al-Fatawa al-Iqtisadiyya
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- al-Fatawa al-Iqtisadiyya
al-Fatawa al-Iqtisadiyya (Arabic: الفتاوى الاقتصادية, lit. 'Economic Legal Rulings') is a comprehensive compendium of contemporary Islamic legal rulings, resolutions, and juristic opinions concerning modern financial transactions, banking operations, and commercial practices . Compiled from various collective jurisprudence assemblies and institutional Sharia supervisory boards, it serves as an authoritative reference work on Islamic economics and commercial jurisprudence (fiqh al-mu‘amalat) .
Source Collections and Contributing Bodies
The compendium draws directly from the official resolutions and advisory rulings issued by major international jurisprudence councils and Sharia boards of pioneer Islamic financial institutions . These include:
- The International Islamic Fiqh Academy of the Organization of the Islamic Conference (OIC) .
- The Islamic Fiqh Council of the Muslim World League .
- Kuwait Finance House (Bayt al-Tamwil al-Kuwayti), through its multi-volume publication al-Fatawa al-Shar‘iyya fi al-Masa'il al-Iqtisadiyya (published across successive editions in 1405 AH / 1985 CE, 1407 AH / 1986 CE, and 1409 AH / 1989 CE) .
- The Jordan Islamic Bank (al-Bank al-Islami al-Urduni), through its two-volume al-Fatawa al-Shar‘iyya (1404 AH / 1984 CE and 1408 AH / 1987 CE) .
- The Sharia supervisory board of Faisal Islamic Bank of Egypt (Bank Faysal al-Islami al-Misri) .
- The Sharia supervisory board of Faisal Islamic Bank of Sudan (Bank Faysal al-Islami al-Sudani, 1402 AH / 1982 CE), the Sudanese Islamic Bank (al-Bank al-Islami al-Sudani), and the Islamic Bank of Western Sudan (al-Bank al-Islami li-Gharb al-Sudan) .
- Dallah Albaraka Group, including the proceedings of the Albaraka Symposia on Islamic Economics (Nadwat al-Baraka, 1403 AH / 1981 CE), selections on zakat rulings (1405 AH / 1985 CE), and the legal treatises of Abd al-Sattar Abu Ghuddah in al-Ajwiba al-Shar‘iyya fi al-Tatbiqat al-Masrifiyya .
Key Themes and Rulings
The text addresses a wide spectrum of modern economic questions, resolving transactional challenges by anchoring them in classical legal paradigms while accommodating modern institutional realities . Major areas covered include:
- Zakat Obligations: Detailed rulings on assessing zakat on outstanding commercial debts depending on debtor solvency , and on leased non-agricultural properties, where zakat is determined on the rental yields upon the passage of a lunar year (hawl) rather than the fixed physical asset .
- Banking and Usury (Riba): Reaffirmation of the absolute prohibition of conventional interest charges on debts and loans as unlawful riba, paired with guidelines establishing Sharia-compliant alternatives for liquidity and investment .
- Insurance (Ta'min): Characterization of fixed-premium commercial insurance as contractually invalid due to excessive uncertainty (gharar), and endorsement of cooperative insurance (ta'min ta‘awuni) based on mutual donation and risk-sharing as the legitimate alternative .
- Banking Facilities and Instruments: Clarification on letters of guarantee (khitab al-daman)—prohibiting fees on the guarantee itself while permitting actual administrative issuance expenses —as well as regulations for leasing (ijarah), hire purchase (ijarah muntahiya bi-al-tamlik), installment sales (al-bay‘ bi-al-taqsit), and commissioning contracts (istisna‘) .
- Currency and Financial Markets: Guidelines regarding spot currency exchange, multiple exchange rate structures for foreign transfer services , prohibitions against discounting commercial papers (khasm al-awraq al-tijariyya) and repurchase arrangements (bay‘ al-wafa‘) , auction regulations (al-muzayadah) with prohibitions on fraudulent bidding (najash) , and mechanisms for index-linking wages against currency inflation .
- Juristic Methodology: Principles governing the adoption of legal concessions (rukhsa) across schools of law and the parameters distinguishing permissible juristic selection from prohibited eclectic synthesis (talfiq) .
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