Criteria for controlling fatwas in Islamic banks

Criteria for controlling fatwas in Islamic banks

Abstract Islamic banks have appeared and their growing activity has grown rapidly, and with their emergence, the Sharia Fatwa Boards responsible for the fatwas of those banks appeared in terms of the approval of their actions to Islamic Sharia. With the different and multiplicity of Sharia boards, the fatwas have multiplied and varied, which led to a difference in the practical applications of Islamic financial products in the transactions and contracts that applied, and even questioning the credibility of those banks and accusing them of following abnormal fatwas and weak opinions, and from here this research came to show the need for the presence of basic components in the Sharia supervisory boards to ensure that the work is carried out correctly and in accordance with Islamic law, and then the research set standards that guarantee the independence of the decisions of the Sharia boards in Islamic banks Its impartiality he called standards of Sharia compliance, and the development of proposals that include standards for work and standards for organization, and the research stressed the need to refer to decisions and provisions issued by collective ijtihad, so that all of the above contributes clearly to the unification and control of fatwas and leads to the control of the work of the bodies and the impartiality of the decisions issued by them, in addition to that It shall be a basis upon which all legal bodies shall rest and fall It does not lead to the control of the fatwas issued by it. The research concluded that access to disciplined fatwas, far from any pressures or conflict of interests, must be subject to the standards of legal commitment that the research clarified, in addition to taking into account the importance of collective ijtihad, which clearly contributes to the unification and control of fatwas.

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  • Al-Baali, Abdul Hamid (2005). Effective Shariah Supervision in Islamic Financial Institutions, Research Presented to the Third World Conference on Islamic Economics, Umm Al-Qura University, Saudi Arabia
  • Bayraktar, Muhammad Yunus (2008). Controls for selecting members of Shariah supervisory boards in Islamic financial institutions, a working paper presented to the Seventh Conference of Shariah Bodies of Islamic Financial Institutions, May 27-28, 2008, Kingdom of Bahrain.
  • Al-Khelaifi, Radi Mansour, a paper presented to the third conference of Shariah bodies, which was titled: “The Work of Shariah Bodies between Individual Consultation and Institutional Professionalism”, on 9-10 Sha’ban 1424 Corresponding to 5-6 October 2003 AD, Kuwait
  • Daoud, Hassan Youssef (1996). Sharia Supervision in Islamic Banks, International Institute of Islamic Thought, Cairo
  • Al-Raissouni, Ahmed, Collective Ijtihad, Research Presented to the Symposium “Fatwa and Its Controls” organized by the Fiqh Council of the Muslim World League, Makkah Al-Mukarramah
  • Al-Zuhaili, and Heba Mustafa, Collective Ijtihad, Research Presented to the Fatwa Conference and its Regulations, which is organized by the Fiqh Academy of the Muslim World League, Makkah Al-Mukarramah Al-Zaidaniyin, Hiyam Muhammad Abdul-Qader (2013). Shari’a Supervision of Islamic Banks Between Rooting and Application, Dirasat Journal, Shari’a and Law Sciences, University of Jordan
  • Al-Salami, Muhammed Mukhtar (2011). The impact of the different fatwas of Shariah bodies, a research presented to the Second Doha Conference (Islamic Banking between Reality and Hope), held in Doha, October 10, 2011.
  • Al-Suwailem Sami (2009). Tawarruq and the Organized Tawarruq: pg. 206, a paper presented to the seventeenth session of the Islamic Fiqh Academy, Journal of the Islamic Fiqh Academy
  • Al-Shubaili, Youssef bin Abdullah (2009) Sharia Supervision of Banks, a paper presented to the nineteenth session organized by the International Islamic Fiqh Academy, Sharjah, United Arab Emirates.
  • Osmani, Muhammad Taqi, Collective Ijtihad, Research Presented to the Conference “The Fatwa and its Regulations”, which was organized by the Fiqh Council of the Muslim World League for the period from January 17-21, Makkah Al-Mukarramah
  • Omar, Muhammad Abdel Halim, a paper presented to the third conference of Shariah bodies, which was titled: “The Work of Shariah Bodies between Individual Consultation and Institutional Professionalism”, on 9-10 Sha’ban 1424 corresponding to 5-6 October 2003 AD.
  • Issa, Adam Musa (2009). Conflict of interest, research presented to the Eighth Conference of Shariah Bodies, Accounting and Auditing Organization for Financial Institutions, Bahrain.
  • Faddad, Al-Ayashi Al-Sadiq (2009). Conflict of interest in the work of Shariah bodies, a paper presented to the 8th Shariah Conference, Accounting and Auditing Organization for Financial Institutions, Bahrain.
  • Al-Qattan, Muhammad Amin (2008). Sharia Supervisory Bodies, Research Presented to the Seventh Conference A committee of professors, economists, Shariah experts and bankers, evaluating the work of the Shariah Supervisory Board in Islamic Banks. Muhammad Amin. Shariah Supervisory Bodies Accounting and Auditing Organization for Islamic Financial Institutions (2004), Accounting Standards and Audit and controls for Islamic financial institutions.