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The First Resolution on the Muslims’ Use of Genetic Engineering All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad, after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council during its 15th session held in 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 decided the following: 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: 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: 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 Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman of the Islamic Fiqh Council Dr. Abdullah Ibn Saleh Al-Obaid Members: Muhammad Ibn Jubair Abdullah Abdurrahman Al-Bassam Abdurrahman Hamzah Al-Marzooqi Dr. Bakr Abdullah Abu Zaid Mustafa Ahmad Al-Zarqa Dr. Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Dr. Muhammd Rasheed Al-Qabbani Muhammad Salem Abdul Wadood Dr. Muhammad Habeeb Ibn Al-Khojah Mabrook Masood Al-Awaadi Dr. Ahmad Fahmi Abu Sinnah Abul Hasan Ali Al-Nadwi The Second Resolution on Use of DNA All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad, after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council during its 15th session held in 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 decided the following: First: A committee of the following members: 1. Dr. Ali Mohyuddeen Al-Qarrahdaghi 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. Chairman of the Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman of the Islamic Fiqh Council Dr. Abdullah Ibn Saleh Al-Obaid Members: Muhammad Ibn Jubair Abdullah Abdurrahman Al-Bassam Abdurrahman Hamzah Al-Marzooqi Dr. Bakr Abdullah Abu Zaid Mustafa Ahmad Al-Zarqa Dr. Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Dr. Muhammd Rasheed Al-Qabbani Muhammad Salem Abdul Wadood Dr. Muhammad Habeeb Ibn Al-Khojah Mabrook Masood Al-Awaadi Dr. Ahmad Fahmi Abu Sinnah Abul Hasan Ali Al-Nadwi The Third Resolution on Muslims’ Use of Animal Bones and Skins in Manufacturing Gelatin All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad, after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council during its 15th session held in Makkah Mukarramah between 11-14 Rajab 1419H (31 October – 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). Chairman of the Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman of the Islamic Fiqh Council Dr. Abdullah Ibn Saleh Al-Obaid Members: Muhammad Ibn Jubair Abdullah Abdurrahman Al-Bassam Abdurrahman Hamzah Al-Marzooqi Dr. Bakr Abdullah Abu Zaid Mustafa Ahmad Al-Zarqa Dr. Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Dr. Muhammd Rasheed Al-Qabbani Muhammad Salem Abdul Wadood Dr. Muhammad Habeeb Ibn Al-Khojah Mabrook Masood Al-Awaadi Dr. Ahmad Fahmi Abu Sinnah Abul Hasan Ali Al-Nadwi The Fourth Resolution on Credit Sale All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad, after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council during its 15th session held in Makkah Mukarramah between 11-15 Rajab 1419H (31 October – 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. 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. Chairman of the Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman of the Islamic Fiqh Council Dr. Abdullah Ibn Saleh Al-Obaid Members: Muhammad Ibn Jubair Abdullah Abdurrahman Al-Bassam Abdurrahman Hamzah Al-Marzooqi Dr. Bakr Abdullah Abu Zaid Mustafa Ahmad Al-Zarqa Dr. Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Dr. Muhammd Rasheed Al-Qabbani Muhammad Salem Abdul Wadood Dr. Muhammad Habeeb Ibn Al-Khojah Mabrook Masood Al-Awaadi Dr. Ahmad Fahmi Abu Sinnah Abul Hasan Ali Al-Nadwi The Fifth Resolution on Tawarruq Sale All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad, after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council during it 15th session held in Makkah Mukarramah between 11-15 Rajab 1419H (31 October – 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 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. Chairman of the Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman of the Islamic Fiqh Council Dr. Abdullah Ibn Saleh Al-Obaid Members: Muhammad Ibn Jubair Abdullah Abdurrahman Al-Bassam Abdurrahman Hamzah Al-Marzooqi Dr. Bakr Abdullah Abu Zaid Mustafa Ahmad Al-Zarqa Dr. Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Dr. Muhammd Rasheed Al-Qabbani Muhammad Salem Abdul Wadood Dr. Muhammad Habeeb Ibn Al-Khojah Mabrook Masood Al-Awaadi Dr. Ahmad Fahmi Abu Sinnah Abul Hasan Ali Al-Nadwi The Sixth Resolution on Investment of Zakah Revenues All praise be to Almighty Allah. Blessing and peace be on His Prophet Muhammad, after whom there is no prophet, and on all those who followed his way of guidance. The Islamic Fiqh Council during its 15th session held in 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. Chairman of the Islamic Fiqh Council Abdul Aziz Ibn Abdullah Ibn Baz Deputy Chairman of the Islamic Fiqh Council Dr. Abdullah Ibn Saleh Al-Obaid Members: Muhammad Ibn Jubair Abdullah Abdurrahman Al-Bassam Abdurrahman Hamzah Al-Marzooqi Dr. Bakr Abdullah Abu Zaid Mustafa Ahmad Al-Zarqa Dr. Saleh Ibn Fauzan Al-Fauzan Muhammad Ibn Abdullah Al-Subayil Dr. Muhammd Rasheed Al-Qabbani Muhammad Salem Abdul Wadood Dr. Muhammad Habeeb Ibn Al-Khojah Mabrook Masood Al-Awaadi Dr. Ahmad Fahmi Abu Sinnah Abul Hasan Ali Al-Nadwi

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