi
350
on Placenta


looked into the issue of placenta and decided that there is nothing
wrong in benefitting from it for the medical purposes.
As regard the medicines that are derived from the placenta

and taken through mouth or injection, it is not lawful unless it is
necessary.


Members:
Muhammad Ibn Jubair
351
Abu Bakr Joomi
352
on the Manufacturing and Marketing
of Holy Ka’bah’s Replica


looked into the issue of the manufacturing and marketing of the
Holy Ka’bah’s replica, and decided that it is necessary to put an
end to it, because it leads to evil and prohibited practices.


Members:
Muhammad Ibn Jubair
Abu Bakr Joomi
353
354
Resolutions
on 20 Sha’ban 1415H
(21 January 1995)
355
‫أﺑﻴﺾ‬
‫‪356‬‬
on Responsibility of Guardians
and Caretakers for Their Wards
and Their Actions

Due to the obvious importance of upbringing the good future

generation which can shoulder its various responsibilities, and
due to the vital role of guardians in building the personality of
child and protecting him from factors of loss and wrongdoing,
and as we see deterioration of moral values in societies and the
enemy’s onslaught to corrupt Muslims’ belief and behaviour, as
well as to weaken their strength,

Makkah Mukarramah on 20 Sha’ban 1415H (21 January 1995)
looked into the responsibility of guardians for their wards and
their actions, and adopted the following resolution:
This responsibility is divided into two parts:

First:
The responsibility of guardian towards their wards for
upbringing and guidance; this religious aspect is very important,
hence the guardians and caretakers must pay their full attention to
carry out their duties, which Allah and His Prophet have enjoined
upon them in order to make them follow their religion, moral
character and behaviour, and protect them from the hostile
ideologies so that they become good generation, which is
completely faithful and presents good example. This general
Islamic duty is just an implementation of the duty that Almighty
357
Allah has assigned to guardians and caretakers. It also represents
the duty of the faithful caretaker for leading his subject in order
to achieve righteousness and adhere to the Qur'an and the
Sunnah, and refrain from the evil and bad deed and all means of
deviation.
This duty is called in terms of the Islamic Fiqh as

guardianship with both of its following kinds:
a) Guardianship on soul through education and imparting the

good moral characters, healthcare, marriage, providing some
professional qualification, etc.
b) Guardianship on wealth through safeguarding the wealth of

children and orphans and its growth through lawful means
with keen interest to invest it by himself or by some trustful
hands. The guardian would be constantly required to spend on
the child from his money in the well-known manner until he
reaches the age of maturity. If he did not have money, then, it
would be upon the person, who is required to spend on him,
and he would not hand over his money to him until he
becomes adult and proves his maturity, as Almighty Allah
says: “Make trial of orphans until they reach the age of
marriage; then if you find sound judgement in them, release
their property to them…” (Qur’an, 4:6)
The guardians and caretakers are cautioned against those

misguided persons who claim to belong to the religion of Islam
and not to give their wards to such people for their upbringing.
Second:
He is responsible for acts of his wards, and harms and
damages that may result out of their actions against others. This
is, however, a financial responsibility that comes under the
jurisdiction of the court. The responsibility here means the
358
commitment of the guardian or caretaker to compensate the
damage that may incur to others in the form of actual financial
damage may involve money, life and organs of the body due to
act of the ward.
Basis of this responsibility is the actual mistake. The

guardians and caretakers would not be responsible legally for
damages by children and insane persons unless there is
negligence in care-taking or their enticement or commandment of
those who are below the age of maturity, to inflict damage to
others.


Dr. Ahmad Muhammad Ali
Members:
Muhammad Ibn Jubair
Mabrook Masood Al-Awaadi
359
A group of Muslim scholars and experts also took part in the
discussion of this issue. Their names are given below:
1. Dr. Wahbah Mustafa Al-Zuheili

2. Dr. Siddeeq Muhammad Ameen Al-Dhareer
3. Dr. Ali Mohyuddeen Al-Qarrahdaghi
4. Sheikh Abdul Qadir Muhammad Al-Ammari
5. Sheikh Muhammad Sheibani Muhammad Ahmad
6. Dr. Ali Ahmad Al-Saloos
360
on Responsibility for Damages
by Animal or Building and Everything
Whose Protection Requires Special Attention

In view of what we see in our age; the age of machine and

advanced technology, the happenings of damages and injuries
among the workers and negligence of some technicians to carry
out the duty properly and not to undermine the rights of others,

looked into the issue of responsibility for damages by animal or
building and everything whose protection requires special
attention and decided the following:
First:
Damages by Animal: The basic position in the offence
caused by animal and the damages occurred due to it is void on
the basis of the authentic Hadith: “The speechless (animals) are
helpless.” However, when the animal which is in somebody’s
possession or custody is known for its harms or its owner did not
keep it properly due to his excess or negligence, hence, the cause
of responsibility is mistake and damage.
In this case, the responsible for it would be the owner or

those who are virtually in its possession such as leaseholder,
borrower, driver, usurper, stealer, etc. Such persons would be
considered as accountable for the damage occurred to plants or
361
trees, particularly, when the damage occurred during the night, it
is because they are duty-bound to keep the animal under guard
during the night.
Likewise, owners of the agricultural farms are to look after

them during daytime, as Bara Ibn Aazib (may Allah be pleased
with him) reported in a Hadith that Allah’s Prophet (peace be
upon him) ruled that owners of gardens are to look after them
during the day and what the animals have damaged at night is the
responsibility of their owners.
2. Collapse of building: Owner of the building, trustee of the

Waqf property, guardian of the orphan or caretaker of the
disabled would be responsible if he constructed the building
which was from the very beginning, defective due to his
negligence, shortcoming or fraud, the owner will have to
check with the person who has caused this. Similarly, they
would be responsible for guarantee of the damage which was
caused by collapse of the building due to the sudden defects.


Members:
Muhammad Ibn Jubair
362


363
‫أﺑﻴﺾ‬
‫‪364‬‬
on Mas’a after Saudi Expansion
Whether Its Previous Status Would Remain or
It Would Be Considered within the Mosque


looked into the issue and decided with majority that Mas’a (place
of Sa’i) after its construction within the building of Al-Masjid
Al-Haraam does not take the status of the mosque, and also, it is
not governed by its rules, because Mas’a is a separate Mash’ar
(the sacred site) as Almighty Allah says: “Behold! Safa and
Marwah are among the symbols of Allah. So if those who visit the
House in the season or at other times should compass them
round…” (Qur’an, 2:158)
This is the view subscribed by the majority of the Fiqh

scholars including the four schools of Islamic Fiqh. It is lawful to
perform prayer in Mas'a while following the Imam of Al-Masjid
Al-Haraam like any other clean place. For the menstruating
women and those who are in a state of ceremonial impurity, it is
also lawful to stay there and do Sa’i, though it is better to do Sa’i
with Taharah (purity).


Dr. Ahmad Muhammad A
365
Members:
Muhammad Ibn Jubair


366
on Purchase of Company and Bank Shares
if Some of Their Dealings Are Usurious


looked into the issue and decided the following:
First:
In view of the fact that deals are basically permissible, hence
it is lawful to establish a share-holding company whose aims and
activities are permissible in the Islamic Shari’ah.
Second:
There is no difference about the illegality of having shares in
companies, whose basic purpose is unlawful such as dealing with
usury, or manufacturing or trading in the prohibited things.
Third:
It is unlawful for a Muslim to buy shares of companies and
banks if some of their dealings are involved in usury and the
buyer knows it.
Fourth:
If a person purchased shares and he did not know that the
company is dealing with usury then having known it, he must
come out of that company.
367
The prohibition in this matter is clear due to the various
evidences in the Qur’an and the Sunnah to prohibit the usury, and
also because the purchase of shares in a company that deals with
usury while the buyer knows it, means that the buyer himself
takes part in the usurious dealing, because the share represents a
common part of the company’s capital money, and the share-
holder possesses a part of the company’s assets, hence, every
amount of money that the company lends or borrows with
interest, the share-holder has also his lot in it, because the
company while lending or borrowing with interest, in fact does
this on his behalf, and it is unlawful to authorize anybody for
doing anything that is prohibited.


Members:
Muhammad Ibn Jubair
368

369
‫أﺑﻴﺾ‬
‫‪370‬‬
The Fifth Resolution on
Whether Financing Partner’s Profit
in Mudhaarabah Company Can Be Fixed
with Certain Amount of Money


looked into the issue and decided that it is unlawful in
Mudhaarabah for Mudhaarib (Mudhaarabah partner) to fix an
amount of money as profit for the financing partner, because this
contradicts the principle of Mudhaarabah and makes it as a loan
with interest.
And also, because the profit in the Mudhaarabah deal may

not be more than what was fixed for the financing partner who
may take the whole amount fixed for him, then Mudhaarabah
may have loss. On the other hand, the profit may be less than the
amount fixed for the financing partner and the Mudhaarabah
partner may suffer a loss.
The basic difference between the Mudhaarabah deal and

lending with interest – which is practised by the usurious banks –
is that money in the hand of the Mudhaarabah partner is a trust
deposit for which he would be responsible if he committed any
excess or negligence, and the profit is distributed at a joint ratio
that is agreed upon between the Mudhaarabah partner and
financing partner.
371
It is the unanimous view of the Fiqh scholars that one of
conditions of the Mudhaarabah deal is that the profit is common
between the financing partner and Mudhaarabah partner without
fixing an amount for any of them.
Members:
Muhammad Ibn Jubair
372
on Responsibility of Mudhaarabah Partner
and Boards of Directors for Losses


looked into the issue and decided the following:
The financing partner in the Mudhaarabah deal will bear any

loss to his money and the Mudhaarabah partner will not be asked
for that unless he is found to have committed any access or
negligence in keeping it properly, because the capital money in
Mudhaarabah is the property of the financing partner, and the
Mudhaarabah partner is its custodian as long as it is in his hand
and he is authorized to handle it properly. The authorized and
custodian are responsible only when they have committed an
excess or negligence.
The board of directors in the banks and financial institutions

is responsible for their affairs, because it is authorized by share-
holders to run the company. The cases, in which the board of
directors is responsible for the loss that takes place in the
Mudhaarabah money, are the same cases in which the
Mudhaarabah partner is accountable.
It means that the board of directors would be accountable to

the money owners for any loss that occurs to the Mudhaarabah
money due to excess or negligence on its part or on part of the
staff. If this excess or negligence is due to some of the staff, he
373
would be accountable to the board of directors, and if excess or
negligence is due to the board of directors, the share-holders can
hold it responsible for it.
Members:
Muhammad Ibn Jubair
374
on Issue of Lottery


Makkah Mukarramah between 20 Sha’ban 1415H (21 January
1995) looked into the issue of lottery which is defined normally
as “a game in which a number of people contribute and each of
them is supposed to pay a small amount of money in order to try
their luck and win the larger amount or some thing else through a
draw, whereas every contributor has a number, and all numbers
of the contributors are placed in one place. Among these
numbers, one or more numbers are taken through a chance of
luck. So whose number is taken in the draw, is the winner of
lottery.”
On the basis of this definition, lottery comes under gambling,

because one of its contributors either wins the whole lot or loses
what he had paid. This is the rule of gambling which is
prohibited.
The justification presented by some legal systems for validity

of the lottery game, in case, some of its income goes to the
charitable purposes, is rejected by the Islamic Shari’ah, because
the gambling is forbidden whatever reasons may be behind it. In
Maisser – a gambling of Jahiliyah people – its winner used to
distribute what he earned out of the Maisser gambling on the
poor. This was the benefit of the Maisser gambling, about which
the Qur’an made the reference and even then prohibited it,
because its sin is bigger than its benefit: “They ask you
375
concerning wine and gambling. Say: ‘In them is great sin and
some profit for men. But the sin is greater than the profit.’”
(Qur’an, 2:219) Almighty Allah also commands: “O you who
believe! Intoxicants and gambling, (dedication of) stones, and
(divination by) arrows, are an abomination – of Satan’s
handiwork. Eschew such (abomination), that you may prosper.”
(Qur’an, 5:90)
On this, the Council recommends to do a field study of all

kinds of prizes, contests and concessions prevailing in the
commercial markets and media. It also recommends making
contacts with a number of Fiqh scholars and researchers in order
to write on the subject, and then present the whole issue again to
the Council in its coming session, Insha Allah.


Members:
Muhammad Ibn Jubair
376


377
‫أﺑﻴﺾ‬
‫‪378‬‬
on Rules of Revealing the Private Parts
during Treatment


looked into the issue and adopted the following resolution:
1. In the Islamic Shari’ah, it is not originally permissible to reveal

woman’s private parts to man, nor man’s private parts to
woman. It is also not permissible to reveal woman’s private
parts to woman nor to reveal man’s private parts to man.
2. The Council confirms the Resolution No. 85/12/85 dated 1-

7.1.1414H adopted by the OIC Islamic Fiqh Academy: “The
basic rule is that if a female specialized medical practitioner is
available, she must attend to the female patient. If such facility
is not available, then a non-Muslim female medical practitioner
would do the job. If it is also not available, then a Muslim male
medical practitioner would treat her. It if is not available, then
a non-Muslim male medical practitioner would treat her,
provided that he would examine the female patient’s only part
that is needed for diagnosis and treatment, and he would lower
his gaze as much as possible and that the male medical
practitioner’s treatment of female patient would be in the
presence of her Mahram, husband or a trusted woman in order
to avoid Khalwah (seclusion).”
379
3. In all the above-mentioned situations, no one would join the
medical practitioner in his treatment except those whose
participation is required by necessity of the medical treatment
and they must safeguard the secrets involved in such treatment.
4. Officials in the health sector and hospitals must work to ensure

the safeguard the private parts of Muslim men and women and
draw up certain rules and regulations to achieve this aim. They
should take punitive measures against all those who do not
respect the values of Muslims. They should also adopt the
necessary arrangements to ensure the safeguard of patient’s
private parts and not to reveal them during the operation except
when it is necessary and that also through proper dressing and
covering.
5. The Council recommends the following:
1. Those who are responsible for health care should modify the
health policy (in concept, methodology and practice) that
conforms to the religion of Islam and its high moral principles
and values. They should also give due attention to this
requirement.
2. They should also work for ensuring the presence of a religious

guide in every hospital, who can provide the religious
guidance to the patients.


Members:
Muhammad Ibn Jubair
380


7. Dr. Taiyib Muhammad Abid Ba-Khatmah
381
‫أﺑﻴﺾ‬
‫‪382‬‬
Resolutions
between 11-15 Rajab 1419H
(31 October- 4 November 1998)
383
‫أﺑﻴﺾ‬
‫‪384‬‬
on the Muslims’ Use of
Genetic Engineering


Makkah Mukarramah between 11-15 Rajab 1419H (31 October -
4 November 1998) discussed the issue of Muslims’ use of
genetic engineering which occupies a significant place in the
field of science, raising many questions about its use.
During the discussion, it became evident that the focus of
genetic engineering is to identify the genes and their composition
as well as to control them through omitting some of them (for
illness, etc.) or through adding or merging with each other in
order to change certain hereditary traits.
After having thorough discussion on the papers written so far
on this issue, as well as the resolutions and recommendations
adopted by the scientific conferences and seminars, the Council
First:
Confirmation of the Resolution No. 100/2/D/10 adopted on
the issue of cloning by the Islamic Fiqh Academy of the
Organization of the Islamic Conference (OIC) during its 10th
session held in Jeddah between 23-28 Safar 1418H.
Second:
Genetic engineering may be used to prevent or treat a
disease, or to minimize its harm, provided that it does not cause
more harm in the process.
Third:
385
It is not permissible to use the genetic engineering for any
mischievous or hostile purposes or for anything which is
prohibited in the Islamic Shari’ah.
Fourth:
It is not allowed to use the genetic engineering in tampering
with the personality of human being and his individual
responsibility, or in interfering with the structure of genes on the
pretext of improving the human race.
Fifth:
It is not permitted to conduct any research, treatment or
diagnosis of an individual’s genes unless there is a need for that
and only after a prior assessment of the potential risks and
benefits out of such activities and after having the consent of the
concerned person in addition to fully preserving the secrecy of
results and keeping into consideration the rulings of the Islamic
Shari’ah regarding the respect and dignity of the human being.
Sixth:
Genetic engineering may be used in the fields of agriculture
and animal breeding, provided that the necessary precautions are
taken to prevent any harm - even on the long-term basis - to man,
animal and environment.
Seventh:
The Council calls upon the companies and firms which
produce the foodstuff, medical and other products using the
genetic engineering to state the ingredients of these products, so
that people use them with full knowledge and caution about the
things which are harmful or prohibited.
Eighth:
386
The Council calls upon the medical scientists as well as
laboratory owners to be fearful of Almighty Allah and avoid any
harm to the human individual, society and environment.
Chairman of the Islamic Fiqh Council

Deputy Chairman of the Islamic Fiqh Council

Dr. Abdullah Ibn Saleh Al-Obaid
Members:
Muhammad Ibn Jubair
Dr. Saleh Ibn Fauzan Al-Fauzan
Dr. Muhammd Rasheed Al-Qabbani
Dr. Muhammad Habeeb Ibn Al-Khojah
387
‫أﺑﻴﺾ‬
‫‪388‬‬
on Use of DNA


Makkah Mukarramah between 11-14 Rajab 1419H (31 October –
4 November 1998 discussed the issue of the DNA and areas of its
uses as a genetic structure that proves the identity of a particular
human being.
According to the scientific research and studies, DNA is a

means which is characterized with accuracy in facilitating the
task of forensic science, and it can be taken from any cell of
blood, saliva, sperm, urine, etc.
After discussion and deliberation, the Islamic Fiqh Council
First:
A committee of the following members:
2. Dr. Najm Abdullah Abdul Wahid
3. Dr. Taiyib Muhammad Abid Ba-Khatmah
4. Dr. Muhammad Ali Al-Barr
would be formed to further study the research works and latest
developments related to the subject, and submit its findings and
recommendations to the Council’s next session, Insha Allah.
389
Members:
Muhammad Ibn Jubair
390
on Muslims’ Use of Animal Bones and Skins
in Manufacturing Gelatin


4 November 1998, studied the issue of gelatin and found that
gelatin is a substance which is used in manufacturing the sweets
and some kinds of medicine, and it is extracted from animal bone
and skin.
After a thorough discussion, the Council decided the

following:
First:
It is permissible to use gelatin extracted from the lawful
materials as well as from animals slaughtered in accordance with
the rulings of Islamic Shari’ah. However, it is not permissible to
use gelatin extracted from any prohibited animals or materials
such as pig skin and bone.
Second:
The Council recommends to all Muslim countries and
companies working in these countries to avoid the import of any
thing that is prohibited in the Islamic Shari’ah and provide
Muslims with the stuff that is good and lawful (Halal).

391
Members:
Muhammad Ibn Jubair
392
on Credit Sale


4 November 1998, discussed the issue of credit sale through the
research papers presented by experts on this issue. After
thorough discussion and deliberation, the Council decided to
postpone a final decision on it, due to the fact that there are
various types of credit sale, old and new, and it is necessary to
find out alternatives if prohibition is decided on the current
practices. The Council also needs to review the resolutions
passed by other Islamic Fiqh councils and various Fiqh seminars.
Therefore, the Council decided to set up a committee that

consists of the following experts and members of the Council to
study the afore-said issue thoroughly and submit its findings to
the next session of the Council.
The following are the names of the committee’s chairman

and members:
1. Dr. Bakr Ibn Abdullah Abu Zaid, President, the Islamic Fiqh
Council of the Organization of the Islamic Conference (OIC)
as chairman.
2. Sheikh Abdullah Abdurrahman Al-Bassam, Member of the

Senior Scholars’ Council in Saudi Arabia as member.
393
3. Sheikh Abdul Mohsin Ibn Abdullah Al-Sheikh, Dean of
Libraries, Ummul Qura University, Makkah Mukarramah as
member.
4. Dr. Muhammad Ali Al-Qari, Member of the Teaching Staff,

Faculty of Economics, King Abdul Aziz University, Jeddah
as member.
5. Dr. Wahbah Mustafa Al-Zuheili, Head, Department of Islamic

Fiqh and Its Schools of Thought, Faculty of Shari’ah,
University of Damascus as member.
6. Dr. Ali Mohyuddeen Al-Qarrahdaghi, Professor of Islamic

Fiqh and Its Principles, University of Qatar as member.
Members:
Muhammad Ibn Jubair
394
on Tawarruq Sale

The Islamic Fiqh Council during it 15th session held in

4 November 1998 studied the issue of Tawarruq Sale.
After thorough discussion and deliberation on the Shari’ah

evidences and principles as well as views of the Muslim scholars
on this issue, the Council decided the following:
First:
The Tawarruq sale is purchase of a commodity, which is in
possession of the seller, at a price to be paid later by the
purchaser, who sells it, in turn for cash to a person other than the
seller so as to get cash (paper money).
Second:
According to majority of the Muslim scholars, the Tawarruq
sale is permissible in the Islamic Shari’ah, because all types of
sale are basically permissible, as Almighty Allah says: “Allah
has permitted trade and forbidden usury.” (Qur’an, 2:275)
Moreover, in this sale, there appears no sigh of usury

whether intentionally or otherwise, and there is a need for this
sale in order to pay back the dept or for marriage etc.
Third:
This sale is permissible on condition that the purchaser shall
not sell the commodity at a price less than the one at which he
acquired it to its first seller, whether directly or indirectly. But if
395
the purchaser did so, he and the seller are considered to have
concluded a selling deal that is forbidden in Islam, because such
deal is associated with usury that makes it a forbidden sale
contract.
Fourth:
The Council, while adopting this resolution, advises Muslims
to adopt what Almighty Allah has given to His servants in the
form of Qardh Hassan (interest-free easy loan) from their legally
acquired wealth, seeking the pleasure and blessing of Allah, but
not following their gifts with reminders of their generosity or
with injury. This kind of loan is considered one of the greatest
means of spending one’s wealth for the sake of Allah, because
such behaviour promotes cooperation and mutual sympathy
among Muslims and relieves them of their distress. It also helps
them meet their needs and saves them from the burden of debt
and from committing the prohibited transactions. Furthermore,
there are many Islamic injunctions and commandments that
encourage Muslims to give interest-free loans, which are
bountifully rewarded.
On the other hand, the receiver of loan is expected to honour

his word and pay back in time, without any delay or
procrastination.


Members:
Muhammad Ibn Jubair
396
397
‫أﺑﻴﺾ‬
‫‪398‬‬
on Investment of Zakah Revenues


Makkah Mukarramah between 11-15 Rajab 1419H (31 October –
4 November 1998 studied the issue of investing the Zakah
revenues. After discussion and deliberation on payment of Zakah
and its utilizations, the Council decided the following:
Zakah should immediately be paid from an individual’s

wealth and given to whoever is present among the deserving
people as specified by Almighty Allah in the following verses of
the Glorious Qur’an: “Alms are for the poor, needy, those
employed to administer (funds), for those whose hearts have been
reconciled to (truth), for those in bondage and in debt, in the
cause of Allah and for the wayfarer.” (Qur’an, 9:60)
Therefore, it is not permissible to invest any portion of Zakah

revenue or funds for the interest of any of the eight categories,
who deserve it, such as the poor, for such investment is
associated with many violations of the Islamic tenets, including
for instance contradicting the immediate payment of Zakah,
depriving those entitled to Zakah of the benefit of its possession
at the payment time, hence causing hardship to them.

399
Members:
Muhammad Ibn Jubair
400
Resolutions of
between 21-26 Shawwal 1422H
(5-10 January 2002)
401
‫أﺑﻴﺾ‬
‫‬
‫‪402‬‬
on Credit Sale


Makkah Mukarramah between 21-26 Shawwal 1422H (5-10
January 2002, discussed the issue of credit sale. After review of
the relevent research papers submitted to the session, and
thorough discussions keeping in view the ruling of the Islamic
Fiqh (jurisprudence) that trade is originally permissible as
Almighty Allah says: “Allah has permitted trade and forbidden
usury.” (Qur’an, 2:275)
The Council decided that trading has certain principles and

conditions, and it is valid as long as it fulfills the necessary
conditions and stipulations. Moreover, it was evident from the
contents of the relevant research papers that credit sale has many
forms, some of them are permissible while others are prohibited.
The prohibited forms of the credit sale include any one of the
two types of usury i.e. Riba Al-Fadhl (usury of excess) and Riba
Al-Nassai (usury of credit), such as the usurious credit sale with
its own kind, or presence of cheating that may spoil the sale,
Similarly when the credit sale results in inability to deliver,
because Prophet Muhammad (peace be upon him) prohibited the
sale of credit for credit.
There are some contemporary applications of credit sale

which are practised by some banks and financial institutions.
Some of these applications are prohibited because they are
403
against the stipulations and guidelines of the Shari’ah (Islamic
law).
The Islamic Fiqh Council on the basis of all the above-

mentioned considerations decided the following:
First:
The permissible forms of the credit sale include the credit
selling to the debtor himself at the present price because the
stipulation of delivery is fulfilled in this sale and what he owes is
regarded as having been paid and the cause of prohibition, i.e.
inability to deliver, no longer exists.
Second:
Non-permissible forms of credit sale include the following:
a) Offering the credit sale to debtor at a deferred price which is
more than the credit itself. It constitutes a kind of Riba (usury)
which is prohibited according to Shari’ah (Islamic law), and is
described as debt scheduling.
b) Offering the credit sale to a person other than the debtor at a

delayed price of similar or other kind. It constitutes a form of
offering a credit for credit, which is prohibited according to
the Islamic Shari’ah.
Third:
Some contemporary applications of debt management are
following:
a) Deduction of commercial papers (cheques, payment orders

and bills) is not permissible, because it constitutes offering a
credit sale to a person other than the debtor in a way that is not
devoid of Riba (usury).
404
b) Dealing with papers bearing usurious interests is not
permissible by issuing, selling or putting them into circulation,
because they consist of usurious interests.
c) It is not permissible to turn debts into deeds that may be

circulated in secondary market, because it represents
deduction of commercial papers as mentioned in para (a).
Fourth:
The Islamic Fiqh Council was of the opinion that the legal
alternative to deduction of the commercial papers and sale of
bonds is to sell them through commodities, provided the buyer
takes their delivery at the time of signing the contract, even
though the value of the commodity is less than the value of the
commercial paper, for there is no legal objection to a person
purchasing the commodity at a delayed price higher than its
present price.
Fifth:
The Council recommended that a study be conducted about
the nature of the assets of the Islamic financial institutions in
order to show the proportion of debts and the subsquent legality
of their circulation.

Abdul Aziz Ibn Abdullah Al-Sheikh

Dr. Abdullah Ibn Abdul Mohsin Al-Turki
Secretary-General, Islamic Fiqh Council

Dr. Saleh Ibn Zabin Al-Marzooqi
Members:
Muhammad Ibn Jubair
405
Dr. Muhammad Rasheed Raghib Qabbani
Dr. Mustafa Seeritsh
Dr. Nasr Fareed Muhammad Wasil
Dr. Siddeeq Muhammad Ameen Al-Dhareer
Muhammad Salem Ibn Abdul Wadood
Dr. Radhallah Muhammad Idrees
Dr. Abdul Kareem Zeidan
Muhammad Taqee Othmani
Dr. Wahbah Mustafa Al-Zuheili
Dr. Abdussattar Fathallah Sa'eed
406
on Validity of Divorce Concluded
by Islamic Centres for Muslim Women Who
Have Divorce Ruling from an Un-Islamic Court

The Islamic Fiqh Council during its 16th session held In

January 2002 discussed the validity of divorce concluded by
Islamic centers and other similar institutions for Muslim women,
who have received divorce rulings from un-Islamic courts.
After review of the research papers submitted to the session

and thorough discussions on the issue, the Council decided the
following:
Due to importance of the issue and in view of the need to

have more research on the issue and know further about opinions
of the experts and other concerned parties, the Council decided to
postpone a final decision in its regard.
However, it recommended that the Muslim World League

(MWL) should hold a specialized seminar on Muslim minorities
and their problems as soon as possible. The eminent Muslim
scholars from various parts of the world as well as the leaders of
the Muslim communities in the non-Muslim countries should be
invited to this seminar which must be equipped with necessary
information and other resources to study conditions of the
Muslim minorities and their problems especially those related to
their family affairs.
407
The Council called on the MWL, which represents the
Muslim countries and communities to contact through proper
channel and coordinate with countries where Muslims are in
minority so that those Muslims have the right to judicial
application of their Personal Law according to rulings of the
Islamic Shari’ah at par with the other minorities, which normally
have this right.
The recommendations of the seminar should be presented to
the Council in a later session after the seminar to look into these
recommendations.
Members:
Muhammad Ibn Jubair
408
on Protection of Investment Accounts
in Islamic Banks


January 2002) discussed the issue of protecting the investment
accounts in Islamic banks.
After review of the research papers submitted to the session

and thorough discussions on the issue, the Council decided the
following:
First:
Preventive and remedial protection of investment accounts in
Islamic Banks is desirable and lawful as long as the legitimate
methods are used to achieve it, because it achieves the objective
of the Islamic Shari’ah in protection of wealth.
Second:
While managing investors’ funds, Islamic banks must adopt
recognized and legitimate preventive measures and means to
protect the investment accounts and minimize the risks.
Third:
If the Mudhaarib bank incurs any loss, the Council reiterates
the Sixth Resolution of its 14th session held on 20.8.1415H,
which laid down that loss in the Mudhaarabah money shall be
borne by the money owner. The Mudhaarib shall not be
409
responsible for that unless he commited any offence against the
money or was responsible for negligence in its protection and
proper care during its handling.
Fourth:
The Islamic Fiqh Council urged all the academic, financial
and supervisory institutions and agencies to work for
development of the accounting methods and criteria which are
based on the Islamic Shari’ah and can check any violation or
negligence. The Council also urged the governments to issue
necessary rules and regulations as well as directives in this
regard.
Fifth:
Money owners, who have investment accounts in the banks
can have a cooperative insurance for their investment accounts as
per the format issued by the Council in the wake of its Fifth
Resolution adopted by its first session held in Makkah in 1398H.



Members:
Muhammad Ibn Jubair
410
411
‫اﺑﻴﺾ‬
‫‪412‬‬
on Assets Evaluation


January 2002) has discussed the issue of assets evaluation, which
means the evaluation of all assets including commodities and
debts at their cash value as if commodities were sold and debts
were collected actually. It is an alternative to the real evaluation,
which requires the eventual liquidation of companies and joint
investment ventures, such as investment funds, as well as the sale
of all the assets and the collection of all debts.
After reviewing thoroughly and discussing in details all the

relevant research papers, the Council decided the following:
First:
There is no objection in the Islamic Shari’ah for conducting
the assets evaluation in order to determine or distribute the
profits of the joint Mudhaarabah (partnership), investment funds
or companies in general. Such distribution should be considered
final with the explicit or implicit consent of all the partners.
Such evaluation of assets is based on the two Hadiths of

Prophet Muhammad (peace be upon him) who said “The hand of
an individual would be cut off when he steals a quarter Dinar or
more or any thing that is equivalent to a quarter Dinar or more.”
(Sahih Al-Bukhari)
413
In the second Hadith, Prophet Muhammad (peace be upon
him) said: “If anyone emancipates his share in a slave, he is to be
completely emancipated if he has money, but if he has not
enough money, a fair price for the slave should be fixed and he
will be required to work to pay for his freedom, but must not be
over-burdened.” (Sahih Muslim).
In this regard we can benefit from the author of Al-Mughni,

who said, “In case a Mudhaarib (partner) changed (due to his
death or disqualification), without the assets evaluation, it is
permissible to have the assets evaluated in order to make the
Mudhaarabah venture continue between the owner of money and
whoever succeeds the former Mudhaarib.”
In addition to that, there are several permissible applications

for evaluation, such as evaluation of trading commodities for
Zakah and the distribution of joint assets.
Second:
Assets evaluation must be made by the experts who have
experience in their respective areas and their number should not
be less than three. When such experts give different opinions of
evaluation, their average should be accepted. Moreover, Assets
evaluation must be based on their exact market value.



414
Members:
Muhammad Ibn Jubair
415
‫أﺑﻴﺾ‬
‫‪416‬‬
In the Name of Allah,
Most Gracious, Most Merciful
Reasons of my disagreement on being the distribution of

profit finally in accordance with the assets evaluation are as the
following:
1. Its contradiction with the consensus that the profit is not
necessary except through distribution, and it was mentioned in
the resolution adopted by the Islamic Fiqh Academy, Jeddah:
“The profit would be deserved with appearance, and it would
be possessed with the assets evaluation and it would not be
necessary except with distribution.”
The distribution is not possible to take place except after the
assets evaluation, and the evaluation cannot be done with the
presence of commodities and their evaluation.
2. The final distribution of profit entails injustice either on the
outgoing capital owners or on the remaining capital owners,
when commodities are sold contrary to their evaluation. The
resolution has accepted this injustice and intended to solve it
through realization of equality but how would the equality be
there among thousands of the capital owners?
3. The sources on which the resolution was based, do not apply
in our case, it is only for the permissibility of evaluation, and
this is a matter on which there is no difference.
Signature
Siddeeq Muhammad Ameen Al-Dhareer
26 Shawwal 1422H
10 January 2002
417
‫أﺑﻴﺾ‬
‫‪418‬‬
on Muslim’s Participation in Elections
with Non-Muslims


January 2002) discussed the issue of Muslim’s participation in
elections with non-Muslims.
Five research papers on this issue were submitted to the

Council. Their summeries were presented to the session and they
were followed by thorough discussions, highlighting the
significance of this issue and the pressing need of Muslims living
in non-Muslim countries to know the Shari’ah ruling on the
issue, particularly when their citizenship gives them this election
right. Moreover, the exercise of this right by Muslims is expected
to help them as individuals and groups protect their interests or
defend themselves against any harm.
Through such right, they can participate in the various

activities of their society and contribute in the discussion of laws
that may be legislated or may be able to amend such laws or
minimize their harmful impact. Furthermore, their growing
number in municipal councils, provincial assemblies and national
parliaments may help them exercise their influence in
formulation of domestic and foreign policies of their countries in
a manner that serves their interests and those of their Muslim
brethren.
419
It was evident through the discussions that the evaluation of
such interests needs more study of Muslims’ conditions in those
non-Muslim countries and the extent of their success in achieving
such interests. It is also impotant to take precaution that such
participation in elections will not lead to their assimilation in the
non-Muslim societies and the obliteration of their Islamic
personality, and it is a great danger.
Therefore, the Council decided to postpone a final resolution

on this issue and refer it to the proposed seminar on Muslim
minorities, which the Council has recommended to the Muslim
World League to hold at a later time. The Council will re-
consider this issue in the light of further information available
after the seminar in order to adopt an appropriate resolution in
this regard.



Members:
Muhammad Ibn Jubair
420
421
‫أﺑﻴﺾ‬
‫‪422‬‬
on Medicines Containing
Alcohol and Drugs


January 2002) studied the research papers submitted to it on
medicines containing alcohol and drugs. After the thorough
discussion and deliberation on this issue, keeping in view, the
Shari’ah guidelines to remove hardship and resort to the lesser of
two evils and make use of the fact that necessities validate the
invalid, the Council decided the following:
First:
It is not permissible at all to use the pure wine as medicine,
as Allah’s Messenger Muhammad (peace be upon him) siad:
“Allah did not make your cure in things which he has prohibited
for you.” (Sahih Al-Bukhari)
In other Hadith, the Prophet (peace be upon him) said:

“Verily Allah has created illness and provided medicine for every
illness. So take medicine for cure but do not use the prohibited
things for cure.” (Sunan Abu Dawood)
In another Hadith, when Tariq Ibn Suwaid asked Prophet

Muhammad (peace be upon him) about wine using it in the
medicine, the Prophet said, “This is not a remedy but a malady.”
(Sunan Ibn Majah)
423
Second:
It is permissible to use medicines that contain alcohol with
consumable percentages necessitated by pharmaceutical
production, provided that there is no other alternative and it is
prescribed by a qualified medicl practioner. It is also permissible
to use alcohol as an external antiseptic (for wounds), germs-killer
and as a component in the creams and ointments for external use.
Third:
The Islamic Fiqh Council recommends to pharmaceutical
companies, pharmacists and those who import medicines in the
Muslim countries to make every possible effort to exclude
alcohol from medicines and try to find out other alternatives.
Fourth:
The Islamic Fiqh Council also recommends to the medical
practioners to keep away as much as possible from prescribing
the medicines which contain alcohol.



Members:
Muhammad Ibn Jubair
424
425
‫أﺑﻴﺾ‬
‫‪426‬‬
on DNA and Its Uses


Makkah Mukkarramah between 21-26 Shawwal 1422H (5-10
January 2002) reviewed the definition which the Council
previously approved in its 15th session, stating that: “The DNA is
the genetic structure that proves the identity of each individual
human being. The scientific research and studies show that it is
an accurate means for facilitating the task of forensic medicine
and which can be taken from any (human) cell – like blood,
saliva, semen, urine, etc.”
After studying the report prepared by the committee assigned

by the Council in its 15th session to conduct an extensive field
study about the DNA and reviewing the relevant research papers
prepared by the Fiqh scholars, medical scientists and experts, and
listening to all the related discussions, it was evident that the
DNA results are almost definite in proving or disproving the
relationship of progeny to parents as well as in attribution of a
sample (of blood, semen or urine) found in the venue of an
incident to its owner. It is more powerful than the usual Qiyafah
method (which proves the relation through physical similarities
between the origin and the branch). There is no error in the DNA
itself, but error may take place due to the human effort and the
factors of contamination etc. Therefore the Council decided the
following:
427
First:
From the Shari’ah point of view, there is no objection in
depending on the DNA in the criminal investigation and
considering it as an evidence in crimes which do not involve the
Shari’ah Hadd or Qisas, as Prophet Muhammad (peace be upon
him) said: “Avoid imposing Hudood on the basis of suspicions.”
It, of course, brings justice and security for the society by
punishing the guilty and acquitting the innocent and this is one of
the Islamic Shari’ah’s important objectives.
Second:
Use of DNA in determining the lineage must be done with
utmost care, caution and confidentiality. Therefore it is necessary
to give preference to the Shari’ah guidelines and rulings over the
DNA.
Third:
It is not permitted from the Shari’ah point of view to depend
on the DNA for disproving the lineage or for giving preference to
it over Li’an.
Fourth:
It is not permitted to use the DNA for verification of the
legally established lineage. The concerned authorities must
prevent it and impose severe penalties in case of violations,
because that prevention will protect the people’s honour and
preserve their lineage.
Fifth:
It is permissible to use the DNA in proving the lineage in the
following cases:
a) In cases of dispute over someone whose lineage is unknown,

(in the various forms of dispute mentioned by the Islamic Fiqh
428
scholars) whether this dispute is due to absence of evidence or
equal strength of evidence because of common suspicion.
b) In cases of suspicion about new-born babies in hospitals,

children care centres as well as in cases of suspicion about the
test-tube babies.
c) In case, children are lost or mixed up due to accidents,

disasters or wars, and it is difficult to know their kinship; or in
cases of unknown corpses whose identity can not be known;
or for identity verification of prisoners of war or missing
persons.
Sixth:
It is not permissible to sell the human gene of a group or
individual for any purpose. It is also not permissible to give it as
gift to anybody, because its sale or gift is associated with many
evils.
Seventh:
The Islamic Fiqh Council recommends the following:
a) The State must prohibit the DNA test except on a request from
the judicial authorities provided that it is conducted in the
laboratories of the concerned authorities. The private sector
which aims at profit-making in general must not be permitted
to do such test, because it involves serious risks.
b) Establishment of a special committee for the DNA in every

country, comprising the Shari’ah scholars, medical scientists
and administrative authorities to supervise the DNA tests and
approve their results.
c) Creation of an accurate mechanism to prevent fraud,

contamination and all that is negatively related to the human
429
effort in the DNA laboratories, so that the results represent the
reality. The accuracy of the laboratories must be re-checked to
make sure that the number of genes used in the test is as much
as actually needed in the opinion of specialists in order to
avoid any chance of doubt and suspicion.



Members:
Muhammad Ibn Jubair
430
on Genetic Diagnosis


January 2002) studied the research papers presented by the
medical team to the symposium convened by the Islamic Fiqh
Council and the Centre for Ethics of Medical and Biological
Sciences at King Faisal Specialist Hospital in Riyadh on the
genetic diagnosis and decided the following:
First:
The Centre for Ethics of Medical and Biological Sciences is
asked to prepare a detailed presentation about the issues it wants
the Islamic Fiqh Council to study from the Shari’ah point of
view, and issue resolutions on them.
Second:
The General Secretariat of the Islamic Fiqh Council will
contact the concerned members and experts of the Council for
preparing their studies on this issue and present the outcome to
the Council in the subsquent session.
Secrhgetary-General, Islamic Fiqh Council
431
Members:
Muhammad Ibn Jubair
432
Resolutions of
between 19-23 Shawwal 1424H
(13-17 December 2003)
433
‫أﺑﻴﺾ‬
‫‪434‬‬
Makkah Declaration
on Terrorist Explosions and Threats:
Causes, Consequences, Legal Opinion
and Means of Protection
Praise be to Almighty Allah.

after whom there is no prophet and on all those
The Islamic Fiqh Council of the Muslim World League,

during its 17th session held in Makkah Mukarramah between 19-
23 Shawwal 1424H (13-17 December 2003), discussed the issues
related to terrorist explosions and threats: their causes,
consequences, legal opinion and means of protection. It also
studied the several research papers that pointed to this dangerous
disease and cautioned against its grave consequences, beside
explaining the Shari'ah viewpoint based on the Qur'an and the
Sunnah and rooting out this menace from Muslim societies.
The Council stressed the need to clarify the ruling of Islamic

Shari'ah to both Muslims and non-Muslims, anticipating the
grave consequences of such terrorist acts and destructive
explosions in the Muslim countries in particular and the world
countries in general, because such acts have left behind, a large
number of human casualties, serious tragedies and great loss of
properties and amenities.
While recalling the Makkah Declaration, adopted on

terrorism during its 16th session held in Makkah Mukarramah
between 21-26 Shawwal 1422H (5-10 January 2002) and
clarifying that the Islamic Shari'ah prohibits such acts and
regards their perpetrators as criminals, the Council resolves to
435
issue this declaration as 'Makkah Declaration on Terrorist
Explosions and Threats' as the following:
First:
Since there is no international consensus regarding the
definition of terrorism to determine its meaning and implication,
the Islamic Fiqh Council calls on the scholars and experts of law,
jurisprudence and political science in the world to agree on a
precise definition of terrorism so that justice and security are
ensured and legitimate rights of all the people are protected.
The Council cautions that the meaning of the verse 60 in

chapter 7 of the Holy Qur’an, which calls on Muslims to be
strong so that no enemy dares to commit any aggression against
them or violates their sanctities, is completely different from the
prevailing notion about terrorism.
The Council reaffirms in this regard, the following definition

of terrorism, which was stated in its previous declaration:
"Terrorism is an atrocity committed by individuals, groups or
states against the human being (his religion, life, mind, property
and honour). It includes all forms of intimidation, harming,
threatening and killing without a just cause and all acts of
banditry and violence that take place in the wake of an individual
or collective criminal plan aimed at spreading terror among
people by exposing their life, liberty or security to danger,
including the harm inflicted to the environment or to a public or
private utility, or exposing one of the national or natural
resources to danger". In fact, these are the manifestations of
mischief in the land, which Almighty Allah has prohibited
Muslims to indulge in. (See Qur'an, 28:77)
Second:
The Council is of the opinion that lack of agreement on a
precise definition of terrorism has led to defamation of the
436
definite Shari’ah rulings such as the legitimacy of Jihad as well
as the physical punishment within the framework of Hudood and
Qisas. It also led to defamation of people who defend their
religion, honour, territory and homeland against occupation,
while it is a legitimate right in the heavenly religions as well as in
the international laws.
Third:
The Council condemns the attempts to associate the religion
of Islam with terrorism or to accuse its followers, of extremism
and violence, for Islam is a religion of mercy, love and peace.
(See Qur'an, 21:107, 14:1-2, 3:159, 7:199, 9:128)
Fourth:
The Council observed that the causes of extremism and
terrorism in some Muslim societies are due to the following:
1. Adherence to individual Fatwa leads to confusion and lack of

security in the society.
2. Opposition of religion through mockery with an explicit aim

of keeping it away from the affairs of day-to-day life, while
turning a blind eye to atheists' attitudes towards religion and
its followers.
3. Obstacles in the path of propagation of true religion based on

the Qur’an and the Sunnah in some societies.
4. Social injustice in certain societies as well as the lack of

essential services such as education, health care and
employment. Bad economy, lack of work opportunities and
unemployment cause a lot of suffering to the people and push
them to many unlawful activities.
437
5. Failure to apply the Islamic Shari’ah in predominantly Muslim
societies and adoption of the man-made laws in its place.
6. Lust for domination prompts many adventurers to cause chaos

in the society and destabilize the social security in order to
achieve their evil ends.
Fifth: Consequences of Terrorism

Terrorism is an act of aggression against life, property and
religion, and strikes fear in the hearts of innocent people. It
depicts the religion as if it allows bloodshed and destruction of
properties and as if it rejects the dialogue and does not accept the
solution of problems and disputes through peaceful means.
It also portrays Muslims as blood-thirsty, and as if they

constitute a threat to the world peace and security, cultural values
and human rights. This would produce negative effects on the
basic interests of the Muslim Ummah and its vital role to spread
peace and security as well as the message of Islam that protects
the human rights. It would also undermine the political,
economic, commercial, cultural and social relations of Muslims
with other people as well as it would put the Muslim minorities
into isolation in many countries of the world.
Sixth: Shari’ah Ruling on Terrorist Acts

The Islamic Shari'ah enjoins deterrent punishments against
the persons, who commit the destructive terrorist acts that
include the bombing of housing complexes and other
installations, or hijacking of planes, trains and other means of
transport with the aim of intimidating the innocent people. (See
Qur'an, 4:33)
The Islamic Shari'ah regards such acts among the serious

crimes and cardinal sins, and it considers among their
438
perpetrators, all those who take part in these acts with their
planning, finance, media and other means of support.
Seventh: Means of Protection from Terrorism

1. To take initiative to eliminate the root causes of such crimes
through application of the Islamic Shari'ah in the public life.
2. To highlight the grave consequences of the harm inflicted

through such acts of violence, destruction and sabotage to the
country, nation, society and individuals.
3. To provide purposeful education and awareness by those who

have knowledge and experience and work out practical
programmes in this regard.
4. To define certain religious terms such as Jihad, Darul Harb,

Wali Al-Amr and his rights and duties, as well as the contracts
and covenants.
Finally, the Council prayed to Almighty Allah to protect

Muslims and their generations from every evil.



Members:
439
Dr. Yusuf Ibn Abdullah Al-Qardhawi
440
on Means of Dealing
with Perverted Thought


during its 17th session held between 19-23 Shawwal 1424H (13-
17 December 2003), studied the contents of the speech addressed
by the Custodian of the Two Holy Mosques, King Fahd Ibn
Abdul Aziz to the Muslim scholars, who took part in the session
of the Council. His speech referred to dangers of the intellectual
deviation, due to ignorance of the Islamic rulings by some of the
Muslim youth. The Council after its discussions and deliberations
reached the following conclusions:
1. To consider the speech of the Custodian of the Two Holy

Mosques King Fahd Ibn Abdul Aziz as a document of the
session and to express thank and appreciation of the Islamic
Fiqh Council for his care of activities of the Islamic Fiqh
Council as well as the affairs of Muslims.
2. The intellectual deviation and consequent terrorist acts take

place mostly due to the following reasons:
- Ignorance of the Shari'ah rulings and their exploitation have

led some of the Muslim youth to join the bands of
aggression, crime and mischief in the land.
- Lack of strong relationship between the religious scholars

and the Muslim youth who did not get proper upbringing
441
and education, have made them attracted to extremists and
their perverted thoughts.
- Various ways of deviation from Islam particularly in certain

sections of media, have led many to react in a different way
and resort to the extremist thought. They turn away from
Islam and its teachings of goodwill, love, mutual contact,
co-operation, tolerance and compassion among Muslims.
- The Council observed that the terrorist acts committed by

such people have rather contributed to distortion of Islam’s
image in other societies. This situation has been further
aggravated by efforts of anti-Islam institutions, which
always try to undermine Islam and its followers.
The Islamic Fiqh Council, in pursuance of its desire to meet

the challenge and in response to its members' request from the
MWL Secretary-General to find out practical ways of
confronting it, resolved the following:
1. To urge the Muslim World League (MWL) to speed up the

formation of the Muslim Scholars' Forum as directed by the
Custodian of the Two Holy Mosques in his address to the
Islamic Fiqh Council, and as recommended by the 4th General
Islamic Conference held by the MWL, and to prepare an
appropriate programme of its aims and activities to deal with
the issues and problems of Muslims.
2. To urge the MWL to accelerate the establishment of the

World Commission for Co-ordination among major Islamic
organizations, and to work out its rules and regulations in
accordance with the recommendations adopted by the
Organization of Islamic Conference (OIC).
442
3. To hold an urgent meeting which would be organized by the
Muslim World League and participated by the Fiqh councils
and Islamic research centres as well as scholars and experts of
the Islamic Shari’ah in order to discuss new developments in
the life of Muslims, and to reach the following conclusions:
- To agree on a code of conduct on Fatwa and how to deal

with the individual Fatwa on the issues of the Muslim
Ummah.
- To clarify certain religious terms and definitions as well as

their meanings and implications in order to remove any
misconceptions about them. These terms, which should be
published and distributed among Muslims, are like
Jama'atul Muslimeen, Attaefah Al-Mansoorah, Darul Islam,
Darul Harb, Al-Walaa Wal-Baraa, Al-Jihad, Al-Hiwaar,
Huqooq-Wa-Wajibaat Wali Al-Amr.
- To constitute a preparatory committee in the Muslim World

League, in order to work for preparation of such a meeting
in consultation with other concerned Fiqh councils and
institutions.
4. To hold a number of specialized symposia on the challenges

facing the Muslim countries and minorities.
5. To call upon the Muslim governments to work for application

of the Islamic Shari’ah in their countries.
6. To urge the Islamic information media to adopt the Islamic

approach in their presentations and publications, and keep
away from any thing that causes division among Muslims or
contributes in growth of extremism among the Muslim youth,
and to call for taking up the challenges that face the Muslim
Ummah.
443
7. To call upon the Muslim scholars to strengthen their ties with
the younger generations of the Muslim Ummah in order to
enlighten them on the matters of their religion in a moderate
way.
8. To urge the ministries of education in the Muslim countries to

incorporate in their curricula, the Islamic principles that call
for moderation and keep them away from the deviating
thought and religious extremism.
9. To urge the Fiqh councils and Shari’ah colleges to co-

operate for providing the Muslim youth with adequate
knowledge of the Islamic Fiqh in order to protect them against
the perverted thought and behavioural deviation.
10. To call upon scholars of the Muslim Ummah to conduct

research works and studies which tackle the deviating thought
and religious extremism, and urge the Secretariat-General of
the Muslim World League to contribute towards such
endeavour.
11. To invite the Muslim intellectuals to take part in the media

programmes that deal with the cultural and intellectual
problems of the Muslim youth, especially the programmes of
dialogue that aim at keeping them away from extremism and
deviating thought.


444
Members:
445
‫أﺑﻴﺾ‬
‫‪446‬‬
on Tawarruq Deals by Some Banks


23 Shawwal 1424H (13-17 December 2003), looked into the
issue of Tawarruq as it is presently used by some banks.
Having reviewed and discussed the research papers

submitted on the issue, it appeared to the Council that Tawarruq,
which is currently used by some banks, is described in the
following:
It is one of the banking operations, in which, the bank sells a

commodity, (which is neither gold nor silver) from the world
commodity markets on credit to a client, and then it undertakes
through a condition in the contract or through an understanding
as customary practice, to sell the same commodity on his behalf
to another buyer on cash, and hand over its value amount to that
client.
After thorough discussion and deliberation, the Council

reached the following resolution:
First:
Tawarruq as described above is not permissible, due to the
following factors and reasons:
447
1. The seller's commitment in Tawarruq to sell commodity by
proxy to another buyer or to arrange a buyer, makes the
commodity similar to a deal that is legally prohibited, whether
the commitment is clearly stated in the contract or it is
understood as a customary practice.
2. Such a transaction leads in many cases to a violation of the

legal possession, which is essential for validity of the
transaction.
3. Such a transaction is actually based on provision of finance

with an increase from bank to client in one of its buying and
selling transactions, which in the most cases is formal. The
bank's purpose behind such a transaction is to get extra money
over its finance deal. In fact, such a transaction is different
from the real Tawarruq that is well-known to the
jurisprudence scholars. The Islamic Fiqh Council in its 15th
session has already decided about the legality of this
transaction, because it is a full-fledged transaction and its
conditions are clearly defined.
There are several differences between these two transactions,

which the research papers have explained in detail. The real
Tawarruq is based on real purchase of a commodity on credit,
which is possessed by buyer in the real sense and then he sells it
on cash to another person. The difference of amount here in both
cases; on credit and on cash does not come under the possession
of bank, which went to this transaction to get an increase against
its finance for client through formal transactions in most cases.
These terms are not found in the above-mentioned transactions,
which are used by some banks.
Second:
The Council calls upon all banks to avoid the prohibited
transactions, in compliance with commandment of Almighty
448
Allah. It also appreciates the efforts of the Islamic banks in
protecting the Muslim Ummah from usury, and recommend that
the real and legitimate transactions are carried out without
resorting to the superficial transactions to make them look like
real transactions and provide them with increase that goes to
financer.

(with observation on Second Resolution regarding Tawarruq)


Members:
449
‫أﺑﻴﺾ‬
‫‪450‬‬
on Stem Cells


during its 17th session, held in Makkah Mukarramah between 19-
23 Shawwal 1424H (13-17 December 2003), examined the issue
of the stem cells i.e. original cells from which the embryo is
created, and which have the ability - God willing - to take the
form of various kinds of cells belonging to the human body.
Scientists have been able recently to identify and develop

these cells for the purpose of various medical treatments and
scientific experiments. Hence, it is possible to utilize them for
treatment of several diseases, and it is expected that these
experiments will have great impact on treatment of many
diseases and physical deformities, including the various types of
cancer, diabetes, renal and liver failure etc.
These cells can be taken from the following sources:
1. The embryo in its early stage - the microbe sphere (blastula)

stage, which is the cellular sphere from which the various cells
of the human body are formed. However, surplus inoculums
from the test-tube babies programmes are considered to be the
major source. Moreover, an ovum and spermatozoa donated by
female and male may be deliberately inoculated in order to get
an inoculation and develop it until it reaches the blastula stage,
and then extract the stem cells from it.
451
2. Miscarried foetus during any stage of pregnancy.
3. Placenta or the umbilical cord.
4. Children and adults.
5. Therapeutic cloning i.e. taking a body cell from an adult

human being, extracting its seed in order to insert it in an egg
that is free of its seed in order to reach the blastula stage and
then to get the stem cells.
After listening to the research papers on this issue as well as

to the views of the Council members and experts, the Council
adopted the following resolutions:
First:
It is permissible to obtain, develop and utilize the stem cells
for medical treatment or lawful scientific research, if the source
is also lawful, such as the following:
1. Adults, if they have given permission and they are not

exposed to any harm.
2. Children, if their guardians have given permission for some

legitimate reason, and at the same time, these children are not
exposed to any harm.
3. Placenta and umbilical cord, if the parents have given

permission for that.
4. Miscarried foetus, for some lawful treatment purposes, and

with the parents’ permission. (It may be recalled that the
Islamic Fiqh Council of the Muslim World League, during its
12th session adopted the seventh resolution on the cases in
which abortion is permissible).
452
5. Surplus inoculums from the test-tube babies if available and
donated by the parents on condition it would not be used for
illegal pregnancy.
Second:
It is not permissible to obtain and utilize the stem cells if the
source is unlawful, such as the following:
1. A foetus that was deliberately aborted without any lawful

medical reason.
2. Deliberate inoculation of an ovum and spermatozoa of the

female and male donors.
3. Therapeutic cloning.



Members:
453
454
on Use of Medicine Containing Impure
Substance Derived from Swine and Its
Substitute of Less Benefit like New Heparin


23 Shawwal 1424H (13-17 December 2003), looked into the use
of medicine that contains impure substance derived from swine
and it has a substitute, which has less benefit such as new
Heparin with low molecular weight.
A number of research papers on the issue were presented and

these papers covered the following areas:
1. Heparin is a substance produced by certain cells in the

human body. It is normally extracted from livers, lungs and
intestines of animals, including cow and swine. Heparin with
low molecular weight is made of ordinary Heparin through
different chemical methods. Both types of Heparin are
utilized for treatment of various diseases, like heart disease,
angina pectoris, blood coagulation, etc.
2. Heparin with low molecular weight is extracted from

ordinary heparin through chemical methods that produce
various new components, which are different from ordinary
heparin in their physical and chemical properties and
qualities, which scholars of Fiqh (Islamic jurisprudence)
describe as Istehaalah (transformation).
455
3. Transformation of impurity into another substance that is
different in its properties and qualities, such as
transformation of oil into soap and the like, or consumption
of a substance through manufacturing as well as change of its
essence and qualities is considered as an acceptable method
in the Islamic jurisprudence in order to regard it as a
substance that is pure and can be utilized for various
purposes.
After having detailed discussions on the issue, in the light of

the Muslim scholars’ views as well as the objectives and
requirements of the Islamic Shari’ah, the Council adopted the
following resolutions:
1. New Heparin with low molecular weight could be utilized for

medical treatment, in case, no permissible substitute is
available, or the available substitute may prolong the period of
the medical treatment.
2. It should not be widely used and its use should be limited to

the needed extent. As soon as a pure substitute is available,
use of new heparin would be avoided.
3. The Council calls on the ministers of health in the Muslim

countries to co-ordinate with pharmaceutical firms that
produce heparin and new low molecular weight heparin, to
work for manufacturing them from safe sources such as cows.


456
Members:
457
‫أﺑﻴﺾ‬
‫‪458‬‬
on Hereditary Blood Diseases


23 Shawwal 1424H (13-17 December 2003), examined the issue
of the hereditary blood diseases and legality of imposing the
medical test for marriage.
After having listened to research papers on the issue,

presented by some of the Council members and the concerned
specialists as well as after a detailed discussion on the issue by
the researchers and specialists, the Council adopted the following
resolution:
1. Marriage contract is a contract whose conditions and legal

effects have been laid down by Almighty Allah. Therefore, it
is not permissible to make any addition to what has already
been stated in the Islamic Shari'ah, i.e. making it compulsory
before the marriage and its endorsement in the marriage.
2. The Council recommends that Muslim governments and
institutions should create awareness among the general public
about the importance of medical test before marriage, and
encourage the people for such tests, which should be made
easily available to them and should remain a secret among
those who are directly involved.

459

Members:
460
on Recommendations of
Symposium on Overcrowding
in Hajj and How to Resolve It


23 Shawwal 1424H (13-17 December 2003), examined the final
communiqué and recommendations issued at the end of the
symposium, which was held in Makkah Mukarramah between
25-27 Dhul Qa'dah 1423H (28-30 January 2003) under the theme
of 'The Problem of Overcrowding during Hajj pilgrimage and Its
Solutions in the Light of the Islamic Shari'ah.'
The participants of the symposium expressed their

appreciation for the constant efforts of Saudi Arabia to reduce the
effects of overcrowding during Hajj. They also praised the Saudi
government for providing the services to Hajj pilgrims to enable
them perform the rituals of Hajj with peace, security and comfort
and to solve the problems, which they face during the
performance of their Hajj. The symposium discussed the
following aspects of the problem:
1. To identify the causes of overcrowding during Hajj.
2. To present the practical and technical solutions to tackle the

problem of overcrowding during Hajj and to reduce its effects.
461
3. To guide and educate Hajj pilgrims how to perform the rituals
of Hajj in a proper way.
4. To ensure co-operation among the domestic and external

institutions working for Hajj pilgrimage.
5. To ensure co-operation between the information media and

departments responsible for guiding the pilgrims.
While expressing their happiness over recommendations

adopted by the symposium, the Council members extend their
profound gratitude and appreciation to the Secretariat-General of
the Islamic Fiqh Council, researchers, engineers and technicians,
who took part in the symposium. They express their support to
the final communiqué and recommendations adopted by the
symposium, because they contained the great benefits for
pilgrims as well as various solutions to deal with the problems
faced by them during Hajj.
The Council members also commend the efforts of Saudi

Arabia to insure the comfort of Hajj pilgrims from the days of
King Abdul Aziz to the era of the Custodian of the Two Holy
Mosques, King Fahd Ibn Abdul Aziz Al-Saud. We pray to
Almighty Allah to bless these efforts with success and to guide
our steps to the right path.



462
Members:
463
‫أﺑﻴﺾ‬
‫‪464‬‬
The Seventh Resolution on Book Entitled
'Hieroglyphic Language Explains the Qur'an'


23 Shawwal 1424H (13-17 December 2003) reviewed contents
of the letter (ref. No. m/w 4844/8 dated 14/11/1422H) sent by the
Saudi Minister of Information to the Grand Mufti of Saudi
Arabia, President of the Commission of Senior Scholars, the
Board of Religious Researches, Ifta, and Chairman of the MWL
Islamic Fiqh Council, and which was referred under ref. No.
2809/2 dated 9/3/1423H to the Secretary-General of the Muslim
World League, inquiring about the Shari’ah view on the book
'Hieroglyphic Language Explains the Qur'an' written by Sa'd
Abdul Muttalib Al-Adl, after its presentation to the Islamic Fiqh
Council for review.
The Council also reviewed the above-mentioned book, in

which its author has pretended that openings of the Qur'anic
Surahs (chapters), which start with separate alphabetical letters as
well as certain words used in the Qur'an are not Arabic, and that
they are non-Arabic words taken from the ancient Egyptian
language (Hieroglyphic). He also tried in this book to explain the
meaning of these words through guess in this language.
The Council was also apprised of a report on the issue,

prepared by Member of the Council, Dr. Abdussattar Fathallah
Sa'eed.
465
While condemning such an audacity towards the Book of
Almighty Allah, and being surprised to know that this audacity
was shown by a person, who professes Islam and can reads the
Qur'an in the Arabic language in which it was sent down by
Almighty Allah, the Islamic Fiqh Council strongly emphasizes
that the contents of the book are nothing but sheer fabrications
and hypothetical assumptions, which have no scientific basis.
The author did not adopt a proper scientific methodology to

prove his hypothetical assumptions. On the contrary, he resorted
to guess, estimation and imagination in a place where it is
inevitable to say anything with evidence and proof, as Almighty
Allah says: "They follow nothing but conjecture and what their
own souls desire! Even though there has already come to them
guidance from their Lord!" (Qur'an, 53:23) "But they have no
knowledge therein. They follow nothing but conjecture; and
conjecture avails nothing against truth." (Qur'an, 53:28)
The Council is of the view that what has been stated in this
book is, in fact, a saying against God, and is contrary to the
Qur'an and Sunnah, as well as to the sayings of the Prophet's
companions and commentators of the Qur'an and Sunnah. Allah
says: "We know indeed that they say: "It is a man that teaches
him." The tongue of him they wickedly point to is notably foreign,
while this is Arabic, pure and clear." (Qur'an, 16:103)
"Had We sent this as a Qur'an (in a language) other than

Arabic, they would have said: "Why are not its verses explained
in detail? What! The Book is in foreign language and the Prophet
is an Arab." Say it is a guide and a healing to those who believe;
and for those who believe not, it is like deafness in their ears and
blindness in their eyes. They are (as it were) being called from a
place far distant!" (Qur'an, 41:44)
466
"With it came down the Truthful Spirit to your heart that you
may admonish in the perspicuous Arabic tongue." (Qur'an,
26:193-195)
"So have We made it (the Qur'an) easy in your own tongue

that with it you may give glad tidings to the righteous, and
warnings to people given to contention." (Qur'an, 19:97)
All these texts clearly show that the Qur'an was sent down in
the Arabic language, which is also the language of Prophet
Muhammad (peace be upon him), as Allah says: "We sent not a
messenger except to teach in the language of his own people, in
order to make things clear to them." (Qur'an, 14:4)
The notion derived from what the author has stated in his
book is that some of the Qur'an was sent down in a language,
which neither the Prophet (peace be on him) nor his companions
understood, and which in fact became understandable only after
14 centuries. "Glory is to Allah! This is a most serious slander."
(Qur'an, 24:16)
The commentators of the Glorious Qur'an since the period of

the Prophet's companions are unanimous that these words of the
Qur'an are Arabic. In fact, no statement is found to mean that
these words are not Arabic. No doubt, they had the difference of
opinion on whether these words are among the things whose
meanings are known only to Allah, or these words are among the
things that can be comprehended. They have also explained in
many ways the meaning of these words, however, none of them
has said that these words are not Arabic, as the author of this
book has pretended.
If these words are among the Mutashaabihaat (not clearly

intelligible words or passages), then their meaning - as Imam
Shafe'i and others have said - cannot be determined except
467
through a Hadith, saying of the Prophet's companion or the
consensus of scholars of the Muslim Ummah. Allah says: "And
pursue not that of which you have no knowledge." (Qur'an,
17:36) Prophet Muhammad (peace be on him) has been reported
as saying: "Whoever says anything about the Qur'an without
knowledge, should be sure of having a seat in the Hellfire."
(Tirmidhi through Ibn Abbas)
The Muslim scholars have a unanimous view that the Qur'an

should not be interpreted through mere opinion that has no basis.
Therefore, views expressed by this author, who is neither a
specialist in the Islamic Shari'ah nor an expert of the ancient
Egyptian language, are wrong. He even resorted to change the
texts of the Qur'an through changing their pronunciation in order
to prove his pretension that these words are not Arabic, and to
determine their meaning, which he wants them to be.
The experts of the ancient Egyptian language have described

him as an audacious writer, who employed the wrong words to
serve his own purpose. Moreover, in the wake of his strange
ideas he even showed a disrespect to Allah's Messenger
Muhammad (peace be upon him) when he described him as a
doubtful person, who was moved by his whim. He made similar
expressions in his book in several places, which show his
disrespect for our Prophet (peace be on him).
The Islamic Fiqh Council calls upon the author to sincerely

repent and absolve himself from his wrong views and writings.
The Council also cautions that it is not permissible for any
Muslim individual, group or institution to adopt this book or
sponsor it through publication or any other means.

468

Members:
469
‫أﺑﻴﺾ‬
‫‪470‬‬
on Income Tax


during its 17th session, which was held in Makkah Mukarramah
between 19-23 Shawwal 1424H (13- 17 December 2003), looked
into the issue of income tax (obligatory amount of money
imposed by the state on the income of its capable citizens who
live under its domain, not in lieu of services they avail of but in
order to provide the benefits of general nature).
After having a look at the research papers submitted to the

Council on the issue, the Islamic Fiqh Council was of the view
that the concerned issue has several aspects that need more
research and further study of the issue, hence, it decided not to
adopt any resolution on the issue at this stage.



Members:
471
472
Resolutions of
the Islamic Fiqh Council during
Its 18th Session between
10-14/3/1427H
(8-12/4/2006)
473
‫أﺑﻴﺾ‬
‫‪474‬‬
on Sideline Trading
All Praise be to Almighty Allah.


14/3/1427H (8-12/4/2006 looked into the matter of (partially paid
trading), which means that the purchaser (client) paid a small part
of the value of what he desires to purchase, and that is called
(sideline), and the intermediary (bank or another party) pays the
rest as a loan, provided that purchase contracts would remain
with the intermediary as a mortgage against the loan amount.
After listening to the research papers presented on the issue

followed by thorough discussions, the Council was of the view
that such transaction includes the following:
1. Trading (selling and purchasing with purpose of profit):

Such kind of trading normally takes place in main currencies,
shares, stocks and securities as well as in certain commodities.
It may include the optional contracts, the future contracts and
trading in the major financial market indicators.
2. Loan: The amount which is provided to the client directly by

the intermediary, if it is a bank, or through another party in
case, the intermediary is not a bank.
3. Riba (usury): It takes place in this transaction through

(overnight fees) which are considered to be an interest
stipulated on investor when he does not conclude the deal on
475
the same day, and it may be a percentage of the loan or a fixed
amount.
4. Brokerage: It is the amount that the intermediary receives as

a result of the investor (client)’s trading through him, and it is
a percentage agreed upon from the value of sale or purchase.
5. Mortgage: It is the commitment that the client has made

under his signature by keeping the trading contracts with the
intermediary as a mortgage against the loan amount and by
giving him the right to sell these contracts and recover the
loan if the client's loss reached a particular percentage of the
marginal amount so long as the client does not increase the
mortgage to the extent that makes up the fall in commodity
price.
The Islamic Fiqh Council is of the view that such a

transaction is not permissible in the Islamic Shari’ah for the
following reasons:
First:
As this transaction is associated with clear-cut usury that is
an increase in the amount of loan which is called ‘overnight fees’
a usury prohibited in Islam, as Almighty Allah says: “O you who
believe! Fear Allah, and give up what remains of your demand
for usury if you are indeed believers. If you do it not, take notice
of war from Allah and His Messenger: But if you repent, you
shall have your capital sums: Deal not unjustly and you shall not
be dealt with unjustly.” (Qur'an, 2:278-279)
Second:
The intermediary’s stipulation for the client that trading
would be through him leads to combination of credit with
commission (brokerage) which means the combination of credit
and sale that is prohibited in the Islamic Shari’ah in the light of
476
Hadith in which Prophet Muhammad (peace be upon him) said
that combination of credit and sale is not permissible. This
Hadith was reported by Abu Dawood (3/382) and Tirmizi
(3/526).
It is obvious that intermediary in this way has received

benefit from his loan. There is consensus among the Fiqh
scholars that any loan that brings in benefit is considered to be
usury which is prohibited in Islam.
Third:
Trading that takes place in such cases in the international
markets mostly includes many of the contracts which are
prohibited in the Islamic Shari’ah such as the following:
1. Trading in stocks includes a kind of usury that is prohibited in

Islam. The Resolution No. 60 of the Islamic Fiqh Academy at
the Organization of Islamic Conference in Jeddah which was
adopted during its sixth session has clearly explained it.
2. Trading in shares of companies without any distinction. The

Fourth Resolution of the Islamic Fiqh Council at the Muslim
World League in Makkah Mukarramah which was adopted
during its 14th session in 1415H, laid down that trading in
shares of companies whose main purpose is unlawful or some
of their transactions are involved in usury are prohibited.
3. Sale and purchase of currencies mostly take place without

their legal possession.
4. Trading in the optional and future contracts. The Resolution

No. 63 of the Islamic Fiqh academy at the Organization of
Islamic Conference (OIC) in Jeddah which was adopted
during its sixth session stipulates that optional contracts are
not permissible in the Islamic Shari’ah, because the thing
477
upon which contract has been made is neither money nor
benefit nor the financial right that may be substituted. The
same applies to the future contracts as well as to those
contracts which are based on the market indicators.
5. The intermediary sells in certain cases what he doesn't own;

and sale of the thing which he does not own is prohibited in
the Islamic Shari’ah.
Fourth:
This kind of transaction has certain economic harms to the
parties involved in the deal, especially the client (investor) as
well as economy of the society as a whole, as it is based on
expansion of debts and on adventures, which in most cases,
involve deception, misleading, rumour, monopoly, rapid and
strong upheaval of prices, with the purpose of getting rich and
devouring others’ savings through illegitimate means.
Such practices are considered to be eating other’s money

through unlawful means. This way, money is diverted from real
and fruitful economic activities to these adventures which are not
fruitful economically. They may even lead to serious economic
upheavals that will cause the society huge losses and damages.
The Islamic Fiqh Council recommends the financial

institutions to follow the lawful means of finance which are
devoid of usury or any thing that is suspected to be usury, and do
not cause the harmful economic effects to the clients or to the
economy in general.
Blessing and peace be on our Prophet Muhammad

and all those who followed his way of guidance.

478

Members:
Dr. Ahmad Ibn Abdullah Ibn Humaid
Dr. Ahmad Ibn Ali Seir Al-Mubaraki
Dr. Hussain Hamid Hassan
Khaleel Abdul Kareem Konanj
Abdullah Ibn Suleman Al-Manee
Dr. Abdullah Ibn Ali Al-Rakban
Dr. Othman Ibn Ibrahim Al-Murshid
Dr. Ojail Jasim Al-Nashmi
Dr. Ali Ahmad Al-Saloos
Dr. Fadhl Al-Rahman Deen Muhammad
479
‫أﺑﻴﺾ‬
‫‪480‬‬
The Second Resolution on Selling the Card
that Gives Its Buyer Discounts in Prices of
Commodities and Services Provided
by Other Than Those Who Issued It


14/3/1427H, corresponding to 8-12/4/2006 studied the letter of
Chairman of the Charitable Association for Memorization of the
Holy Qur'an in Jeddah which contained the Association's desire
to issue cards produced by a marketing establishment, which
would also market and sell these cards for a sum that would be
divided by the Association and the establishment after an
agreement is made between the Association and a number of
supermarkets to give the cardholder a discount in the price of
commodities owned by these supermarkets.
After listening to the research papers on this issue followed

by thorough discussions, the Council adopted the following
resolution:
First:
It is not permissible to issue or purchase such discount cards
if they are in exchange for a fixed price or an annual
subscription, as there is an element of deception. Purchaser of the
card pays money but he doesn't know what he will gain in return
for it. Hence there is an obvious harm in exchange for a possible
advantage. Prophet Muhammad (peace be upon him) had
481
forbidden the sale of deception as it has been mentioned in
Hadith reported by Imam Muslim in his Sahih.
Second:
If the discount cards are issued free of charge, then, its
issuance is permissible in the Islamic Shari'ah, for it is considered
to be a promise of donation or gift.


Members:
482
on Abrogation of Debt into Debt


14/3/1427H, corresponding to 8-12/4/2006 studied the issue of
abrogation of debt into debt.
After reviewing the Council's Resolution on the issue of

credit Sale adopted during its 16th session held in Makkah
Mukarramah between 21-26/10/1422H corresponding to 5-
10/1/2002 which reads as follows:
Second:
Non-permissible forms of credit sale include the following:
a) Offering the credit sale to the debtor at a deferred price
which is more than the credit itself. It constitutes a kind of
Riba (usury) which is prohibited according to Shari’ah
(Islamic Law), and is described as ‘debt scheduling'

followed by thorough discussions and deliberations on certain
ways and forms which were mentioned in the research papers
regarding the issue of abrogation of debt into debt or what some
scholars call 'reversing of debt' the Council adopted the following
resolution:
The abrogation of debt into debt, which is prohibited in the

Islamic Shari'ah, is a process that leads to increase of debt on the
483
debtor against the increase in the time period or it is a source of
increase and includes the following forms:
1. The abrogation of debt into debt through a transaction

between creditor and debtor that creates a new credit for the
debtor in order to settle the first debt fully or partially. One of
its examples is the debtor's purchase of a commodity from the
creditor at a deferred price, then, he sells it at a current price
in order to settle the first debt fully or partially.
Such a deal is not permissible so long as new debt for the
settlement of first debt is with a condition, customary practice,
secret understanding or regular procedure, whether the debtor
is in good or bad financial position, and whether the first debt
was at the current price or at the deferred price however, its
settlement is precipitated through the new debt, and whether
creditor and debtor agreed on it in the first debt contract or it
was agreed after the contract, and whether it took place at the
request of creditor or debtor.
This prohibition will also apply if such a deal was arranged

between the debtor and a party other than the creditor,
however through an arrangement by the creditor himself or a
guarantee from him to the debtor for the settlement of his
debt.
2. The deal by which the debtor sells to the creditor on credit, a

commodity described in the debt obligation, however, it does
not belong to the same kind of commodity against the debt
that he owes. If the commodity is from the same kind, then
prohibition is applicable more.
3. The deal by which a creditor sells his current or deferred debt
for tangible benefits described in the debt obligation.
However, if selling of debt for certain specific benefits, then it
is considered permissible.
484
4. The deal by which the creditor sells Salam debt upon or
before maturity to the debtor for a deferred debt whether in
cash or kind. If the substitute is received and possessed during
the contract session, it is permissible. However, it is
prohibited to make Salam debt a new Salam capital.
5. The deal by which the creditor sells through Salam contract a

commodity to the debtor – other party of Salam contract – a
commodity similar to his commodity as a Morabahah deal at
a price higher than that of Salam commodity, provided that he
gives him the commodity which he has sold to him for
settlement of Salam debt.




Members:
485
486
on Extent of Woman’s Right to Terminate
Marriage Contract by Khula


14/3/1427H, corresponding to 8-12/4/2006 looked into the extent
of woman's right to terminate the marriage contract by Khula.
After listening to the research papers submitted on the issue

followed by thorough discussions, the Council adopted the
following resolution:
First:
Khula (the wife's recourse to seek the termination of her
marriage with recompense) is lawful. It is desirable as well on the
part of husband to respond to such request of the wife if it was
found that there are reasons behind this request such as the
husband's injustice, his negligence in discharging his marital
duties as laid down by the Islamic Shari'ah, the wife's dislike to
stay with him or her fear of inability to fulfil his rights.
Second:
It is obligatory for the couple (husband and wife) to treat
each other with good manners and maintain the good marital
relationship. Almighty Allah says: "…Live with them on a footing
of kindness and equity. If you take a dislike to them, it may be
that you dislike a thing and Allah brings about through it a great
deal of good." (Qur'an, 4:19)
487
It is not permissible in the Islamic Shari'ah that the wife
demands divorce without any reason. Prophet Muahmmad (peace
be upon him) has said that any woman who asked her husband to
divorce her without any reason, she would be prohibited even
from enjoying the scent of Paradise. This Hadith was reported by
Abu Dawood and Ibn Majah.
Third:
It is prohibited for the husband to exploit his wife, so that she
forsakes what she possesses to save herself from him, as
Almighty Allah says: “Nor should you treat them (women) with
harshness that you may take away part of the dower you have
given them, except where they have been guilty of open
lewdness.” (Qur'an, 4:19)
In this case, it is permissible for the wife to demand Khula
from the husband.
Fourth:
It is the woman’s right to demand Khula from her husband
who no longer remained a good husband for her according to the
Islamic Shari’ah, such as the case in which he divorced her three
times and then denies it as there are no witnesses, or the case in
which he said or did something that makes him disbeliever and
the wife is unable to prove it before Qadhi (Muslim judge).
Fifth:
Qadhi will not force the husband for separation from the wife
and accept the compensation merely after the wife’s demand for
Khula, instead he will try for reconciliation between them and
sends two arbitrators to resolve the dispute. If the arbitrators
failed in the couple’s reconciliation and it became apparent for
Qadhi that there is clear-cut justification for Khula, then he will
order the husband to separate from the wife. If he declined,
488
Qadhi would separate between the couple with or without
compensation according to what he deemed to be appropriate.
Sixthly:
When Khula which is a clear separation, takes place, the
husband has no right to return to her as per the first marriage
contract, and she will have consequently to observe Iddah (a
prescribed period after divorce).




Members:
489
490
on Modern Marriage Contracts


14/3/1427H (8-12/4/2006), looked into the modern marriage
contracts.

followed by thorough discussions, the Council adopted the
following resolution:
The Islamic Fiqh Council hereby confirms that modern

marriage contracts, though they may vary in their names,
descriptions and formalities, must be subject to the prescribed
rules and regulations of the Islamic Shari’ah, such as the
fulfillment of their basic elements and conditions, as well as the
non-existence of those things which contradict them.
In the present time, people have brought out certain contracts

which have the following rulings:
1. A marriage contract in which the wife gives up her right fully

or partially to housing, maintenance and sharing, and agrees
that her husband would come to her house at any convenient
time during the day or night.
Or a marriage contract under which the wife would continue to

stay in the house of her kin, and the couple would meet
491
whenever they so desired, in the house of her kin or
elsewhere, as there is no housing or livelihood for them.
The above-mentioned contracts as well as other similar

marriage contracts are valid so long as they have the basic
elements and conditions of marriage and there is nothing that
contradicts those basic elements and conditions prescribed by
the Islamic Shari’ah. However, such contracts will not be the
preferred marriage contracts
2. A marriage contract that is time-bound to child birth: It is a

contract that has the basic elements and conditions, however,
one of the parties stipulates in the contract that in case, there is
a child birth, the marriage will end or the husband will divorce
the wife.
This marriage contract is invalid, due to the sense of Mut’ah in

it, as fixing of certain time period such as one month, or an
unspecified period, such as birth of a child makes it a Mut’ah
contract, which is totally prohibited.
3. A contract of marriage with the intention of divorce: This is a

kind of marriage that seems to have the basic elements and
conditions, however the husband has a hidden intention to
divorce the wife after certain period, such as ten days or an
unspecified period such as the completion of his studies or the
accomplishment of his objective for which he has come to this
place.
Though a section of Fiqh scholars have allowed this type of

marriage, however, the Islamic Fiqh Council is of the view
that it is not allowed, because it is based on deception and
fraud, because if the woman or her guardian had the
knowledge of such intention, they would not have accepted
this contract, and also because such marriage contracts lead to
492
great disorder and serious damage to the general reputation of
Muslims.




Members:
493
‫أﺑﻴﺾ‬
‫‪494‬‬
on Choosing the Gender of Foetus


14/3/1427H (8-12/4/2006), looked into the issue of choosing the
gender of foetus, which, according to the experts of genetic
sciences is a process in which a pair of chromosomes meets in
accordance with a certain arrangement that results in the birth of
a male or female child.

followed by thorough discussions, the Council decided to
postpone the adoption of any resolution in order to give more
time for study and submit the finding in the next session.




495
Members:
496
Statement on Denigration of Prophet
Muhammad (peace be upon him)
in Some European Newspapers and Magazines

Blessing and peace be on His Prophet Muhammad and
on all those who followed his way of guidance.

Makkah Mukarramah between 10-14 Rabi Al-Awwal 1427H (8-
12 April 2006), reviewed with deep indignation and agony, the
audacity of the Danish newspaper Jyllands Posten and its
repetition by some other European and world media in
publication of offensive caricatures depicting Prophet
Muhammad (peace be upon him). The caricatures, accompanied
by satirical comments aimed at offending the Last of all
Prophets, who is a mercy to all mankind. Motivated by deep
hatred against this great religion, they tried to undermine the
dignity of Prophet Muhammad (peace be upon him) and distort
his noble teachings.
Hence, they caused Muslims’ outrage all over the world.

Their feelings were hurt due to denigration to the person, for
whom they are ready to sacrifice their lives and properties.
Muslims’ religious sanctities were offended in violation of all the
international conventions and human values that prohibit such
disgraceful acts and reject them at all.
While denouncing this disgraceful offence and criminal act

which aims at insulting the Prophet of humanity (peace be upon
him) and his great religion, the Islamic Fiqh Council strongly
condemns this and demands those who have committed this act
as well as those who helped them through publication and
expression of solidarity to them and also through causing a
497
serious crisis between their countries and the Muslim world to
announce the retraction of their acts and to apologize the Muslim
Ummah for their evil deeds.
The Council also appeals to individuals, groups, institutions,

forums and governments to stand united and shoulder their
responsibilities as much as possible to deter such transgressions
and prevent those who perpetrate such acts.
This kind of denigration to the noble Prophet (peace be upon

him) is a part of the sinister and systematic campaign that the
enemies of Islam are waging against our religion. Therefore, it is
the duty of Muslim Ummah to be vigilant and ready to take all
protective measures jointly against such campaigns. The Muslim
scholars and preachers must exert their utmost efforts to caution
the Believers against the dangers of such ferocious campaigns.
The Muslim Ummah must mobilize its potentials and use all
possible means of pressure at the levels of governments and
peoples to hold back the perpetrators and deter those who might
think of offending the sanctities of Muslim Ummah and
undermine its values.
In this respect, it is inevitable to work for adoption of an

international charter that prohibits any offence directed against
the Prophets and Messengers of Almighty God. Such a charter
must also lay down necessary measures to safeguard the dignity
of Prophets and punish those who commit such crimes, as well as
to ensure that freedom of expression must not be allowed to
offend others.
The Council, while calling for all of this, would like to

emphasize that all the means and methods of pressure for this
should be under the guidelines of the Islamic Shari’ah and its
moral values, as Almighty Allah says: “Let not the hatred of a
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certain people prevent you from being just. Be just, for it is neigh
to piety.” (Qur’an, 00:00)
Finally, the Council lauds those individuals, groups,

institutions, forums and governments for their enthusiasm in
statements and efforts which they made in the support of their
God and His Prophet. It also commends the Muslim World
League for its efforts, statements and activities in this regard.
The Council calls upon the Muslim World League to

coordinate the Islamic efforts and make the necessary contacts
with the concerned authorities and parties in this regard. It
commends all the countries, governments, organizations and
institutions in different parts of the world that stood by the
Muslim Ummah in denouncing this disgraceful act.
May Almighty Allah relieve the Ummah, of such crises and

bless it with His guidance and support.




Members:
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Statement
on the Book fraudulently Entitled
Al-Furqan Al-Haq

Blessing and peace be on His Prophet Muhammad and
on all those who followed his way of guidance.

Makkah Mukarramah between 10-14 Rabi Al-Awwal 1427H (8-
12 April 2006), reviewed the media reports which stated that a
group in the US State of Texas has written a book which they
have deceitfully named Al-Furqan Al-Haq' and which they want
to be an alternative to the Holy Qur'an
Through this horrible act, the group has tried to offend the
religion of Islam by distorting the Holy Qur'an. They have
written it in a way that certain chapters and verses have been
placed forward and backward, and the Holy Book has been
exposed to omission, addition, replacement and alteration.
The group has played and tampered with the Book of

Almighty God who sent it down to His Last Prophet as His Final
Message for the benefit of all creatures. This book is the basis of
Muslims’ religion as well as the foundation of their faith. It is
considered to be the most revered book in the sight of every male
and female members of the Muslim society whether they are
elites or commoners. This malicious group could not be deterred
from committing this sinister act neither by any human
conscience nor by the respect of international law and
convention, which call for the respect of religions and prohibit
the undermining of other peoples and nations’ sanctities.
501
This evil act which is prohibited by all canons and laws is not
the first distortion and falsification made by the enemies of God
against the Divine Books and the most prominently the Holy
Qur'an
Playing with the Book of Allah is a mischievous act and a

serious crime. It is a slander as well against Almighty Allah and a
mockery of His verses. In deed, such acts constitute the most
serious wrongdoing, as Almighty Allah says: “Who does greater
wrong than one who forges falsehood against Allah, even as he is
being invited to Islam? And Allah guides not those who do
wrong.” (Qur'an, 61:7)
This offence against the Book of Allah through distortion and

falsification is in fact, a desire to turn Muslims away from their
religion and faith. It is also an attempt to divide their ranks,
dismantle their societies, exploit their natural resources and sow
the seeds of dissension between them.
This malicious act aimed at destroying the Muslim Ummah

by targeting one of the most important constituents of its
existence that is its religion. Almighty Allah says: “They but
wish that you should reject faith, as they do, and thus be on the
same footing as they…” (Qur'an, 4:89) He also says: “Quite a
number of the people of the Book wish they could turn you people
back to infidelity after you have believed, from selfish envy, after
the truth has become manifest unto them…” (Qur'an, 2:109)
The Islamic Fiqh Council assures Muslims that Almighty

Allah is well capable of frustrating the plot of these malevolent
enemies, because the Holy Qur'an is Almighty Allah's everlasting
miracle, which He has presented as a testimony for all creatures,
as He says: “Say: "If all the human beings and Jinns were to
gather together to produce the like of this Qur'an, they could not
502
produce the like thereof, even if they backed up each other."
(Qur'an, 17:88)
Almighty Allah has undertaken to safeguard His Book, as He

says: “We have without doubt, sent down the message and We
will assuredly guard it (from corruption).” (Qur'an, 15:9) No
human attempt can ever put off its glaring light, and every such
attempt will end exposed and frustrated by the Will of Almighty
Allah, as many such attempts have failed in the past. Almighty
Allah says: “Their intention is to extinguish God's light (by
blowing) with their mouths: But God will complete (the
revelation of) His light, even though the Unbelievers may detest
it.” (Qur'an, 61:8) Hence, there is great difference between the
word of Almighty Allah and the human saying. There no
comparison between the two at all.
Of course, Muslims are more aware and acquainted with the

Holy Qur'an, than what is thought to be that it might be replaced
by any human saying, as Almighty Allah says about those who
spread mischief in the land: “There is among them a section of
people who distort the Book with their tongues; (as they read)
you would think it is a part of the Book, but it is not a part of the
Book; and they say, "That is from God” But it is not from God: It
is they who tell a lie against God, and (well) they know it.”
(Qur'an, 3:78)
It is one of the means of safeguarding the Holy Qur’an that

Allah has facilitated and made it easy to recite and memorize the
Holy Qur'an, as He says: “And We have indeed made the Qur'an
easy to understand and remember. Then is there any that will
receive admonition?” (Qur'an, 54:17) Therefore, the Qur’an is
preserved in the hearts of Muslims. The earlier attempts of
distorting the Qur’an were by alteration of some characters or
words. Nevertheless, Muslims were quickly alerted and they
were able to easily detect any such distortion.
503
So how it is possible when there is the case of complete
distortion of the Holy Qur’an? Almighty Allah says: “…They
(Unbelievers) plot and plan and Allah too plans, but the best of
planners is Allah.” (Qur'an, 8:30) He also says: “As for them,
they are but plotting a scheme and I am planning a scheme.”
(Qur’an, 86:15-16)
Those who had the audacity to tamper with the Book of

Almighty Allah would face disgrace in this world and
punishment in the hereafter, because whoever waged a war
against Allah and His Messenger would no doubt be defeated.
Almighty Allah says: “Those who oppose (the commands of)
Allah and His Messenger will be among the most humiliated.
Allah has decreed: it is I and My Messengers who must prevail,
for Allah is strong and mighty.” (Qur'an, 58:21)
There is no doubt that their futile attempts are going to face

the total loss, as the Qur’an states: “The Unbelievers spend their
wealth to hinder (men) from the path of Allah and so will they
continue to spend, but in the end they will have (only) regrets and
sighs; At length they will be overcome, and the Unbelievers will
be gathered together to Hell.” (Qur'an, 8:36)
The Islamic Fiqh Council which is meeting in the most

sacred place on the earth, Makkah Mukarramah strongly
condemns the ferocious onslaught that is going on against the
Muslim Ummah with the aim of undermining its religion,
Prophet, culture and values as well as its very existence. This
onslaught which is unprecedented in its depth and velocity must
be confronted by all Muslim governments, organizations,
scholars, community leaders and other individuals through
condemnation as well as certain positive action that deters such
wrongdoers.
504
The Council also urges the media which objectively looks for
truth, to play its effective role in warning against this book and
not to entertain it, The Council also urges the leaders of Muslim
countries to ban the entry of this book into their countries as well
as its presentation in the book showrooms and exhibitions, as it is
offensive to all Muslims.
The Council calls for the wide-spread circulation of the Holy

Qur’an so that it is easy for Muslims to get it and no one is
deceived by the fake book. It also calls for publication of the
authentic and reliable translations of the Qur’an’s meanings into
various languages of the world, because when truth is absent, evil
is spread.
We pray to Almighty Allah to safeguard His religion and

frustrate the plot of enemies.




Members:
505
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Muslim World League Fatwa On The Jihad in Afghanistan

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Resolutions

of the Islamic Fiqh Council

All praise be to Almighty Allah.

The Islamic Fiqh Council of the Muslim World League

Since the necessities which call for the post-mortem

a) To investigate a criminal case in order to know the causes of

b) To confirm a disease that requires post-mortem examination

a) If the dead body belongs to a known person, it is stipulated

b) The post-mortem examination must be confined to the extent

c) The post-mortem examination of female dead bodies must not

Chairman, Islamic Fiqh Council

Deputy Chairman, Islamic Fiqh Council

Note: The following members could not attend the session:

Dr. Yusuf Abdullah Al-Qardhawi

All praise be to Almighty Allah.

The Islamic Fiqh Council of the Muslim World League

The Council examined the views and medical studies

After discussion and deliberation on the issue from all its

The life-support instruments which have been installed upon

Deputy Chairman, Islamic Fiqh Council

Note: The following members could not attend the session:

Dr. Yusuf Abdullah Al-Qardhawi

All praise be to Almighty Allah.

The Islamic Fiqh Council of the Muslim World League

After having a discussion on these issues from various

This action is forbidden in Islam, as Almighty Allah says:

Therefore, scholars of the Islamic Fiqh have stated that if a

On this basis, the Council decides that boxing must not be

Second: Free-Style Wrestling

Third: Bull Fighting

Fourth: Instigation of Animals

Chairman, Islamic Fiqh Council

Deputy Chairman, Islamic Fiqh Council

Note: The following members could not attend the session:

Dr. Yusuf Abdullah Al-Qardhawi

All praise be to Almighty Allah.

The Islamic Fiqh Council of the Muslim World League

Chairman, Islamic Fiqh Council

Deputy Chairman, Islamic Fiqh Council

Dr. Yusuf Abdullah Al-Qardhawi

All praise be to Almighty Allah.

The Islamic Fiqh Council of the Muslim World League

The Council strongly disapproves this research paper:

The Council appeals to those who want to write about the

Deputy Chairman, Islamic Fiqh Council

Note: The following members could not attend the session:

Dr. Yusuf Abdullah Al-Qardhawi

All praise be to Almighty Allah.

The Islamic Fiqh Council of the Muslim World League

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

After discussion and exchange of views on the questions, the

1. Regarding the first question, the Council decided that if the

Those who work for it would be paid according to their

As it is mentioned earlier, it is necessary for those who are

It should be fixed by the management boards of Muslim

Chairman, Islamic Fiqh Council

Deputy Chairman, Islamic Fiqh Council

Note: The following members could not attend the session:

Dr. Yusuf Abdullah Al-Qardhawi

All praise be to Almighty Allah.

The Islamic Fiqh Council of the Muslim World League

1. These payments should be commesurate to the extent of work