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Fatwa about Concerning Petroleum and Gas Law

Sunday, September 02 2007 @ 05:59 PM CDT

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Recently Petroleum and Gas Law proposal was submitted to members of The Iraqi parliament, after a great pressure of American and British occupation forces for voting and confirming.


The AMSI has issued the following fatwa in conformity with Islamic religion point of view after it has issued its declaration Nr. 382 on 06/03/2007 emphasizing that this law is being issued in context with occupation requirements and signed by the politician came with, by this law a greatest national wealth, the possession of Iraqi people, will be wasted.







The Fatwa



In the name of Allah, the Compassionate the Merciful,



Allah said :( O ye that believe! betray not the trust of Allah and the Messenger, nor misappropriate knowingly things entrusted to you).1



Therefore, all properties originally are the possession of Allah, all properties belongs to him, he said :( To Allah belongeth the dominion of the heavens and the earth; and Allah hath power over all things)2 and said: (Give them something yourselves out of the means which Allah has given to you ).3



Islam has declared that a human being can possess properties in accordance with a certain manner known as reasons of possession, so it must clear that a possession right would not be fixed unless a religious confirmation and confession, as the religion is the source of the Law and the rights would not be confessed unless with the religion, and also the rights in the religion are not natural rights came by thought, but they are Allah’s gift to the human being according to evidences related.



The has classified the properties into three kinds: individual properties, common properties and properties of the State. We are interested in this Fatwa with the common properties:



The common properties give the right people of that place participate in the beneficiaries of that property, and the evidence that realized in the property is designated by the people that the property related to the group, Prophet Muhammad (puh) said : ( The people are partner in three matters Water, Green land and Fire), the common properties are prevented to be possessed by an individual or a Direction or a State, but definitely belonged to group, and are not inclusive into individual, sect or ethnic and the State properties, and the meaning of State in this matter is to control supervise these properties in favor of the the people, the common properties are realized in three subjects:



1. The materials that can not be cut (not limited) such as Petroleum, gas, sulphur (sulfur), phosphate… etc.



2. All installations related to the group as squares and outside areas.



3. Things that cant not be managed by individuals as Rivers.







According to the mentioned, the following are recorded:



First : Petroleum is a General Property, as it is materials that can not be cut (not limited), so it is the possession of Muslim State nation, and no one can practice on it unless otherwise stated by a religious confirmation and its fiqh regulations. Therefore is forbidden in any case to handle it unless agreed by religious law.



The forbidden evidence is stated in the Holly Quran :( O ye who believe! Eat not up your property among yourselves in vanities)4 and the Prophet sayings: (Property of a Muslim is forbidden unless his own consent is exsisted) and said (your properties and your blood are forbidden to be managed by the States).



Second : Allah has gave the juridical ruler the first responsibility for herds affairs, and represents all such matters of disabled individuals or general property affairs as Prophet Muhammed (S) has mentioned in his hadith : (Allah will ask every shepherd for the properties that was under his responsibility even the property that lost as well), and (every one of you is a shepherd and responsible for the herds, as the imam is responsible of the followers) and in another hadith he mentioned that : (Sultan is ruler of whom has no ruler), in these subject there are evidences that can be considered as a guidance background of how the relations must be between the rulers or leaders and the people i.e nation, and will not to deceive them that harms their benefits, however, the leader whom has no authority and can not rule the territory freely, must not sign or undertake any agreement or treaties in name of the nation, such as being under invasion of unjust occupantion or unsettled political situation that the people can not express about their volition freely.



So in any case, any leader or ruler which these reasons are applied can not discuss such matter or sign contracts, and such agreements are considered in the religious point of view invalid, Allah has mentioned in the Holy Quran :( O ye who believe! fulfill (all) obligations)5 the meaning of the Quran text is the necessity of justice burdened upon the leaders in connection with nations.



Third : The leader must arrange a trustful Administration which deals with the common properties under the control and consent of the nation, and avoid individual decisions, and financial accounts should open and clear in front of nation.



Forth : It is forbidden to a leader of mulim country to make the properties available to non muslims or wrong people, as the nation of that muslim country has the rights in that property.



Fifth : The expertise has to confirm this law, and what could include of contracts that are against the general benefits.



The Petroleum and Gas law that expected to be submitted to recent Iraqi parliament has been studied by qualified Iraqi expertise especially in Petroleum by arranging lectures regarding this matter and informed to the public by the media facilities – this law includes a great waste in this priceless wealth and give the availability to giant companies of occupation countries and others to impose their dominance upon it, in addition to the mentioned, there is plenty of corruptions in the structure of its confirmation that could weaken the country and may shaken the security of the country.



Sixth : Every muslim has to know that voting or having the most common opinion would not be in such matters regarding the religion, Allah said It is not fitting for a Believer, man or woman, when a matter has been decided by Allah and His Messenger to have any option about their decision: if any one disobeys Allah and His Messenger, he is indeed on a clearly wrong Path).6



From this point and what has been mentioned above, this is considered void and null from the stand point of islam religion if the members of the Ministers Council have confirmed, and should be interrogated and settle outstanding accounts over it.



In addition, it is religiously forbidden to the members of the recent parliament to vote in favor of the law or confirm it in any case, the angriness of Allah will be upon who will agree and will be considered as the assistant of the enemy in taking the common properties wrongfully, more over considered as faithless to Allah and his Prophet Muhammed.


AMSI Fatwa Section

19 Dhamidhial Akher 1428 / 4 July 2007


http://www.uruknet.info

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