Introduction

The Muslims were not in need to diligence during the epoch of the prophet Mouhammad -May peace be upon him- who was legislating injunctions.

The emergence of new issues after his death -may peace be upon him-lead his companions to undertake the task of diligence.

They gathered the well known Sahaba in fatwa (legal opinions) to examine the exposed matter.

In the course of time, the novel issues increase particularly in our epoch required the enlargement of diligence.

I- The need to collective diligence

The complexity of modern life and the appearance of new matters in various domains needed many Ulemas in order to show their legal stances, among theses domains:

- Economic and financial domains: the appearance of banks, different companies, and concluding many economic contracts by modern means of communication.

- Medical domain: organ transplantation, cloning…

The solving of these issues and others need experts and specialists in different domains, and the ulemas of sharia.

II- Organizing the collective diligence

1- It is necessary to establish an organization or more which comprehends specialists.

2- The members that form the diligence organization must be illegible.

3-The presence of experts    in different domains is necessary. The Almighty Allah Said: «And no one can tell like the One who is All-Aware». [Sûrat Fâtir/The Originator, verse14] and He Said: «So ask any knowledgeable one ». [Sutra Al furqan/The Criterion, verse 59]

4-The agreement of ulemas on a matter is considered as unanimity according to its deepest meaning. In case of their disagreement the most probable and sound opinion is to be considered.

5-The execution: the intervention of the ruler is obligatory for the execution of the rules in case of disagreement, according to the Fiqh rule which stipulates: "The opinion of the ruler ends the disagreement".

III-The fiqh complexs

1- The Islamic researches complex: it is located in Al Azhar in Egypt. It was founded in 1381 Hegira which corresponds to 1961 A.D.   It is the highest institution of the Islamic researches.

A- The conditions of adherence to this complex

The adherent must be:

- 40 years old.

- God fearing and pious.

- A good mannered (virtues).

- Scientific capacities.

- He must have abundant researches of Islamic studies.

B- Its achievements

It issued many resolutions and fatawas among them:

1- The benefits obtained from all kinds of loans are usurious. There is no difference between the consumption loan and the production loan. These kinds of loans are absolutely prohibited by the Holy Koran and the Sunna.

2- A great or small amount of usury is forbidden. The Almighty Allah Said: «O you who believe! Do not devour usury multiplying it over. ». [Sûrat Âl' Imran/ The family of Imran].

3- Lending by usury in case of common consent is also prohibited, but is allowed in case of necessity. the Almighty Allah Said: «…But whoever is constrained by necessity, not out of insolence, nor, with the intention of repeating it, then no sin is on him. Surely Allah is all –Forgiving, All Merciful. » [Sûrat Al Baqara/the Heifer, from the verse 173].He also Said: «…But whoever is compelled by hunger, and not inclining purposely to sin, then Allah is All –Forgiving, All Merciful. » [Sûrat Al Mâ'idah The Table Spread, from the verse 3].

Therefore need holds the position of necessity.

4-The following banks' transactions: foreign accounting, spending cheques, inner bills of debt between buyers and banks are permitted.

2- Fiqh Complex of the Islamic World League: It was founded in Mecca in 1398 Hegira, which corresponds to 1978 A.D.

Its achievements.

It delivered many fatawas among them:

-Taking an organ from an alive person and transplant it into another who is in need of it to save his life or to bring back his organ's main function is allowable.

The Islamic Sharia allows the transplanting of the organs if the following conditions are fulfilled:

-This operation must not harm the donator.

- The donator must give his organ willingly and not compulsorily.

- The organ transplantation must be the only medicinal means for saving the patient.

- The rate of success in the extraction and transplantation must be achieved in general cases or nearly.

2- Taking off an organ from a dead person is permitted if the following conditions are fulfilled:

- The dead must leave a testimony.

-The dead's family must consent the operation.

Fiqh complex of the Islamic Congress organization:

It was founded in 1403 Hegira which corresponds to 1983 A.D.

A- Its Objectives:

- Achieving Islamic union theoretically and practically through human behaviours.

- Relating the Islamic nation to its belief and studying the contemporary matters.

B-The adopted means:

1- Setting a dictionary of Fiqh terms.

2- Writing Islamic Fiqh in a simple and modern way.

3- Cooperating and coordinating with the other fiqh complexes.

4- Codifying the Islamic Fiqh.

5- Encouraging Fiqh researches in different universities.

6- Establishing researches centers for the Islamic studies.

7- Spreading the researches of the Fiqh complex by all possible means.

8- Working on the survival of the Islamic Fiqh patrimony, protecting the Ussul of Fiqh (the rudiment of Fiqh), and caring for the ethics of difference.

Its achievements:

1- Issuing the resolutions (decisions) concerning the depositing interests in banks in 1406 Hegira which corresponds to 1966 A.D. The decision stipulated that:

- Any interest on the debt whose final term is reached without being paid is prohibited.

- Governments must encourage the existing Islamic banks.

2- In 1983, the first congress of the Islamic Bank was held.

 

Conclusion

1- Individual diligence alone is not sufficient because of the difficulties of the new matters, for that the collective diligence is necessary.

2-The Muslim nation is still living a great worries; therefore the efforts of its ulemas are very necessary and important.

3-It's very necessary to burst out the Muslim youths’ latent talents or abilities in order to serve their religion (Islam).

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