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New reading in the fatwas of Sheikh Bakri economic

The research in the field of Islamic economics requires conversant my knowledge economy and law, to varying degrees; though issuing fatwas legitimacy in the general economic issues, and financial transactions and private banking, requires a full and accurate understanding of the nature of these issues; because observed in some

Scientists and فقهائنا on the abundance of knowledge, and capacity inform them, that they are engaged in these issues of its sides and legitimate economic, although that some find it either jurist legitimate, does not have adequate knowledge of techniques such economic transactions which are constantly evolving, and either an economic expert but not fluent in the development of the legal provisions, .

So it was incumbent As such, to cooperate economic ties with al-Faqih, access to legal judgment appropriate for such transactions, as is the case in cooperation officials of Islamic banks with oversight bodies legitimacy has; or configure the synagogues of doctrinal global, comprising experts in economics and law to issue fatwas economic (Based in Jeddah / Saudi Arabia), Which is considered the most active in this area councils.

Perhaps among these jurists immigrants who pointed out to them, we find one of our flags and our esteemed scholars, Sheikh Abdul Rahman bin Omar Buckley, Almighty God's mercy mercy wide, and a good rest his soul, known as Sheikh Bakri, who collected his fatwas in the book “Fatwas Bakri”, These fatwas (Especially the economic ones) Fatwa by Sheikh in his life, and it may be a lot of Muslims work out, I feel compelled - after my knowledge it - to draw attention to what it came from conflict with the opinions of experts and scholars specializing in scientific law and economics,, which نرجعه to several reasons, the most important: The latter resulting from specialization and accurate understanding of such issues, as well as being issued by the judgment collectively is likely, in our diligence singles, this does not detract from the value of Sheikh nothing, and will not reduce God willing of his effort in guiding people, and wages to guide the community, .

We note here that we will not talk to all these opinions, it is not permitted by this article, but we will take, for example, those listed on the questions often posed by people, as they are in contemporary and transactions are common, in their daily lives.

Economic models of fatwas of Sheikh al-Bakri, and discussion:

For example came at pp. 209, of the first part of the following:

«I asked my brother about the loan provided by the government subsidy for farmers, employers and other industries: Do you justify taking it, because it includes a surplus, if زهيدا? »

Answer: «Loan provided by the government subsidy for farmers and employers industries and others - although surplus pittance - is not apparently of transactions usury, which deprived it of God text of the book, no, not what is stated in the Sunnah is forbidden, so that the bug prohibition of usury is to exploit the need for the needy, and eat his money .

The scientists agreed that every loan that brings benefit is riba, of any kind or origin, and whatever benefit or increase small or large, and whatever the purpose of the loan for Reconstruction and Development, or for spending and consumption, and that to say that the surplus here was زهيدا, means that [1].

Then he says Sheikh thereafter: «Wahba loan that brings a benefit, فالإثم not be only on the borrower, but the lender is, with that Sheikh was left out for saying peace be upon him: «May God curse consumes riba, and his client, writer, and شاهديه»[2], Said that the involvement of the principal here was because it helped Muharram in appearance, if not is intended to enable and help him Eater on Muharram fact, he is a sinner, I went to some scientists!. The strange here is that Sheikh make the illness in prohibition of usury earlier in the exploitation of the need for the needy, and make it here in helping the client to eat the forbidden, where the illness the truth in his eyes?

Came in the r 211 In response to a question about depositing money in a savings fund, the following:

«صندوق التوفير مصلحة حكومية، تودع فيها الأموال وتستغلُّها، والذين يودعون أموالهم فيها يودعونها لا على أنها قرض، وإنـَّما يتقدَّمون بها طائعين مختارين ملتمسين قبول المصلحة إياها، ويقصدون بهذا الإيداع تعويد النفس على الاقتصاد، ومساعدة الحكومة، وهما غرضان شريفان، كلاهما خير وبركة يستحقُّ أصحابها التشجيع، فإذا ما عيَّنت المصلحة لهذا التشجيع قدرا من أرباحها، منسوبا إلى المال المودَع أيَّ نسبة تريد، وتقدَّمت به إلى صاحب المال، كانت بدون شكٍّ معاملة ذات نفع تعاونيٍّ عامٍّ، يشمل خيرها صاحب المال والعمَّال والحكومة، وليس فيها مع هذا النفع أقلُّ شائبة لظلم أحد أو استغلال لحاجة أحد».

As stated in “Manual fatwas legitimacy in the banking business” Prepared by a group of economists and Shariah scholars, the following: «… As the legal description of the proper investment certificates as a loan with interest, and the provisions of the law in the Quran and Sunnah requires that interest identified in advance as a matter of usury increase Muharram, the benefits of these certificates, as well as the benefits of savings or deposit with interest, within the scope of usury increase, is not permissible for a Muslim to use [3].

It is understood from these fatwas that legal experts agree that the bank deposit - and deposit savings type them - applies the loan contract, and shall be subject to its provisions; and scholars assert that the benefits of savings from the Lord, the increase is forbidden, because they are defined in advance, and does not change from this prohibition is the fact that … In addition to other arguments.

Sheikh Bakri cites that Sheikh Muhammad Abduh, as well as his pupil Rashid Rida, had authorized deposit money in a savings fund and take profits, which it seems to us that these elders - with due respect to them and appreciation for their efforts - not Evgahmwa well the nature of the benefits, and how to calculate it in a savings fund, by virtue of not Specialization noted earlier, on the other hand, the arguments put forward by Sheikh Bakri in some usurious transactions holiday, such as,ar: Subsidy farmers and employers industries, and to bring the person money to a bank or savings fund obedient selected, and for the purpose of self-accustom on the economy… All this negated in the case of Islamic banks in the Islamic world, and in Algeria, and in our gutter (Ghardaia) In particular, something that was not in the reign of Sheikh Mohamed Abdou or Sheikh Rashid Rida, or even Sheikh Bakri himself; because these opinions were editing the first part of 1981, and the second part in 1982, as stated in the introduction parts, meaning that they were made of (Al Baraka Bank Algeria) 1991.

This was the Sheikh answered the same question in the second part of his fatwas, PO Box 416, in another way, where he pointed out that there are two opinions in taking profits Savings Fund: Passed and considered opinion of such speculation (And beyond these profits for speculative way)And the opinion embarrass (He did not say campus) To take those profits, and saw paid to the poor, and then in the latter said that the two views differed to take profits, and they agreed to put the money in the provident fund, because it is getting used to the economy, the government subsidy in urban projects, and the benefit of others. We do not know here what Sheikh said benefit to this agreement? (It is the opinion of the overwhelming majority of scientists) Prevents taking benefits from the savings fund, what is the benefit of putting money in it in the first place?

Then answers Sheikh after it another way completely different on the same issue, any savings fund, p 69 of Part II, saying the liquid: «If you open a title in progress Savings Fund, let structure accustom self on the economy, and saving for a time of need, and the happiness of the government on the construction and reconstruction, not the structure of development and investment, and the promenade of what is produced from the surplus, do not eat, but distributed to the poor».!!

If قارننا this opinion with the opinion contained in p 211 Of the first part, we found a clear conflict, personally I do not know yet what position Sheikh Savings Fund benefits, whether it is halal or haram?

Came on p 217 of the first part of this question: «… Who wants to buy a car facilities, means the company and negotiate with them in price and deadlines knows that request, and that it intends to split premiums amount, The turn Vtarafh company in the amount of each installment, has added (Of course) To the original sale value the amount of the surplus required by choice, to see whether the offers to purchase or does not offer ».

Here we find that the interest-Sheikh called surplus, perhaps because the term interest clearly shows the asthmatic process, even though it does not matter if the names became apparent Titles, as he sets out once again the idea of ​​choice, and as sufficient justification to deal with riba, then says: «وهناك يقدِّم المشتري للشركة – متى قرَّر الشراء – سندات في المبلغ، فتدفعها الشركة بدورها للبنك، وهذا يدفع لها المبلغ، فتكون الشركة قد باعت سيارتها نقدا حاضرا، والديْن حوَّلته الشركة على البنك، بعد أن يتأكَّد هذا من صلاحية المشتري، فيصبح المشتري حريفا للبنك مباشرة، ولم تعد له صلة بالشركة بتاتا»، ثم يسترسل: «Fsharaah permission to buy is true, it is nothing to prevent take place, nor what requires Anevsakhh».

Here Sheikh pointed to the key role played by the company in this process, so that makes them like Murabaha process, applied by Islamic banks, while at the same time tried to minimize the role of the Bank, he said, for buyers: «It was not between them and the bank of any agreement, not bargaining in taking a surplus of it or not», although it is known that the Bank plays the most important role in this process; as it negotiates with the customer in the total amount and how Tksath and paid, and the deadlines for it, and the amount of benefits .

If the operation was a way that explained Sheikh, and spent customer receipts and papers business for the company, which converts turn to the bank, they will not meet the full price, because he deserves after for even less than that, and this is what is called the process of the opponent, has proved jurists asthmatic this process ([4]).

The bottom line:

بعد هذا العرض الموجز لأهمِّ الفتاوى الاقتصادية للشيخ البكري، نريد أن نؤكِّد ما ذكرناه في البداية، وهو أنـَّنا لا نقصد من وراء هذا العرض مجاراة لأحد علمائنا الأجلاَّء، وإنما أردنا فقط التنبيه إلى ما شاب فتاواه في مجال معيَّن، وهو المعاملات المالية والمصرفية، بسبب عدم الإلمام بها، وما نتج عن ذلك من مخالفة هذه الفتاوى لتلك الصادرة عن علماء الأمَّة الإسلامية، والتي أصدروها بعد تحليل عميق لهذه المعاملات، ودراستها دراسة مستفيضة مع خبراء الاقتصاد والبنوك، كما نؤكِّد مرَّة أخرى أنَّ هذا لن ينال من قدر الشيخ أو من أجره عند الله، فقد وعد سبحانه وتعالى المجتهد بالأجر في كلِّ الحالات، فرحم الله الشيخ رحمة واسعة، ووفَّقنا لما فيه خير أمَّتنا وصلاحها، وآخر دعوانا أن الحمد لله ربِّ العالَمين.

On 8-10-1424 E

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[1] – D. Masmoudi companion, Dr.. Mohammed al-Abrash: Usury and interest, an economic study comparing; i 1: Dar thought, Beirut; 1999; p 158.

[2] – Narrated by Muslim, Ahmad and Ibn Majah.

[3] – Islamic Economics Center for International Islamic Bank for Investment and Development: Manual fatwas legitimacy in the banking business; Cairo, 1989; pp. 26

[4] – Look- Our message to the Master under the title: The development of short-term funding formulas for Islamic Banks; Institute of Economic Sciences, University of Algiers; 1998. Pp. 169, 170, 171.

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