Articles

The Orphans Fund Development Foundation has Canceled the Penalty Clause
Author : The General Iftaa` Department
Date Added : 05-07-2023

The Orphans Fund Development Foundation has Canceled the Penalty Clause

 

In reference to what was published on the website of the General Iftaa` Department and the fatwas it issued prohibiting the penalty clause in Murabaha contracts, the Orphans Fund Development Foundation has responded by deleting the sixth clause from its Murabaha contracts, which include the penalty clause. This was included in a letter from the Director of the Foundation Dr. Faisal Al-Hiary- (Number MA / 1/4/2290), (1st of June, 2009)-addressed to the Grand Mufti. The letter reads as follows:

 

"Since the sixth clause in the Murabaha contract used by the Foundation has not been activated from the time the Foundation started providing Murabaha services in 1988, and in order to avoid any ambiguity that may arise in the Murabaha contract, I would like to inform you that the management of the Foundation has decided to delete the sixth clause and adhere to the general rules stipulated in the Civil Code, in this regard."

 

The Grand Mufti thanked the Director of the Foundation, saying:

"I thank you for deleting the sixth clause from the Murabaha contract used at your institution, and I hope that Allah will reward you well for that. You have removed an obstacle for those who deal with your noble institution, which is keen on earning halal/lawful profits. Your institution is the first among institutions to take into account the provisions of Islamic Law, and I hope that other financial institutions will follow your example, and to you is the reward of being the first good doer in this regard."

 

Afterwards, the Director of the Foundation attached a copy of the new Murabaha contract to his letter, which showed that it was free of the penalty clause and was acceptable from the standpoint of Sharia. However, the employee in charge of executing the Murabaha contract is responsible for applying the Sharia conditions and not neglecting them. And Allah Almighty knows best.

Article Number [ Previous | Next ]

Read for Author




Comments


Captcha


Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.




Summarized Fatawaa

What`s the ruling on using the following materials in manufacturing cosmetics: olive oil, Vaseline, talc powder, glycerin, honey, almond oil, pine oil, galingale and marjoram?

All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

None of the above materials is forbidden, and it`s lawful to use them in manufacturing products that are beneficial to people. This is because, in principle, all things are lawful so long as there is no evidence in Sharia indicating otherwise. And Allah Knows Best.

 I am an employee at Social Security, and I have heard that working with them is forbidden (haram) because they impose an interest rate of 2% on companies and individuals who are late in making payments. Is my job with them haram or questionable?

Please clarify the type of work. If it does not involve the usury (Riba) mentioned, we hope that there is no issue with it, as most of their funds are acquired in a lawful (Complies with the teachings of Sharia) manner. And Allah, The Almighty, Knows Best.

After buying tires, I made an oath not to buy tires from a person. Afterwards, he offered his entire car for sale. What is the ruling on this?

If you bought the entire car and in order to be on the safe side, you should pay an expiation; feeding 10 poor people and the cost of feeding a person is half a JD. And Allah Knows Best.

What is the ruling on not fulfilling a vow?

A vow is a commitment towards Allah, The Almighty, and so, it should be observed as much as possible, and it is impermissible to take it lightly. Allah, The Exalted, Says –in commending the believers (What means): "(Because) they perform the vow and fear a day whereof the evil is wide-spreading." [Al-Insan/7].