Fiqh Council of North America
Encyclopedia
The Fiqh Council of North America is an association of Muslim
s who interpret Islamic law
on the North American continent.
Its 18 members issue religious rulings, resolve disputes, and answer questions relating to the Islamic faith
. As outlined in its by-laws, the Council's primary objectives include: "To consider, from a Shari'ah perspective, and offer advice on specific undertakings, transactions, contracts, projects, or proposals, guaranteeing thereby that the dealings of North American Muslims fall within the parameters of what is permitted by the Shari'ah." The Council's opinions are not binding. One of the Council's rulings was that it is permissible for a Muslim to attend a Thanksgiving
celebration.
(ISNA) after ISNA was founded in 1980, and then into the Fiqh Council of North America in 1986. The Council is still affiliated with ISNA.
, a task force created to track and disrupt terrorist financing
. No arrests were made, and the Council denies any links to terror financiers, and has no official links to charities (the search was because a few board members publicly contributed to numerous Islamic charities in America and abroad).
The raids led to the convictions of two people, including Abdurahman Alamoudi, who worked for the SAAR Foundation. Alamoudi admitted that he plotted with Libya to assassinate the Saudi ruler and was sentenced to 23 years in jail.
The fatwa did not specifically address terrorism against military targets during a war such as in Iraq, and there is no mechanism for civil enforcement of the fatwa. Furthermore, it did not define "terrorism" or "civilians".
Dr. Muzammil Siddiqi, Chairman
Shaikh Muhammad Nur Abdullah, Vice Chairman
Dr. Zulfiqar Ali Shah, Executive Director
Dr. Mohammed Adam El-Sheikh
Dr. Jamal Badawi
Dr. Ihsan Bagby
Shaikh Abdur Rahman Khan
Members:
Dr. Deina Abdelkader
Dr. Muhammad Akbar
Mrs. Zainab Alwani
Dr. Muneer Fareed
Shaikh Mohammed al-Hanooti
Imam Yahya Hendi
Dr. Yusuf Z. Kavakci
Dr. Muhammad Qatanani
Imam Hassan Qazwini
Dr. Ahmad Shleibak
(updated as of Jan 2009
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
s who interpret Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
on the North American continent.
Its 18 members issue religious rulings, resolve disputes, and answer questions relating to the Islamic faith
Islam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
. As outlined in its by-laws, the Council's primary objectives include: "To consider, from a Shari'ah perspective, and offer advice on specific undertakings, transactions, contracts, projects, or proposals, guaranteeing thereby that the dealings of North American Muslims fall within the parameters of what is permitted by the Shari'ah." The Council's opinions are not binding. One of the Council's rulings was that it is permissible for a Muslim to attend a Thanksgiving
Thanksgiving
Thanksgiving Day is a holiday celebrated primarily in the United States and Canada. Thanksgiving is celebrated each year on the second Monday of October in Canada and on the fourth Thursday of November in the United States. In Canada, Thanksgiving falls on the same day as Columbus Day in the...
celebration.
Origins
The Council's origins lie with the Religious Affairs Committee of the Muslim Students Association of the United States and Canada in the early 1960s. The Committee evolved into the Fiqh Committee of the Islamic Society of North AmericaIslamic Society of North America
The Islamic Society of North America , based in Plainfield, Indiana, USA, is a Muslim umbrella group. It has been described in the media as the largest Muslim organization in North America.-History:...
(ISNA) after ISNA was founded in 1980, and then into the Fiqh Council of North America in 1986. The Council is still affiliated with ISNA.
Operation Green Quest
In 2002 the Council was searched by federal agents as part of Operation Green QuestOperation Green Quest
Operation Green Quest was a United States Customs Service-sponsored interagency investigative unit formed in October 2001 after the September 11 attacks, and concerned with the surveillance and interdiction of terrorist financing sources...
, a task force created to track and disrupt terrorist financing
Terrorist Financing
Terrorist financing came into limelight after the events of terrorism on 9/11. The US passed the USA PATRIOT Act to, among other reasons, attempt thwarting the financing of terrorism and anti-money laundering making sure these were given some sort of adequate focus by US financial institutions...
. No arrests were made, and the Council denies any links to terror financiers, and has no official links to charities (the search was because a few board members publicly contributed to numerous Islamic charities in America and abroad).
The raids led to the convictions of two people, including Abdurahman Alamoudi, who worked for the SAAR Foundation. Alamoudi admitted that he plotted with Libya to assassinate the Saudi ruler and was sentenced to 23 years in jail.
Fatwa
- Terrorism: In July 2005, the Council issued a fatwaFatwaA fatwā in the Islamic faith is a juristic ruling concerning Islamic law issued by an Islamic scholar. In Sunni Islam any fatwā is non-binding, whereas in Shia Islam it could be considered by an individual as binding, depending on his or her relation to the scholar. The person who issues a fatwā...
stating Islam's condemnation of certain terrorism and religious extremism. The fatwa said: 1) all acts of terrorism targeting civilians are haramHaraamHaraam is an Arabic term meaning "forbidden", or "sacred". In Islam it is used to refer to anything that is prohibited by the word of Allah in the Qur'an or the Hadith Qudsi. Haraam is the highest status of prohibition given to anything that would result in sin when a Muslim commits it...
(forbidden), 2) Muslims are forbidden to cooperate with any individual involved in terrorism or violence, and 3) Muslims must cooperate with law enforcement authorities to protect the lives of civilians.
The fatwa did not specifically address terrorism against military targets during a war such as in Iraq, and there is no mechanism for civil enforcement of the fatwa. Furthermore, it did not define "terrorism" or "civilians".
- Capital Punishment: The Council has issued a fatwaFatwaA fatwā in the Islamic faith is a juristic ruling concerning Islamic law issued by an Islamic scholar. In Sunni Islam any fatwā is non-binding, whereas in Shia Islam it could be considered by an individual as binding, depending on his or her relation to the scholar. The person who issues a fatwā...
calling for a moratorium on Capital PunishmentCapital punishmentCapital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
in the United States, based on the fact that several of the presupposed requirements for the carrying out of the law, according to ShariaShariaSharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
, are not being met in most cases:
Islam is a complete, comprehensive, inter-related and inter-dependent way of living. As such, criminal law is only one aspect of it, aiming at protecting individual and society. It pre-supposes the full implementation of its other aspects.
Before meting punishments for crimes, Islamic law requires the removal of the causes of such crimes. For example, social and economic justice is means of crime prevention, as they remove the causes and motives of many crimes. Even when this is done, due process of Islamic Law must be followed, including strict rules of evidence and the absence of any doubt or extenuating circumstances (shubuhaat) surrounding the crime.
Furthermore, Islamic law recognizes the rights of the heirs of the victim to demand punishment or forgive the murderer with or without monetary compensation (a feature which is lacking in current secular Western criminal laws).
Numerous reports point out to the presence of biases and inequalities in the implementation of capital punishment in the USA (especially due to racism). Therefore the FCNA (an affiliate of ISNA) supports an interim moratorium on capital punishment in cases where there is no coerced confession or in the absence of any shubuhaat in the Islamic legal sense (Fiqh). Meanwhile, all measures must be taken to deal with the problem of the roots by removing such inequities and biases.
Criticism
Professor Abou El Fadl, a University of California law professor, said in 2001 that the Council lacked authority among Muslims in the US.Executive Committee and members
Executive Committee:Dr. Muzammil Siddiqi, Chairman
Shaikh Muhammad Nur Abdullah, Vice Chairman
Dr. Zulfiqar Ali Shah, Executive Director
Dr. Mohammed Adam El-Sheikh
Mohammed Adam El-Sheikh
Sheikh Mohamad Adam El-Sheikh is a Sudanese/American executive director of the Fiqh Council of North America.-Education:He graduated from the faculty of Shari’ah and Law, Omdurman Islamic University, Sudan, in 1969....
Dr. Jamal Badawi
Jamal Badawi
Jamal A. Badawi is an Egyptian born Muslim Canadian former professor in the Sobey School of Business, Saint Mary's University in Halifax, Nova Scotia. He is a well-known author, preacher and speaker on Islam....
Dr. Ihsan Bagby
Shaikh Abdur Rahman Khan
Abdur Rahman Khan
Abdur Rahman Khan was Emir of Afghanistan from 1880 to 1901.The third son of Mohammad Afzal Khan, and grandson of Dost Mohammad Khan, Abdur Rahman Khan was considered a strong ruler who re-established the writ of the Afghan government in Kabul after the disarray that followed the second...
Members:
Dr. Deina Abdelkader
Dr. Muhammad Akbar
Mrs. Zainab Alwani
Dr. Muneer Fareed
Muneer Fareed
Muneer Goolam Fareed, born , is a Muslim scholar and the former Secretary General of ISNA .Muneer Fareed is a South African citizen of Indian descent....
Shaikh Mohammed al-Hanooti
Mohammed al-Hanooti
Mohammed al-Hanooti is a former Imam of the Dar Al-Hijrah mosque in Falls Church, Virginia...
Imam Yahya Hendi
Dr. Yusuf Z. Kavakci
Dr. Muhammad Qatanani
Imam Hassan Qazwini
Dr. Ahmad Shleibak
(updated as of Jan 2009
External links
- Official Web Site
- Educational Addendum: Understanding Your Rights, "Muslim Americans And Shari'ah", by Robert D. Crane, Yusuf Talal and Robert D. Crane, IslamiCity
- U.S. Muslim Scholars Issue Edict Against Terrorism, report by Jason DeRose, NPR, July 28, 2005