بحوث مؤتمر المصارف الإسلامية بين الواقع والمأمول ج 61

د. إبراهيم عبد اللطيف إبراهيم العبيدي مؤتمر المصارف الإسلامية  بين الواقع والممول  المواقع الإلكترونية: - الفتلاوى المتضاربلة أوجدت الاضطراب في الفقه الاقتصلادي، مجموعة من الباحثين، تم نشره 46 www.iifef.comفي جريلدة الاقتصاديلة وأعاد نلشره موقع الهيئة الإسللامية للاقتصاد والتمويلل . 0/02/2007 www.qaradawi.net - 47 * * *

دراسة لهيئات الفتوى والرقابــة الشرعيـة في المؤسسات المالية الإسلامية واقعا وتقييما(تعارض الفتوى أنموذجا)  مؤتمر المصارف الإسلامية  بين الواقع والممول  individuals. It also included some solutions and suggestions to get out from the difficulties of contractions of Fatwa>s. Allah guides to the right path .His blessing and prayers be upon his prophet Mohammad (Peace Be Upon Him) and his family. Dr: Ibrahim Abdul Lateef al Aboidi * * *

د. إبراهيم عبد اللطيف إبراهيم العبيدي مؤتمر المصارف الإسلامية  بين الواقع والممول  In order to project this subject and to find put a solution to this; this research has been carried out. This consists of an introduction and three studies. In the introduction, I have described the theme of the research and its base and then I followed it up with three studies and a conclusion to discuss the reality of this institution and to evaluate it with a ground study of some of the legal opinions and resolutions issued regarding that. First study looks in to: the legal opinion and its place and value in the Islamic law and the most important conditions and qualifications to be a Mufti. The second study discusses about the legal supervision on the Islamic financial institutions, its understanding and its legal proofs and its adjustment. The third study will highlight the contradictions between legal opinions of legal supervision authorities in the financial institutions, which are the sole of the study. In the three studies, also there are discussions on the origin of the research. In the first search, there is the meaning of the contraction while the second search explained the reasons of differences of scholars in the Islamic banking issues. Third search looked in to the examples of contradictions of legal opinions between the organizations of legal supervision and examples of contradictions have been produced as follows: First example: between tawarruq and the followed developments in the practical applications . Second example: the issue of forcing with promises in selling of release with an advance. The third examples: issue of delay of debtors and rich of payment The conclusion has explained: some suggestions and solutions to how to deal with the contradictions of legal opinions with a vision on the incidents of the organizations of Fatwa>s and legal supervision and some of its

دراسة لهيئات الفتوى والرقابــة الشرعيـة في المؤسسات المالية الإسلامية واقعا وتقييما(تعارض الفتوى أنموذجا)  مؤتمر المصارف الإسلامية  بين الواقع والممول  In the name of Allah, Most Gracious, Most Merciful SUBJECT: INTRODUCTION TO THE RESEARCH An Evaluative and Realistic study on Authorities of Formal Leal Opinion and Legal Supervision in the Islamic Financial Organizations CONTRADICTIONS OF LEGAL OPINIONS WITH EXAMPLES All praises be to Allah and his peace and blessings be upon whom there is no prophet after him and his family and all companions. The Legal Opinion and Legal Supervision authorities are considered equaling to the heart of Islamic Bank. From it blood is coming out and feed the other depts. of the bank through arteries ( Legal Supervisors ) and it goes to it through nerves ( questions , enquiries and legal opinions ,once again to purify and send it with good flow to the other parts of body ( the bank ) . Therefore it must be free from all darts so as to guaranty the safety of all the people. From this point, it is not necessary for the course of research to end in a particular end because the banking activities are growing and developing and the spread of Islamic banking is in a continuous increase . The one who follows the happenings in the Islamic financial institutions , will notice that one of the most difficulties it suffers from today is the diversity in legal opinions the Legal Supervision and Legal opinion authority in the Fatwa>s on some of the banking transactions .In addition to that, its contradictions in legal opinions in one issue .An Authority of legal opinion and legal Supervision is issuing a fatwa contradicting the another fatwa issued by other legal opinion and legal supervision authority in the Islamic financial institutions , in the same issue .