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.

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Summarized Fatawaa

I joined a savings club and was scheduled to receive the payout first. My friend asked to take my place in line, so I requested 50 dinars in exchange for letting her have my turn. What is the ruling on this?
 
 
 
 
 

هذا لا يجوز؛ لأنه أخذ مال بدون مقابلٍ له قيمة شرعاً. والله تعالى أعلم.

This is impermissible, as it involves taking money without providing something of value in return according to Islamic law. And Allah Almighty knows best.

 

 

 

 

What is the ruling on obtaining a house through the King Abdullah II project (Decent Housing for a Decent Living), knowing that we do not own a house, our financial situation is moderate, our current rental costs are high, and we are eight people living in the household?
 
 
 
 
 

If owning the apartment/house is done through the same institution/project then it is permissible, but if this took place through usurious banks then it is impermissible, since dealing with usurious transactions is unlawful. And Allah Knows Best.

I became ill while fasting and had to take an intramuscular injection twice on two consecutive days during Ramadan. I continued my fast as usual, as I was told that intramuscular injections do not break the fast. Please advise me so that I can know the correct ruling.
 
 
 
 
 

Subcutaneous and intramuscular therapeutic injections are not considered as invalidators of fasting because they do not enter the stomach through an open passage. However, intravenous injections containing nutritional fluids do invalidate the fast, as they are akin to food and drink in purpose. Therefore, your fast is valid. And Allah Knows Best.
 
 
 
 
 
 

Is it incumbent on a family to provide for its old handicapped son and take care of him?

The family and relatives- e.g.brothers- of such a person are obliged to spend on him and take care of him if he didn`t have money of his own.