Final statements

The 10th Ordinary Session held at ECFR Headquarters in Dublin

 

  

European Council for Fatwa and Research

Final Statement

The 10th Ordinary Session

held at ECFR Headquarters in Dublin

 

during the period

19-26 of Dhul Qi’dah, 1423 AH.

22-26 of January, 2003 AD. 

 

European Council for Fatwa and Research

In the Name of Allah, Most Gracious, Most Merciful

Praise be to Allah, the Lord of the Worlds, and peace be upon our Messenger Muhammad and on all his family and his Companions.

With the Blessings and Grace of Allah Almighty the 10th Ordinary Session of the European Council for Fatwa and Research (ECFR) was held at its Headquarters in the Islamic Cultural Center in  Dublin, Republic of Ireland, during the period 19-26 of Dhul Qi’dah, 1423 AH corresponding to 22-26 of January, 2003 AD under the Chairmanship of His Eminence Sheikh Yusuf Al-Qaradawi, the President of the Council and at the presence of the majority of its members. The Council started its sessions with the recitation of verses of the Holy Quran, after which the President delivered a comprehensive and instructive speech that dealt with the importance of holding the Council’s session during a period as significant as this and the importance of the topics listed on the agenda. His Eminence also called upon Muslims to abide by Islam, which is the greatest of Allah’s Graces bestowed on mankind. He stated that one of the characteristics of the Islamic Ummah is that it cannot unanimously adopt an error or a wrong notion, and that Allah (swt) supplied it in every age with some individuals to purify Islam from the assertions of liars, the distortions of zealots and the interpretations of ignorant people. Sheikh Al-Qaradawi also stressed the moderation of Islam that calls for the rejection of both excess and neglect, on the quality of leniency in its instructions and that investigating the juristic heritage confirms that the example of leniency and tolerance is Allah’s Messenger (peace be upon him), and next to him the prominent Companions and followers (Tabi’in). His Eminence pointed out that successive generations have added new restrictions and precautions so much so that some people have forgotten that one of the characteristics of the Message of the Prophet (peace be upon him) is that “he allows them as lawful what is good (and pure) and prohibits them from what is bad (and impure). He releases them from their heavy burdens and from the yokes that are upon them.” (7:157), and that the golden rule is to be lenient in giving Fatwa and to give glad tidings when preaching. Sheikh Al-Qaradawi pointed out that Islamic Shari’ah entered various countries and different civilizations without being intolerant towards new problems and challenges, and that the existence of the various schools of jurisprudence became a source of comfort and mercy, which has resulted in Muslims today being in need of “disciplined or controlled Ijtihad” that combines the comprehension of jurisprudence with the knowledge of reality through weighing the partial texts against the general purposes which the Ummah respects.

The Council then considered its agenda that included the periodical General Secretariat report and the report of the Research Committee as well as other subjects, and took the necessary decisions on the various administrative and financial affairs.

The Council was pleased to welcome Professor Peter Conningsfield, Head of the Department of History at London University, and Director of the Institute of Religious Studies in Holland, who, during the sessions of the Council, delivered a speech that was appreciated by His Eminence the President of the Council and its members. He also declared that his University was willing to cooperate with the Council in the various scientific fields that concerned the two institutions. He was accompanied by a group of his students.

The Council, from its ethical and humane attitude and its rejection of violence, terrorism and aggression regardless of their sources, discussed the tense global situations caused by the escalation towards waging war on Iraq, which would inevitably lead to the killing of innocent people, severing crucial relations and causing a state of international imbalance. It then issued a statement denouncing the war and its ramifications including attacking the innocent and transgressing against other nations.

The Council then looked into a number of subjects regarding which it took the appropriate decisions, fatwas and recommendations, the most important of which were the following:

Resolution 10/1

Cloning

   

After considering the papers presented by Their Excellencies the Members of the Council on this subject and after detailed discussions, the Council decided the following:

First: The Council adopts the decision taken by the International Islamic Fiqh Academy that prohibits human cloning. It is Decision no. (10/2)-94 that includes the following:

Allah created man in the best shape and stature and honored him greatly, as He, He be Glorified, says: “And We have indeed honored the children of Adam; provided them with transport on land and sea; provided them with lawful good things; and conferred on them special favors, above many of those We have created with a marked preferment.” (XVII: 70) Allah (SWT) adorned man with reason, honored him with obligation, made him His vicegerent on earth, settled him in it and honored him with carrying His Message, which goes in harmony with his fitrah (innate nature), or rather it is the very fitrah, as is confirmed in the Saying of Allah (SWT): “So set your face towards the religion (of pure Islamic monotheism) hanif (worshipping none but Allah), Allah’s fitrah with which Allah has created mankind. No change let there be in the work (wrought) by Allah. That is the true religion, but most among mankind know not.” (XXX: 30) 

Allah taught man what he had not known and ordered him to search, look into things, think and contemplate, addressing him with a number of Verses, such as: “Do not they see”, “Do not they look”, “Does man not see that We have created him from sperm?” “Verily, in these things there are Signs for those who understand”, “Verily, in these things there is a reminder for men of understanding” and “Read in the Name of your Lord, Who created”.

Islam does not impose limits or restrictions on the freedom of scientific research, for it is the door to investigating the laws of Allah in His creation. But Islam, however, does not leave the door unconditionally open before the applications of the conclusions and findings of scientific research to enter the public arena without passing through the filter of Shari’ah, so that it may let what is lawful to pass and forbid the unlawful. It would not be permissible to execute anything merely because it is executable or within man’s means to implement; it should be a beneficial science that is in the interest of people and protects them from evil and mischief. Such science should protect mankind’s dignity and status and the objective for which Allah has created them, and should thus not be used as a field for experimentation. The entity, peculiarity and distinctiveness of the individual should not be attacked. Such science should not lead to disturbing the stable social structure or undermine the bases of kinship, the relationships of kith and kin and genealogy and the conventional familial frameworks familiar throughout the human history under the canopy of the law of Allah and on a solid foundation of its rulings.

Among the new forms of knowledge introduced in our times is what has been published in the global mass media under the title ‘cloning’. This has been offered such prominence and has attracted so much attention and concern, hat it has become necessary to show the ruling of Shari’ah hitherto based upon details, information, evidence and data presented by a prominent group of Muslim experts and scholars.

The definition of ‘Cloning’ according to the decision of the International Islamic Fiqh Academy:

It is known that Allah has decreed that a human being is created from the combination of a spermatozoon and an ovum. The nucleus of each of them contains half the number of the chromosomes contained by the somatic cells of the human body. When the spermatozoon of the father is united with the ovum of the mother they form together a zygote that contains the full genetic package and has the potentiality of reproduction. When the zygote is implanted in the womb it grows and fully develops to produce a perfect creature, with Allah’s permission. The zygote, in its process of development, cleaves into two identical cells, then into four and then eight. It then continues its multiplication till it reaches the stage when it begins to differentiate and specialize. If one of the cells of the zygote is split into two identical cells before the stage of differentiation and specialization the result will be two identical twins. In animals it has been possible to artificially split such zygotes to produce identical twins. No such process has been reported in humans. Such process has been regarded a sort of cloning because it results in the production of identical copies of offspring. Such process has been called cloning through splitting.

There is another way to clone a complete creature. It is based on taking the complete genetic package in the form of a nucleus from a somatic cell and placing it in an ovum whose nucleus has been removed, whereupon a zygote with a complete genetic package is formed. The zygote, meanwhile, will have the potential to reproduce. When it is implanted in the mother’s womb it grows and fully develops to produce a complete human being, with Allah’s permission. This kind of cloning is called (nuclear transfer) or (nuclear replacement of the oval cell), which means cloning, and that is what happened to the ewe ‘Dolly’. This new creature, however, is not an exact copy of the original, because the mother’s ovum of which the nucleus has been removed still retains some nuclear remains in the area surrounding the removed nucleus. These remains would have a noticeable effect on modifying the characteristics inherited from the somatic cell. No such process has been reported as achieved in humans.

Cloning then is the reproduction of one or more living organisms by transferring the nucleus from a somatic cell to an ovum whose nucleus has been removed, or through cleaving a fertilized ovum at a stage preceding the stage of differentiating the tissues and organs.

After this definition the academy confirmed that cloning is not a process where creation is involved. The academy also added in its ruling: ‘It is evident that such processes do not represent complete creation or partial creation. Allah Almighty (swt) says:  “Or do they assign to Allah partners who have created (anything) as He has created, so that the creation seem to them alike?  Say: ‘Allah is the Creator of all things: He is the One, the Supreme and Irresistible.’” (XIII: 16)

Allah (swt) also says: “Do you then see the (human seed) that you emit? Is it you that create it, or are We the Creators? We have decreed death to be your common lot, and We are not to be frustrated from changing your forms and creating you (again) in (forms) that you know not. And you certainly know already the first form of creation. Why then do you not take heed?” (LVI: 58-62)

Allah (swt) also says: “Does man not see that We created him from sperm? Yet, behold! He (stands forth) as an open adversary! And He makes comparisons for Us and forgets his own (origin and) creation. He says: ‘Who can give life to bones after they have rotten and become dust?’ Say: ‘He Who have created them for the first time will give them life, for He fully knows all creation. The same Who produces for you fire out of the green trees, when behold, you kindle therewith (your own fire). Is He Who created the heavens and the earth unable to create the like thereof? Yes, indeed! For He is the All-Knowing Supreme Creator. Verily, when He intends a thing, His Command is, ‘Be’ and it is!” (XXXVII: 77-82)

Allah (swt) also says: “We did create man from a quintessence (gentle extraction) of clay. We then placed him as a drop (nutfah) in a place of settlement firmly fixed, and then We made the drop into an Alaqah (leech-like structure) and then We changed the leech-like structure into Mudghah (chewed-like substance) and then We made out of the Mudghah bones and then We clothed the bones with flesh (muscles), and then We developed out of him another creation. So blessed be Allah, the best to create.” (XXIII: 12-14)       

The Decisions of the International Fiqh Academy:

Following the results of the abovementioned research, and substantial discussions as well as the principles of Shari’ah that have been submitted to the Council of the Academy, the Academy decided the following:

  1. Human cloning in the two techniques mentioned above or any other way leading to human reproduction is unlawful (haram).
  2. If the legal (from the Shari’ah perspective) ruling stated in item (1) above should be violated, the results of such cases would be presented to show the legal rulings concerning them.
  3. The prohibition of all the cases that involve a third party that is forced into the marital relationship, whether it be a womb, an ovum, a spermatozoon or a somatic cell for cloning.
  4. It is legally permissible to use the technologies of cloning and genetic engineering in the field of microbiology, microorganism, plants and animals within the legal controlling criteria of Shari’ah and in a way that brings about benefits and prevents evil and mischief.
  5. Appealing to the Muslim countries to decree the laws and regulations that are necessary to close down both direct and indirect routes in the face of local and foreign bodies, research institutions and foreign experts to prevent them from using Muslim countries as a field for the experiments of human cloning and enhancing them.
  6. Encouraging common efforts by both the Islamic Fiqh Academy and the Islamic Organization for Medical Sciences to follow up the subject of cloning and its new scientific findings and to define its terms precisely, hold the forums and meetings that are necessary for showing the relevant legal rulings.
  7. Calling for the formation of specialized committees that include exports and scholars of Shari’ah to set up the moral-binding criteria in the field of biology to be adopted in the Muslim countries.
  8. Calling for the establishment and support of the institutes and scientific institutions that carry on research in the fields of biology and genetic engineering other than in human cloning and in accordance with binding criteria of Shari’ah, so that the Muslim world may not remain dependant on and subordinate to other countries in this field.
  9. Founding our dealing with the new scientific findings on an Islamic erspective and calling the mass media to adopt the religious perspective of Faith in dealing with these matters and to avoid using them in a way that disagrees with Islam, and to educate the public to ascertain everything before adopting any attitude, in response to the saying Allah (SWT): “When there comes to them some matter touching (public) safety or fear, they make it known (among people). If they had referred it to the Messenger or to those charged with authority among them, the proper investigators would have understood it from them, (directly).” (IV: 83)

Second: The European Council for Fatwa and Research opines that it is permissible to use the technologies of cloning in the fields of therapy by using stem cells to produce healthy organs that can replace the defective ones provided that this should not lead to damaging a fetus older than 40 days of age.

 

Third:  To elucidate the fourth item of the previous resolution of the International Islamic Fiqh Academy regarding the permissibility of cloning in animals, the council concluded that the most important legal (Shar’i) criteria controlling this matter are the following:

  1. There should be an interest and a benefit that is significant in the light of Shari’ah.
  2. The interest should not clash with a mischief greater than it.
  3. The process should not lead to tormenting or causing distress to the animal or changing its creation and essence.

Fourth: the council appreciates the tendency of the representatives of other religions and some states to prevent human cloning in preparation to regard it as a crime agreed upon among the followers of the various religions, which may lead to an agreement to prohibit it by virtue of International laws across the world.

Recommendations

The Council recommends the following:

  1. Based upon the third item of the ruling passed by the International Islamic Fiqh Academy, which states that “all cases in which a third party or element is introduced into the marital relationship are unlawful” the Council recommends the preparation of substantial scientific and legal (Islamic) studies on the case of cloning that can be performed between the spouses without the interference of a third party.
  2. The preparation of juristic and legal studies regarding the effects emanating from human cloning (the ruling on the actual situation) regardless of the obligatory ruling, particularly in the field of genealogy. marriage, inheritance, etc.
  3. Cooperation with those bodies that are interested in the moral-binding criteria in order to subject the scientific and medical practices to these criteria.
  4. Calling relevant international institutions to pass internationally-relevant decisions to prevent and prohibit cloning in humans, on the basis that it is a process that infringes upon the ‘fitrah’ (innate nature) according to which Allah (swt) has created people.

 

 

Resolution 10/2

Terrorism

The Council considered the papers presented on this topic, and after discussion and debate the following points were approved:

  1. There is no relation whatsoever between the concept of Islamic Jihad and terrorism.
  2. Terrorism implies the programmed use of unlawful violence, or threatening with it and the purposeful murder of or harm against civilians, or the destruction of civilian establishments, or causing mischief and destruction to the environment.
  3. The concept of terrorism applies to individuals, groups and governments, whether they are the culprits or the victims.
  4. Terrorism does not apply to legal resistance (or legal defense) against foreign occupation by all available means, including armed resistance, bearing in mind that all international laws confirm this.

In order to elaborate the research on all aspects related to terrorism and arrive at a specific definition of it, the discussion of this point will be taken up in the next Session, Allah willing.

 

Decision 10/3

Timings for Ritual Practices or ‘Mawaqit’

 

The Council discussed the subject of fixing ‘mawaqit’ (the times appointed for ritual practices) in the countries where the ordinary signs are absent. The Council listened to the papers submitted on this subject and decided to resume its discussion on it in the next Session.

Fatwas of the Tenth Session

The Council answered a group of questions presented. The most important were:

Fatwa 10/1

Surrogacy )a woman hiring her womb to carry an embryo(

In terms of Shai’ah it is impermissible for a woman to hire her womb to carry an embryo in it. It is impermissible even if it were done gratis, for this involves introducing the sperm of a man that is not her husband, and it would lead to mixing up and confusing ancestry or genealogy because by giving birth to the child she would be its mother, as Allah Almighty says: “Their mothers are none but those who have given them birth,” although the embryo does not belong to her own ovum that has been fertilized by her husband. This, of course, does not apply by analogy, to a woman’s breastfeeding somebody else’s child, for this provides the child with external nutrients and does not involve holding it inside her body. Moreover, taking a wet nurse is legalized by texts from the Quran and the Sunnah.

The prohibition of this case, which is termed ‘the nursing womb’ or surrogacy, has been confirmed by a decision passed by the International Islamic Fiqh Academy. Poverty is not an excuse for a woman to hire her womb; she had better seek her sustenance through other permissible means and remember the Saying of Allah: “And if you fear poverty, soon will Allah enrich you, if He wills, out of His Bounty.” (IX: 28) Nobody refrains from something unlawful but Allah will compensate him for that with something lawful and good.

 

Fatwa 10/2

A marriage that was contracted in the church

Contracting marriage in a church is not recommended by Shari’ah, and it is haram (unlawful) if it involves participation in the rituals related to their religion, or if the marriage in the church leads to something that is prohibited by Shari’ah, such as the pledge of the husband to educate the children on non-Islamic principles.

Yet, the marriage contract will be valid if all its legal (Islamic) requisites and conditions are observed, and the marriage will be correct and all its consequences should be observed. But just as a precaution, the person who had to do so should repeat the contract outside the church to publicize the marriage among the Muslims. The Council is keen to advise the Muslim youths against doing this impermissible deed that implies the husband’s complying with the wishes of the wife in matters displeasing Allah (swt), and will expose him to the risk of accepting the conditions concerning the education of the children according to non-Islamic principles.

Fatwa 10/3

Certain methods of  contraception

 

 There is no objection in the light of Shari’ah to using what prevents reproduction temporarily, regardless of the age of the woman. Therefore, the use of the coil is not objectionable, but tying the ovary, for example, is not permissible because it prevents reproduction forever and is therefore only permissible when there is a medical necessity.

Fatwa 10/4

Aborting a fetus that suffers from serious defects

It is impermissible to abort a fetus after the age of four months even if its deformation is confirmed, or even if its survival after its birth depends on using resuscitating apparatus. It is permissible however, to remove the apparatus if it has not been placed for a therapeutic purpose, but just for keeping it alive. Many decisions have been passed by one of the forums of the Islamic Organization for Medical Sciences and adopted by the Islamic Fiqh Academy concerning the two issues (the prohibition of aborting a fetus of more than four months of age because of deformations—and the permissibility of removing the resuscitating apparatus from any person for whom it has not been set up to continue useful therapy).

 

 

Fatwa 10/5

Insuring public property and places, and the collective insurance to bury the dead

The principle is that insurance in the commercial insurance companies is unlawful (haram) because it involves risk; namely, the probability that something may or may not  happen. The ensured may benefit by the compensation after paying a few premiums, or he may pay many premiums without earning any compensation because no danger has taken place. The same is true in respect of the company. Therefore legists classify it among the probable contracts. It involves a lot of risk and is involved in a dealing based on a commutative contract on the basis of “do ut des” (exchange for the purpose of earning).

The alternative is the Islamic insurance that is based on the donations offered by all the bearers of the insurance policies, and the common benefit they earn from the recompenses donated also and the return of the surplus to them.

Although there is the element of risk also in the Islamic insurance, it is excusable, for the process involves donations in which risk, whether great or little, is excusable.

In Europe, it can be resorted to the cooperative insurance companies, even if they were not Islamic companies because they are closer to the essence of Islamic dealings in this field. But if the alternative is not available in a certain environment and there is the need for insuring in commercial insurance companies, it will be permissible due to necessity, for the risk may be ignored in case of necessity owing to the absence of an alternative.

Jurists have stated that the public need is treated the way a special necessity with respect to individuals is treated. Al-Imam Al-Shafi’i says: “Principles are based on the assumption that when things get more restricted they soon expand.” In Majallat al-Ahkam al-‘Adliyyah, article 32 states “A need is treated as a necessity, whether it is public of private.” Shaikh al-Islam Ibn Taymiyah says: “Shari’ah as a whole is based on the notion that if a mischief that should be prohibited conflicts with a preponderant need, the unlawful is permitted.” (The Collection of Fatawa, 49/21) Al-Zayla’i al-Hanafi says in Tabyin al-Haqa’iq (87/4): “The more needed something becomes the wider the field of options regarding it.” Since burying the dead Muslims in Western countries constitutes a problem and a heavy burden, and most people are unable to cover the expenses of burying them or transferring their corpses to their original countries, there is no objection in terms of Shari’ah to resorting to collective insurance in commercial companies till Islamic companies for insurance available.

The Council confirms the recommendation in Fatwa no. 27, and its text is:                        “The Council recommends that well-off people and thinkers try their utmost to establish Islamic financial companies and Islamic cooperative insurance companies as much as possible.”

Topics to be discussed in the next session

The members of the Council have agreed that the agenda of the next Course will cover the following subjects:

  • Mawaqit (times appointed for ritual practices).
  • Cloning between spouses and the situational rulings required.
  • Religious rhetoric
  • The concept of Jihad in Islam
  • Terrorism
  • The bylaw of arbitration
  • The internal bylaw.

Recommendations

  1. The Council exhorts Muslims in general and those residing in the West in particular to observe all rights, and give good impression and be a good example through their speech, behavior and manners. It also exhorts them to invent things and methods and innovate and to encourage invention and innovation on all levels.
  2. It calls upon all the Muslims who live in Europe to earnestly try to establish companies and financial institutions in the field of cooperative insurance and other fields, and to contact the cooperative insurance companies prevalent in the West to agree with them on removing what is unlawful in Shari’ah (such as usury) in order to institute cooperative funds free from such dealings.
  3. The Council calls on the Muslims in Europe to work hard to secure the recognition of their respective governments, of Islam as a religion and their Muslims as a religious minority similar to other religious minorities in respect of enjoying their full rights and managing their personal affairs, such as marriage and divorce in accordance with the rules of their religion. Therefore, the Council calls on Muslims to form Shari’ah committees to regulate their personal affairs according to the rulings of the noble Islamic Law, and meanwhile complying with the prevalent laws.
  4. The Council emphatically calls upon all Muslim to comply with the texts of the Qur’an, the Prophetic heritage (Sunnah) and the consensus of the jurists of the Ummah pertaining to the obligation of fulfilling the requirements of the pledge of security and the conditions or terms of citizenship and residence in the European countries in which they live.

Among the most important things that they should live up to are the following:

  1. to believe that the souls, property and dignity of non-Muslims are sanctified according to the pledge they entered these countries with and without which they would not have been allowed to enter them and continue living in them. Allah Almighty says: “and fulfill the pledge for it will be enquired into (on the Day of Judgment).” (XVII: 34)
  2. to respect the laws of the countries that have received and protected them and enabled them to enjoy all the securities of decent living. Allah Almighty says: “Is there any reward for good other than good?” (LV: 60)
  3. to avoid all means of unlawful (haram) earning of all sorts, such as seeking to obtain the benefits of social security although they work or trade.
  4. To exert themselves as much as possible to bring up the new generation, both boys and girls, according to Islamic principles through establishing schools and educational and recreational centers to protect them against deviation.

  1. The Council also calls on Muslims in general and those living in the West in particular to adhere to Allah’s religion, brotherhood, tolerance, moderation, cooperation in matters of righteousness and piety, to adopt peaceful dialogue and sound methods in settling matters of controversy away from the approaches of bigotry and the routes of extremeness that distort the image of Islam and badly defame the Muslims in general and the Muslim minorities in particular. The enemies of Islam and those who are ignorant of it would then manipulate such practices to defame Islam and warn others against it and its followers and provoke other nations against them. Allah Almighty says: invite (all) to the Way of your Lord with wisdom and beautiful preaching, and argue with them in ways that are best and most gracious.” (LVI: 125)
  2. The Council recommends that we communicate with the universities and scientific institutes in Europe that are concerned with human and Islamic studies.

Conclusion of Session  Proceedings

Before ending proceedings of the session, the Members, coordinating with the General Secretariat, agreed on appointing the time of the next session as follows:

The next session will start on the evening of Tuesday, the first of Jumada al-Ula corresponding to 1/7/2003 and will finish its proceedings  on the afternoon of Sunday, the sixth of Jumada al-Ula corresponding to 6/7/2003. Thereafter the sessions will start in the first week of July of every year.

His Excellency the President of the Council concluded the proceedings of the session by offering sincere thanks to Al-Maktoom Charity Organization for its continuous support of the Council and to the all those working in the Islamic Cultural Center of Ireland for their efforts, hospitality and warm reception and for their appreciated overall organisation. Gratitude was also offered to ‘Islam Online’ and the ‘Europiya’ for their comprehensive coverage of the proceedings of the Council’s session. Thanks were also forwarded to those who attended and participated as observers.

The Council also would like to thank the Irish Government that granted entry visas to the Members of the Council which facilitated holding its session on its land satisfactorily.

May peace be upon our Prophet Muhammad, his descendants and Companions, and praise is due to Allah, the Sustainer of the Worlds.    

   

               

                 

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