Thursday, 9/6/2016 | 5:05 UTC+0

10th Fiqhi Seminar

Date: 24 - 27 October 1997 Venue: Haj House, Mumbai

An occasion to feel proud of . We had just crossed the tenth milestone of our decade long so joum, holding the tenth Fiqh Seminar of the Academy at the Mumbai metropolitis. An important commerce-related topic “Bai-Bil-Tqseet” (Buying and selling on installments) was also under a thorough discussion in this magnificant port city, which also happens to be the centre of trade and commerce. Besides, deliberations on a host of other burning and sensitive issues like “Awqaf related issues in India” and the “Contemporary aspects of Haj and Umarah”, an extremely contemporary and intricate issue, “Cloning” was pondered over as well, In addition to the who lehearted participation of delegates from within the country, a number of delegates form other countries also attended the four-day long seminar, the prominent amongst them was an esteemed delegation form Kuwait.

The seminar evidently delivered significant and explicit resolutions on the proposed four topics. Moreover, a “Declaration for the solidarity of Ummah” was also pronounced in a befitting manner with moist eyes and compassionatehearts keeping in view the rot which has set in the Muslim world and the nadir which it has touched being always concerned about shallow and trivial issues, superficial and purposely created turbulences, isolating the real issues completely.

Resolutions: Awqaf Issue:

  1. It is indeed an immensely rewarding act and a “Sadqa-e- Jaria” (perpetual charity) in Islam to do deeds of wlefare and endow (waqf) land, property and riches for charitable purposes. That is precisely why the Muslims all over the world even in the remotest parts of the globe endow land, property and riches for welfare purposes. The history of Islam and Muslims is considerably old. The Muslims have dwelt in different parts of the country for centuries altogether. In this perspective, a number of Muslim awqaf have been operative on religions, reformative and charitable lines in almost every nook and corner of the country. It is indubitably, the foremost responsibility of the Muslims of India and the Indian government to protect these Awqaf, to work for their development and expansion, to spend the income of the ‘Awqaf’ in accordance with the intentions of the endower (waqif) and last but not the least to get the Awqaf properties liberated form the clutches of the usurpers.

  2. The Islamic point of view, with regards to the Awqaf is that Awqaf are permanent and they certainly should not be sold or transferred under normal circumstances. In this regard,

    Prophet Muhammad (S.A.W.) said : áÇ ÊÈÇÚ æáÇ ÊæåÈ æáÇ ÊæÑË

    (It can neither be sold off, nor gifted away and nor can be inherited).

    Therefore, efforts should be made keeping in mind that the waqf, apart form maintaining and looking after it’s properties, ought to reap profits and grow. In this connection, appropriate rules and laws need to be framed which would ensure complete protection and sanctity of the institution called ‘Waqf’ besides the utility enhancement and growth of the waqf taking due care of the objectives and intentions of the endowers (waqifs).

  3. We notice that the mosques garner greater sanctiaty and veneration in comparison with other Awqaf. In this regard, the sale and transfer of mosque is valid under no circumstances. It is strictly prohibited. Even if the mosque happens to become deserted and forsaken with ‘Namaz’ not being performed there, still the piece of the land where such a mosque stands remains a mosque, whatsoever. Moreover, it still commands the sanctity and veneration of a mosque. Sincere efforts ought to be carried out to reconstruct or repair the mosque and rehability it afresh.

    Allah says : "æÃä ÇáãÓÇÌÏ ááå ÝáÇ ÊÏÚæÇ ãÚ Çááå ÃÍÏÇð"

    And that the mosques are for Allah;

    Therefore, do not call upon anyone else in them alongwith Allah. (Jinn-18)

    and Allah says : "ÅäãÇ íÚãÑ ãÓÇÌÏ Çááå ãä Âãä ÈÇááå æÇáíæã ÇáÂÎÑ"

    Only he should visit or tend God’s houses of worship who believe in God and the Last Day.  (Tauba -18)

  4. It is an enormously sinful act and a cruelty of the worst kind to prohibit the people from offering the Namaz in a mosque.

    Allah refeals :

    "æãä ÃÙáã ããä ãäÚ ãÓÇÌÏ Çááå Ãä íÐßÑ ÝíåÇ ÇÓãå æÓÚì Ýí ÎÑÇÈåÇ"

    And who could be a greater wrongdoer than the one who forbids the mention of Allah’s name in places of worship and strives for their ruin? (Baqarah -114)

    Once a mosque always a mosque in the eyes of the Shariah, no matter for how long period the Muslims have been disallowed from offering Namaz inside the mosque or it has been forcefully usurped or the mosque building have been demolished.

  5. According to the Shariah, it is practically an act of tyranny to stop the offerings of Namaz in archaelogically protected mosques.

    Almighty says :

    "æãä ÃÙáã ããä ãäÚ ãÓÇÌÏ Çááå Ãä íÐßÑ ÝíåÇ ÇÓãå æÓÚì Ýí ÎÑÇÈåÇ"

    And who could be a greater wrongdoer than the one who forbids the mention of Allah’s name in places of worship and strives for their ruin? (Baqarah -114)

  6. During the tragic time of partition, a sizable chunk of Muslims form India (especially certain parts of Punjab, Haryana, Delhi, Western U. P.) migrated to Pakistan leaving behind various large Awqaf (mosques, madarsas, monastries, graveyards, inns, etc.) in these areas. The local Muslim populace, whatever their number be, should take the responsibility of maintaining and protecting these Awqaf making them profitable and functional. Also, the respective Waqf Boards should shoulder responsibilities in protecting and looking after the Awqaf in places and localities which have been eventually deserted by the Muslims. As a corollary to it, the Muslims from the neighboring localities need to strive for their protection.

  7. As far as awqaf (excluding mosques) which are situated quite distant form the nearest Muslim populace and it appears as if it would be justifiably difficult to rehabilitate and maintain the Awqaf besides complying with the objectives laid down by the waqif (endower) and if fears of upsurption of the Awqaf property are looming large, then it would be correct and advisable to sell off those Awqaf and establish the Awqaf of similar nature at other places under the above mentioned circumstances provided that:

    Note :
    It is worth mentioning over here that the aforesaid properties viz. shops, houses, land, property, etc. which are sold off and the new shops, houses, land and property purchased against them shall also fall under the same objectives of the waqf as had been in the first case.
    1. It has been thoroughly investigated that those localities or places have been holly deserted by the Muslims and there exists no probable chance of the Muslims resettling in these places.
    2. The Waqf property is sold off at rates which are at par with it’s market value. Of course, it should not be sold off at such a meager price which cannot be estimated by experts.
    3. The Mutawalli or the officer-in charge of the Waqf should not sell off the Waqf to his close relative, hoping to reap some sort of benefit form the deal. In this way, he should also not strike a deal with a person whom he is indebted to.
    4. The Waqf property most preferably should be bartered with another property instead of purchasing it for a monetary sum. However, if the latter course is adopted due to any legal or practical impediments, then the immovable property should be purchased out of the proceeds as earliest as possible to establish the alternate waqf.
    5. The permission for the exchange or sale of Waqf should be given only after a thorough investigation of the conditions of the transaction by a Shariah Qazi or a Shariah Committee of Awqaf, comprising of pious and God-fearing scholars, Muslim think tanks and jurists professionally acquainted with the laws pertaining to Awqaf. The permission of the Waqf board or the Waqf officer is not enough for the sale or exchange of the Awqaf properties from the Shariah point of view. The permission given by the Waqf Tribunal would be binding and shall hold good from the shariah angle, once it has sought the opinions of atleast three renowned Muftis (religious scholars) and acted in accordance with their advices.
    1. The proceeds of deserted and desolate Awqaf should be spent as per the intentions and objectives of the waqif (endower) as laid down in the waqfnama. If such heads in which the money can be no longer exist, the nearest channels should be considered. However, it would be unfair and unjust to spend the proceeds on other heads being unmindful of the waqif’s (endower’s) intentions and motives.
    2. In case the deserted and desolate awqaf are to be sold off, then it would be incumbent to establish other Awqaf instead of them.
  8. It would be obviously right and permissible to use the surplus Waqf land endowed to the mosque in establishing a madrasa or a school for religious education rather than spending frugally on further constructions and expansion of the mosque which it does not require for the time being nor at a later stage, provided that:

    (a) The mosque remains deserted and the establishment of a madrasa or school might possibly act as a catalyst in making the mosque functinal and rehabilitated once again.

    (b) There exists an enormous fear of forceful usurption of the surplus Waqf land endowed to the mosque and the establishment of a religious madrasa or school could get the mosque out of such a danger.

    (c) There is hardly any permanent or proper bandobast in sight for the establishment of a religious madrasa or school for Muslim children in a place or locality where a mosque does exist. However, before taking such a step, the consent of the Mutawalli or the managing committee of the mosque in question must be obtained. Furthermore, it would be certainly better if the mosque committee itself goes ahead and makes adequate arrangements for such a madrasa or school.

  9. The endowed (waqf) lands for the mosque which are supposed to generate income for the mosque, can be given away at an appropriate rent for the establishment of institutions imparting religious, contemporary or technical education. Nevertheless, the agreement and terms should be finalised taking due care to ensure that the ownership rights of the mosque are not jeopardized.

  10. Those mosques which have a much larger income than their total expenditures and are going on accumulating endlessly year after year and there is virtually no probability for the mosque concerned to utilize such an accumulated surplus wealth in the near future, then under such circumstances, the surplus proceeds of the mosque should be diverted towards other places (where there is a need) for constructing mosque or to help the indigent and needy mosques because even today there are numerous dwellings in India which are devoid of any mosque or religious school. Unfortunately, the Muslims crave to hear the ‘Azaan’ in such places. The excess funds of wealthy mosques ought to be utilized for building mosques in such areas.

  11. In addition to this, an important head of expenditure from the funds obtained form the lands and properties endowed for the mosque comprises of the Imams, Muazzins and other workers. The participants of the seminar do feel that on certain instances, the Imams, Muazzins and others do not get adequate salaries despite the mosques having sufficient income. Henceforth, the semiar urges the members of the managing committee of mosques to provide sufficient honorarium and perks to the Imams, Muazzins and other workers of the mosque.

  12. The surplus incomes of other Awqaf which they no longer need for the time being or in the future seemingly, the security and protection of which is a growing headache for the Mutawallis and the fear of usurpation looms large over it form the government side or form unrighteous or unscrupulous persons, then the surplus amount should be spent for that particular purpose only. To site an example, the surplus incomes of the madrasas need to be spend for the causes of madrasas alone, that of inns for inns and the like.

  13. In a situation where the income of a Waqf is quite sufficient, it is not suitable to sell it off just for the purpose of generating more and more income because there is ample risk of loss of the original Waqf. Albeit, if the income generated out of the endowed property is so insufficient and meagre that even the neccessery expenses of the Waqf property remain unfulfilled and funds need to be borrowed to make it functional and, moreover, there lies no other alternative in question to enhance its income under such grim circumstances, the endowed property might be sold off under the conditions (b,c,d & e) mentioned in Clause 7 above to buy a more beneficial and profitable property. However, if the waqif (endower) is alive, his consent should also be obtained before striking a deal.

  14. Those Awqaf whose buildings have become old and are in a dilapidated condition and the Awqaf does not have enough funds to repair it, niether is there any bright chance in the near future, then the Mutawallis of the Awqaf can, enter into an agreement with some buider with a precondition that he should construct the building and then keep the whole building or a part of it on rent for a certain defined period of time. In this way ge would get the beinfits of his investments. Nonetheless, it would be of course, inappropriate to pass off the ownership rights of one or two storeys of a multi-storried building to the builder forever.

  15. In case, there is a paucity of funds for the construction of a boundary wall or fence around a graveyard for protection- sake, shops can be allowed to be constructed in it’s premises. However, the passage to these shops should be form outside the graveyard. For this purpose, the rent can be collected in advance and athe money can be used for constructing the shops. The income from these shops should be utilized for the security and other requirements of the graveyards. However, it should be initially ensured that the construction of the shops might not affect those graves whose identities are still existing.
  16. The Seminar requests the Secretary General of the Islamic Fiqh Academy, Qazi Mujahidul Islam Qasmi to formulate a committee which would supposedly present a memorandum with regards to the necessary amendments in the Waqf Act along with valuable suggestions to the parliamentary Committee formed by the Government of India for Muslim Awqaf. The committee ought to execute it’s plans as soon as possible and represent the Fiqh Academy in this connection.

Issues of Haj/Umrah:

  1. Haj happens to be an extremely important pillar of Islam, which is incimbent upon a person to perform it once in his lifetime. Normally, the Haj pilgrims have to undergo travails and hardships on the long nd treacherous jouney and bear colossal expenses. Precisely, that is why, Allah has assured great rewards for it. Moreover, Prophet Muhammad (S. A. W.) has compared this mode of worship with a kind of ‘Jihad’. The Haj pilgrims, therefore, should bear these hardships and the tiring so journ thinking it as a boon for them. While performing Haj, people should take precautions in all aspects as far as possible and on those issues, where the scholars have a divided opinion and often contradictory at times, some of them suggesting a bit liberty and some asking for a bit cosntraint, then under such circumstances, such a mode of action should be adopted which would be correct and apt in the eyes of both of them. One must also keep aloof from indolence and lethargy while performing this great worship.

  2. Whether a person is living outside the meeqat (one of the four places in Arabia where pilgrims don prescribed robe.) or in Makkah or Hal, if he moves form outside the Meeqat having an intention of entering Makkah from, then it is incumbent upon him to don the Ihram no matter whether he intends to perform Haj or Umarah or just for any other purpose.
    In the present scenario, there are a lot of people like traders, office workers, taxi-drivers and people engaged in other professions to enter the Haram frequently even more than once a day. The rules mentioned above, definitely, creates enormous problems for these people. Therefore, they should be allowed to enter the Haram without the mandatory obligations of sporting an Ihram.

  3. Those people who are the inhabitants of Makkah itself or are staying there are ‘Muqeems’. Thus, they are not required to perform Umrah during the months of Haj. A person who has to perform Haj this year and intends to perform Haj this year, should avoid going out of Meeqat during the months of Haj. However, if he is bound to go out side being a trader, an office-goer or because of his own professional obligations,then he should follow the above-mentioned Clause 2 and restrain from donning Ihram while entering Meeqat and performing Umrah.
    Muqeem in Makkah means the people who have settled down in Makkah properly before the Haj months or staying there for atleast a year.

  4. The international pilgrims who perform Tamattu (performance of minor pilgrimage along with the major one) can perform the Umrah in addition, before donning the Iharm.

  5. These days, the Haj pilgrims, generally, do not venture out, themselves, towards Rami Jumrat on lame excuses or, sometimes, without any adequate reason, rather, depute others as their deputy. Almost all the scholars are unanimous that under such a scenario, an imortant obligation of Haj remains undone. Infact, this sort of deputization is not reliable from the shariah point of view and people who do it are under obligation to sacrifice. Nevertheless, people who are unable to make it to the Jumarat being physically weak, senile or patients can obviously proclaim other people as their deputy.

  6. A milling crowd, itself, is not a reasonalbe ground. A plausible and better solution to it would be, if a person is incapable of going and performing Rami in such a milling crowd during themasnoon (as prescribed by the Prophet (S. A. W.) period he may also perform the same in the Jawaz (justifiable) period after the Masnoon or even in the karahat (abomination) period if there are some serious problems. Evidently, it would not be unbecoming and abominable at all for him.

  7. According to decisive pronouncements of Hanfi school, it is imperative to fulfil the obligations on the 10th Zilhijjah as per the following order:
    Rami, Zibah ( to sacrifice according to the Islamic tenets) and Halaq. The Haj pilgrims should see that they follow this particular order as much as possible. Nonetheless, there is of course, room for following the words and actions of other scholars and people in case of extreme temperature, the milling crowd and the distance of the slaughtering place etc. Hence, the Dam (punitive sacrifice) would not be obligatory even if the obligations are fulfilled in the utter contrast to the prescribed order.

  8. Hundreds and thousands of Haj pilgrims visit Makkah during the Haj season, from all over the world and perform the Haj.
    (a) The responsibility for management of the entire Haj programme lies with the Government of Saudi Arabia. Haj is a collective form of worship. It is a must to perform it in a systematic manner following the srules of the Islamic law. Apparently, it is indeed inpossible to look after the lodging, fooding, health, security of life and property of thousands of people without a proper systematic and co-ordinated aproach. In such a situation, the Government of Saudi Arabia imposes a number of administrative restrictions so that the number of Hajis could be limited and they may be provided with better care. It is mandatory upon all the pilgrims to adhere to the administrative obligations laid down by the Government of Saudi Arabia. It falls under ‘Amr-Bil-Maroof’ (exhortation for virtues) which needs to be followed strictly. Hence, if the resident Muslims in Saudi Arabia are refused the permission to perform Haj every year as per the rules and regulations laid down by the Government of Saudi, then such a restriction is imperative according to Shariah.
    (b) Furthermore, if a person violates these restrictions, dons the Ihram and enters the Meeqat, is caught later on and the security personnel make him return back, the situation would demand a similar course of action as in the case of a ‘Muhassar-Anil-Haj’ ( One who is restraived from performing) from the Shariah angle, which means that he is supposed to perform a punitive sacrifice. The moment he gives a “Dam” within the boundaries of Haram, he would immediately become free form the restrictions with regards to ‘Ihram’.

  9. In case of a Haj-e-Badal according to the rules of Shariah, the Hajj-e-Afrad ought to be performed as per the general principles. However, one who intends to perform the Hajj-e-Badal should explain the details to the one who wants to get the Hajj-e-Badal performed and finally seek his permission for a Hajj-e-Tamattu or an absolute Haj. If due to some reason he fails to get the permission for the same, then since the Hajj-e-Tamattu is performed normally, even the person who wants to get the Hajj-e-Badal performed would also have performed the Hajj-e-Tamattu. Therefore, keeping in view the customs and traditions, the entrusted person is allowed to perform Hajj-e-Tamattu. Under these circumstances, he will have to don Ihram for Umrah on behalf of the ‘Amir’ (orderer). Moreover, the expenses incurred in the ‘Dam-e-Shukr’ would also be borne by the ‘Amir’.

  10. In case, a woman happens to undergothe menstruation cycle, or puerperal haemorrhage before the Tawaf-e-Ziyarat and finds herself incapable of cleansing herself as per her pre-planned schedule and performing the Tawaf-e-Ziyarat, she should try her level best under such a situation, to prolong and postpone her journey schedule so that she might cleanse herself, perform the Tawaf-e-Ziyarat and then return back to her home. However, if the efforts on her part go in vain and the journey cannot be postponed further before the cleansing, then she can perform the Tawaf-e-Ziyarat. This Tawaf-e-Ziyarat would of course, be valid in the eyes of the Shariah and she will be considered as completely permissible. Nonetheless, she would have to sacrifice a Badna (big animal) within the boundries of Haram.

  11. In a situation where the husband of a woman expires during the Haj journey and she has not put on the Iharm as yet plus it is possible for her to return back to her country, then she should go back to her place and complete the Iddat (probationary) period. However, if she ahs already put on the Ihram and the journey back home is fraught with difficulties, she may perform Hajj and Umrah during the Iddat period.

  12. If the Haj pilgrim reaches Makkah too late such that the Haj commences before a fortnight-long stay, then he is believed to be a wayfarer. He should curtail (Qasr) the Namaz having 4 Rakats.

  13. Usually, the 3 Rakats of ‘Witr’ prayers are offered with 2 ‘Salams’ in the Arab world. There is room for Ahnaf to offer the ‘Witr’ prayers led by such an Imam. Alternatively, the Hanafi followers may not say ‘Salam’ after 2 Rakats when the Imam offers the 3 Rakats of ‘Witr’ prayers followed by 2 ‘Salams’ and should stand up along with the Imam for the third Rakat.

(Bai- Bit- Taqseet) Buying and Selling on Instalments:

  1. It is definately valid and permissible to enhance the price of an itemif the deal is struck on credit as compared to that of cash transactions in matters of buying and selling. Such a mode of buying and selling is also valid provided that the terms and conditions regarding the price of the item at credit and the duration of it’s payment are clearly specified before finalising the agreement.

  2. Whether the credit amount is repayed back in lumpsum or in instalments, both modes are valid.

  3. For the sake of such business deals, it is a must that the price be fixed while coming up with an agreement. Initially only the credit price may be ascertained or both the cash and credit prices.

  4. In credit buying and selling, the escalation in prices does not come under Riba (interest, usury) as compared to a cash deal. In cash transactions, the item purchased has a value, whatever is the price of the item may be on similar lines, the price agreed upon is the product value in credit business deals.

  5. The demand of any excess money in the event of non-repayment of the product value or instalments within the stipulated period of time falls under the category of interest not withstanding the fact that such a condition was spelt out at the time of agreement or later on.

  6. A person keeps something as mortgage with himself and profits out of it somehow. Such a profit is nothing but an interest, which is impermissible under any circumstances.

  7. In case the product kept for mortgage gets mutilated or destroyed in the custody of the mortgage, then it is considered that if the product value is equal to the lended amount, there is no obligation on anybody. However, if the product value is lesser, then the balance amount due has to be paid by the mortgagor. In the third case, if the product value is more and the mortgagee is found to have behaved in a callous and careleess manner, then the balance amount has to be paid by the mortgagee himself.

  8. If the requisite amount is not repayed within the timeframe and the mortgagee turns a deafear despite the mortgagee’s repeated reminders, the latter is permitted to sell of the mortgaged property at a workable value and recover his money.

  9. It is not desirable for the seller to keep the sold item with himself until all the instalments are not paid up in case of a credit deal. Albeit, both the parties should decide that the sold item shall remain in the custody of the seller as a mortgaged property up till the entire instalments are paid up.

  10. In a situation where the buyer has given some of the instalments and the remaining amount is not paid, the seller has no right to take back the already sold item without returning back the paid instalments.

  11. It is not proper to give the purchased item in the custody of the buyer and term it as mortgage, although it is possible that the seller might take it from the buyer as mortgage and then pass off to the buyer as a loan.

  12. The committee formed to look into the various aspects of the credit letter charges has decided to further ponder over this issue.

  13. Selling off the documents pertaining to credit deals (receipts, etc.) to a third person so that, now, he may extract the amount and become the owner, the seller or the person who is entitled to get the money back accepts a lesser amount than the requisite amount isolating, thereby, himself from the deal. Such transactions are impermissible, whatsoever.

  14. It is valid and permissible if the amount due is reduced and collected instantemeously. Such a deal is valid, if there is no fixed timeframe for the repayment of the debt because it is a sort of Tabarru (gift, donation). Nevertheless, if the time duration has been pre-specified, such a deal is invalid since the person supposed to repay back might be taking undue advantage of the time period and coaxing the seller to reduce the due amount.

  15. It is, however, certainly permissible to demand for the repayment of the entire amount even before the stipulated time period of repayment if the instalments are not being delivered on time. It is so because if one of the parties involved in the deal breaches the contract between them, it is no longer obligatory upon the other party to stick to the agreement.

  16. In case the buyer passes away before the repayment of all the instalments, the agreement shall stand as it is, the way it stands valid in the event of the seller’s death, provided that the seller agrees upon it.

Cloning:

As a matter of fact, Islam has always ushered in the scientific developments with an open heart and mind. When man investigates and conducts research employing his brains bestowed upon him by the Almighty, he doesn’t invent, he merely ‘discovers’. Moreover, he does not earn credit for creating something. He simply unveils the hidden facts of nature.
Undoubtedly, Islam has landed all such researches and scientific endeavours which are beneficial for the whole mankind and are helpful in achieving the five goals of Islamic Shariah viz. protection of religion, protection of self, protection of generation, protection of wisdom and protection of property. Moreover, it should not be harmful for the mankind.
Keeping all these facets and principle teachings of the Islamic Shariah in mind, the Seminar organised by the Islamic Fiqh Academy at Mumbai from 24-27 Oct. 1997, discussed the issue of ‘Cloning’ wholeheartedly. Upholding the suggestions given by the Majma-ul-Fiqh-ul-Islami, Jeddah regarding this issue, and looking eye to eye with them in principle, the following proposals were approved unanimously.

  1. In the wake of the details and various aspects which have come plus the grave consequences in terms of moral and social implications aristing out of it, it is observed, thus, that all methods and modes of human cloning are absolutely forbidden, whatsoever.

  2. However, such a type of cloning in the flora and fauna realm which is beneficial for humans and are in no way, deterinental and pernicious to the human beings in terms of morality, religion and physique, are permissible.

  3. Furthermore, this seminar hosted by the Islamic Fiqh Academy earnestly appeals to the Government of India to get such legislations enacted which would ensure that the indigenous or the foreing research organisations or even the multinational trade giants do not attempt to make this country a testing ground for research in human cloning.

Declaration of Islamic Brotherhood the Solidarity of Ummah:

(The Tenth Fiqh Seminar was held under the aegis of the Islamic Fiqh Academy (India) at the Haj House (Mumbai) from the 24- 27 Oct. 1999 A.D, in which the scholars, academicians and Islamic jurists from all over the country participated with great enthusiasm, deliberated on the issue very sympathetically and voiced the following declaration of Islamic brotherhood wholeheartedly and solicitously.)
Today, the Muslims of India are entrapped by newer issues every now and then. The most pertinent amongst them is the challenge to uphold their religious faith and their cultural indentity in the most hostile atmosphere brewing up in India and to transfer this spirit intoour next generations as well. To be precise, this mammoth task has to be carried out by all of us together so that Islam may blossom out again on this land, so that it’s fragrance may spread all around uncaptivating one and all. Moreover, our endeavours should certainlyaim at benifitting our fellow countrymen with our humble existence.
Gauging the gravity of the task, our first and foremost essay should be to raise ourselves above the man-made barriers of caste, creed, race and colour, keeping aloof the differences on the basis of schools and disciplines and hold on to the Almighty’s rope firmly. Race, colour, language and region- these devilish things which have disintegrated us and built walls between man and man ought to be casted off. We should try and explain it to the people that in rel sense, unity and integrity alone is synonymous with life whereas hate and disintegrity are nothing but signs of death. However, ironically enough, it has been noticed that overthe years, the Indian Muslims are quitting the path of life (unity and integrity) and fast embracing death (hate and disintegrity), which has far more dangerous implications on our religious, milli and Islamic life then it sounds. In this regard, the Fiqhi Majlis of one of the most reputed and dignified organisations of the world, the Rabta-e-Alam-e-Islami, Makkah Mukarrama in it’s convention held on form 24- 27 Safar 1408 Hijri, sincerely appealed to the Muslims all over the globe to unite and integrate themselves, further urging them to remain balanced and temperate in the wake of differences pertaining to Fiqh nd the schools of thought. They were also requested not to hurl torrents on others and break each other’s hearts. At this juncture let us recapitulate once again.
We are the slaves of Allah. We believe that prophet Muhammad (S. A. W.) was the last prophet and messenger of Allah. We further regard the Quran as the final revealed word of the Almighty. When we offer our prayers, we tend to face in the direction of the kaaba, which we assume as our Qiblah. Our religion is Islam, which Allah has favoured until the doomsday (Qiyamah). Moreover, we have embraced Islam for our salvation.

Hencefoth we pledge that:

  1. We the Muslims would remain united irrespective of differences in caste, creed, race, sect or schools of thought. In addition to this, we shall practice Islamic unity and brotherhood in our daily practical lives too.

  2. We shall always restrict our differences on Schools of thought to the scholarly levels only and shall never allow them to penetrate and affect the unity of Ummah.

  3. We shall always give the utmost respect to the Imams, leaders and reknowned figures of each other, abstaining from mouthing torrents which would lower down thier prestige and honour.

  4. Above all, we would respect each other as well. Niether shall we indulge in mud-slinging nor vexing anybody. We shall also take care of each other’s life and property plus the honour and status.

  5. We shall, also, cooperate each other in virtuous and righteous deeds. We would restrain ourselves from casting aspertions, journalistic bashings and launching vilification campaigns agains each other. Moreover, our lives should portray the fact that we are each other’s friends, not foes.

  6. We shall sort out our non-agreed upon and disputed matters amicably with an open mind through amicable talks. Such matters, if any, would be presented before the Shariah courts wheresoever.

  7. We shall show patience and endurance coupled with to larence and forbearance in our collective life as well.

  8. Raising ourselves above the impediments of caste, creed and race, we shall always endeavour to strengthen our social fabric and harmonious co-existence. Further, we shall express the ultimate truth that the standards of greatness before Allah are based upon nothing but abstinence and piety.

  9. We pledge that we shall never define the credentials or foundations of our religion and faith on the parameters of our minor minor differences. And shall cling to each other like bricks in a skycraper, standing cemented with each other in our collective and milli life.

  10. Apparently, certain communal elements and foeces of political exploitation are trying desperately to segregate and divide Muslims on one pretext or the other as per a pre-conceived systematic plan. We Muslims shall foil and defuse all such plans and conspircies by way of the wisdom and sagacity characterized by a true Muslim.

 

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Islamic Fiqh Academy (India) (IFA) was established in 1988 at New Delhi under the guidance and supervision of the great known Islamic Scholars.

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