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promoting Shariah -compliant
finance portray it as just another form of " socially responsible" or " ethical"
investing. They fail to explain to investors what Shariah is, much less its
intimate connection to Islamic fundamentalism and violent jihad against the
non -Muslim world. The post -9/ 11 investor ( Muslim and non -Muslim alike)
has a material interest in knowing if this so- called " socially responsible,"
19
Shariah, Law and `Financial Jihad': How Should America Respond?
ethical" investment serves to legitimate, reinforce and perhaps underwrite
a doctrine of war against the United States.
To the extent that SCF transactions generate revenue streams —notably,
via zakat and /or " purification" —that migrate to Islamic " charities," investors
are also entitled to know the true character of the recipients and the purpos-
es to which such funds will be placed. It is highly relevant, for example, that
the three largest Muslim charities in the United States ( i. e., the Holy Land
Foundation, Benevolence International Foundation, and the Global Relief
Foundation) have been shut down after the government determined they
were funding terrorist organizations.
Proliferation of SCF products in the United States
U. S. financial institutions are increasingly introducing SCF counterparts to
the traditional products they have on offer. For example, SCF bonds (sukuk),
SCF mutual funds, SCF mortgages, SCF insurance, SCF hedge funds and
SCF Real Estate Investment Trusts ( REITS) have recently been introduced
or are expected to be launched in this country by the end of 2008. Sukuk
are by far the most common, with total issuance aggregating $ 37. 7 billion
in the 2007 third quarter —a growth of 110. 7 percent over the previous year.
Seven years ago, the total yearly number was just $ 336 million.
Some U. S. financial institutions, such as Merrill Lynch and Citibank,
received large investments from sovereign wealth funds from Islamic
countries following the sub -prime mortgage crisis. Significantly, at the
same time these U. S. financial institutions were creating Shariah-
compliant products. Key institutional drivers of this SCF market are:
1. specialized law firms such as King and Spalding, Patton Boggs, Gibson
Dunn, and Gersten Savage;
2. Shariah consulting firms such as Shariah Capital;
3. Shariah Index Providers such as Dow Jones, HSBC, S & P and FTSE;
4. accounting firms,
5. software providers, and
6. global banking institutions such as Barclays, Merrill Lynch, UBS,
Deutchebank, Morgan Stanley Capital, Citibank, UBS and
Goldman Sachs.
20
Chapter 4:
The Shariah Advisors
hariah advisors are the key element in the infrastructure of Shariah-
Compliant Finance ( SCF). Understanding the role of Shariah
finance advisers is essential to understanding how SCF works.'
The Shariah scholars employed as SCF advisors are not simply the peo-
ple who enable Shariah -Compliant Financial transactions. In fact, they have
de facto control over capital and credit flows associated with SCF.
Interestingly, there are very few SCF advisors today, perhaps fewer than
one hundred of them in the entire world. Of these, approximately two dozen
are considered the " rock stars" of the industry— individuals who not only are
recognized Shariah authorities but who read and speak English and have
some knowledge of finance. Typically, each one of these preeminent advi-
sors sits on between 20 and 25 Shariah boards, garnering substantial
incomes. One of the " rock stars" can easily command $ 50,000 per year
from each of the boards on which he sits.
In this fashion, SCF financial institutions are underwriting —and, thereby,
enabling —some of the worst Jihadists in the world. Very few of them have
any credentials in economics or finance. Most have been educated in the
madrassas and Shariah studies programs of Saudi Arabia, Pakistan,
Malaysia or Egypt's Al Azhar University.
Naturally, these SCF authorities are adherents to Shariah and, therefore,
seek to transform America —and, indeed, the world —into an Islamic state.
The following brief biographies of several of the most prominent SCF
advisors underscore the folly of allowing such men to play a decisive role
in Western financial markets.
Sheikh Yusuf al-Qaradawi
Sheikh Qaradawi is an Egyptian Islamic scholar and one of the most
prominent Islamists of the past few decades. A well -known Muslim
Brotherhood member, a television preacher and a theoretician of jihad, he
is considered a top spiritual authority by most Sunni Islamist organizations
and movements. He is particularly influential among Islamists in the
Western world as chairman of the European Council on Fatwas and
Research and the International Association of Muslim Scholars.
Background
Qaradawi was born September 9, 1926 in Egypt. He became a follower of
Hassan al -Banna and also joined the Muslim Brotherhood in his youth,
s Sources for Chapter 4 will be included with the whitepaper " Profiles of Shariah Advisors" by Alex
Alexiev, to be released for publication August 2008 at http:// www c. enterforsecuritypolicy.org.
21
The Shariah Advisors
and was arrested several times by Egyptian government authorities
between 1949 and 1961 because of his activity in the Muslim
Brotherhood. Qaradawi moved to Qatar in 1964 and has been residing
there ever since. He was banned from the United States in 1999 and from
the United Kingdom in 2008.
Qaradawi' s religious education is extensive. He received his PhD. from Al
Azhar University in Cairo in 1973. His dissertation was about "Zakat and its
influence in the Solution of Social Problems." He attended the AI -Azhar
Theological Seminary. He obtained the High Preliminary Study ( equivalent
to MA degree from the department of the Sciences of Qur' an and Hadith at
the Faculty of Theology) in 1960. Previously, he had received the ' Ijaza of
teaching from the Faculty of Arabic language in 1954, attended AI -Azhar
Institutes for his primary and secondary stages, and joined the Faculty of
Theology and got the `Aliyya certificate ( equivalent to BA degree at present)
in 1952 -53.
His professional experience includes work as a Professor at the University
of Qatar, as Shariah Faculty Teacher ( khatib) and Writer at AI -Awgaf and
AI- Azhar, and as Grand Mufti of the United Arab Emirates ( UAE).
Qaradawi' s affiliations with Islamist Organizations are often
in leadership positions:
Member —Muslim Brotherhood
President —The European Council for Fatwa and Research ( ECFR),
Dublin, Ireland.
President —Union of Good ( an umbrella group of 56 Muslim charities
accused of funding Hamas terrorism), Saudi Arabia
Founder and President— IslamOnline. com ( perhaps the most popular
Islamist web site on the Internet)
Chairman ( in absentia) —Board of Trustees of Islamic American
University
Faculty member —Islamic American University ( IAU)
Founder and president —International Association of Muslim Scholars
IAMS), Dublin, Ireland
Host— "Shariah and Life" television program, Al Jazeera Television,
Qatar
Trustee/ Teacher— Muslim American Society ( MAS),
Trustee/ Teacher— Islamic Circle of North America ( ICNA)
Board of Advisors —Institute for Islamic Political Thought in the UK
Dean — Islamic Department at the Faculties of Shariah and Education
in Qatar
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Shariah, Law and `Financial Jihad': How Should America Respond?
Chairman —Islamic Scientific Councils of Algerian Universities and
Institutions
Affiliations with Shariah Finance
Chairman —Shariah Advisory board of Bank AI- Taqwa, a Nassau -
Bahamas registered Islamic bank which was declared a designated
terrorist entity by the US Department of the Treasury in 2001 and
closed down.
Chairman —Shariah Advisory Board, Qatar Islamic Bank
Chairman —Shariah Advisory Board, Qatar International Islamic Bank
Member —Shariah Advisory Board, First Islamic Investment Bank of
Bahrain.
Ideology and Views
Sheikh Qaradawi has issued hundreds of fatwas and opinions known for
their advocacy of Jihad and support of suicide bombing and terrorism.
Below is just a small sampling of his views:
On Terrorism
If everyone who defends his land and dies defending his sacred symbols
is considered a terrorist, then I wish to be at the forefront of the terrorists.
And I pray to Allah if that is terrorism, then 0 Allah make me live as a
terrorist, die as a terrorist, and be raised up with the terrorists."
On Suicide Bombings /Martyrdom
Palestinian suicide bombings] are not in any way included in the frame-
work of prohibited terrorism, even if the victims include civilians because
Israeli society is of a colonialist, occupational, racist and [ plundering]
nature."
Allah Almighty is just; through his infinite wisdom he has given the
weak a weapon the strong do not have and that is their ability to turn their
bodies into bombs as Palestinians do. [ Suicide bombings] are weapons
to which the weak resort in order to upset the balance because the power-
ful have all the weapons that the weak are denied."
I support the Palestinian cause. I support the resistance and the jihad, I
support Hamas, the Islamic Jihad, and Hezbollah. I oppose the peace that
Israel and America wish to dictate. This peace is an illusion. I support the
martyrdom operations."
We must plant the love of death and the love of martyrdom in the
Islamic Nation."
23
The Shariah Advisors
On War in Iraq
All of the Americans in Iraq are combatants, there is no difference
between civilians and soldiers, and one should fight them, since the
American civilians came to Iraq in order to serve the occupation. The
abduction and killings of Americans in Iraq is a [ religious] obligation so
as to cause them to leave Iraq immediately."
On Israel
It is the duty of every Muslim to support this resistance against the Israeli
enemy."
It is incumbent on Muslims, wherever they may be, to shoulder their
responsibility of defending Jerusalem and AI -Agsa Mosque. This is an
obligation for them all. They are to jointly defend it, offering in the process
their lives, their money and all they possess, or else they will be subject to
Allah' s punishment."
You can say that what is happening in Palestine is done by Israel with
the help of America, or by America with the help of Israel, and there is no
difference between them ...What is happening in Iraq is serving Zionism
and Israel. The first to benefit from all of it is Israel ... Look for Israel, look
for the Zionism —all of it is behind these events. You will find their hidden
fingers behind many of the events."
On Financial Jihad
I like to call it jihad with money, because God has ordered us to fight
enemies with our lives and our money."
On Women and Jihad
Women' s participation in the martyrdom [ suicide] operations carried
out in Palestine given the status of the land as an occupied territory, in
addition to a lot of sacrilegious acts perpetrated by the Jews against the
sanctuaries is one of the most praised acts of worship."
Also, the act is a form of martyrdom for the cause of Allah, and it
entitles them, inshallah, to the same reward earned by their male counter-
parts who also die in the cause of Allah." He said Muslim jurists have
unanimously agreed that when the enemy attacks part of the Muslim
territories, jihad becomes the duty of every
