تقنين عمل هيئات الفتوى و الرقابة الشرعية في المصارف الإسلامية : دراسة استقرائية تحليلية

الملخص EN

This research concerned with how to present a formula that could regulate all which cornered with Advisory Opinion Organizations and legitimate supervision, designed as Law Provisions that could lead to achieving the goals of these Organization and to insure the application of Islamic Sharia Provisions in all transactions of Financial Islamic Establishments, also aims to insure the importance of creating like these bodies in the financial establishments and not to be satisfied by just what issued by the different international organizations.

The importance of this research appears in dealing with many recommendations which be recommended by different Conferences and Symposiums and many researches which adopted many phases of research related to the Legitimate Supervision Organizations, which the research concluded in the importance of creating legal formula of Advisory Opinion Organizations and legitimate supervision.

The importance of this research also be clear in how to serve the community as per presenting these regulations that could help the banks and legitimate Organizations to be strictly with Islamic Law Provisions which reflected in the trust and satisfactory of clients as well as to be as best guarantees against the Financial Depression .

The research included many results as followings:- Included (13) sections and these sections have comprised (100) legal articles and more than (200) cases which come under these titles as: The definitions and Organizations vision, its message and goals, construction and foundation of Organization, Organization members and emanating executive committee ,specialization of the organization members and executive committees , means and kinds of supervision which enforced by the organization ,Organization’s meetings and sessions , financial rights , Advisory Opinion and decisions of Organization, responsibility of the Bank against the organization , Organization’s legal and legitimate responsibilities , report of the organization ,General provisions which what have mentioned in last section.

The conclusion embraced the researcher conformation about many important issues which work of the organization would not be in a good order unless be available, like independency, applicable and binding decisions , importance of upgrading abilities of organization’s cadres and executive committees as well as Modern technology trainings, the banker shall have enough acknowledge about Jurisprudence Banking Transactions.

I have also, recommended about the importance of this legality and the major role of adoption of this legality as to be as (constitution) in Banks and financial Establishments, Full time of organization’s cadres in legality of organization works, the advisory opinion (Fatwa) and supervision shall not be provided by the bank’s administrators and officers.