In the Name of Allāh,
the Entirely Merciful, the Especially Merciful
Praise is due to Allāh, Lord of the worlds, may the blessings and peace be upon our master Muḥammad, the last of prophets, on his family, and all his companions.
Resolution No. 155 (4/17) Reconciliation between Adherence to Fundamental
Principles of Islam and the Requirements of Citizenship outside Muslim Countries
The Council of the International Islamic Fiqh Academy of the Organization of the Islamic Conference, holding its 17th session in Amman, Hashemite Kingdom of Jordan, on 28 Jumādā al-Ūlā – 2 Jumādā al-Ākhirah 1427h (24–28 June 2006), Having examined the research papers submitted to the Academy concerning the Reconciliation between Adherence to Fundamental Principles of Islam and the
Requirements of Citizenship outside Muslim Countries,
Having listened to the discussions on the subject,
Resolves
First: Citizenship refers to the actual residence in a country and obtaining its nationality, whereas Islamic eternal axioms refer to the ideological, practical and ethical rules stipulated in the crystal-clear Shariah texts or gained full una- nimity of the Ummah, including preservation of the five fundamentals: religion, self, mind, progeny and property.
Second: Nothing in Shariah prevents the participation of Muslims who are outside the Muslim countries in the social, political and economic activities in these countries, as long as such activities do not conflict with the above state- ment, especially when the citizenship of Muslims in these countries requires them to do so provided that this participation does not threaten their identity Islamic personality.
Third: It is permissible for Muslims in the West, in case of disputes, to sue one another before secular courts when it is the only possible means for redeem- ing their rights or avoidance of injustice.
However, in lawsuits related to “personal and family matters,” Muslims should be committed to the rulings of Shariah through Islamic arbitration arrangements or resort to the binding fatwa.
Fourth: In Fatwā issuance, there must be no exceptions for Muslims in non-Muslim countries except in case of necessity, dire general need that creates
intolerable difficulty or severe inconvenience. In the case of exemption, rele- vant Shariah conditions of necessity and need should be strictly observed, and exemption should be confined to the actual degree of need or necessity.
Recommendations
- The Academy emphasizes the necessity of continuous interaction between Muslims in non-Muslim countries and Muslim countries and
- The Academy appeals to Muslim countries to support Muslims outside Muslim countries to strengthen their capabilities and Islamic existence by helping them establish schools, colleges and institutes for teaching Islamic religion and Arabic language and training Islamic preachers and Such support is quite essential for preserving the Islamic identity of Muslims outside the Muslim countries.
- Establishing an information center to develop and cover demograph- ic and historical data on Muslims outside the Member states of the Organization of Islamic Conference. Such a center may also cover data on social and political circumstances of Muslims outside the Muslim world and the activities of their Islamic organizations within a framework of a comprehensive survey of all aspects of life of these
- Assigning much importance to sophisticated training of Islamic preachers who can deal with Muslims’ realities and social environment outside the Muslim countries. Such preachers should be well-prepared with knowl- edge of language and familiarity with the social habits, traditions, politi- cal, intellectual, economic, and social circumstances of the societies where these Muslims live.
- Calling upon Islamic centers concerned with the affairs of Muslims out- side the Muslim countries to cooperate with the Fiqh academies and councils in their respective areas, which comprise members who live in the same environment and are acquainted with their same issues in order to intensify efforts to obtain and protect their religious rights and device appropriate Shariah solutions that suit their circumstances.
- Inviting Fiqh academies and councils outside the Muslim countries to cooperate and coordinate with the International Fiqh Academy as it is a reference Institution of the Ummah in matters of Fiqh and Islamic
Indeed, Allāh is All-Knowing.
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