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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

A person owns sheep or goats and occasionally feeds them from the grass in other people's orchards without the owners’ permission. Is it permissible to eat the meat of these animals if invited to do so? Is it permissible to purchase from these sheep whose owner feed them from people's orchards without their permission, and can one accept gifts from them, such as meat or milk?

 

 

 

Yes, it is permissible because the one who is accountable is their owner, and the cost of the grass on his accountability. In addition, in order to be on the safe side you should abstain from eating his products, because his sheep case is as if they were fed on impurities. And Allah Knows Best.

What is the ruling of Sharia on having an injection to stop the menses considering the fact that she is a challenged person?

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
We recommend visiting a skilled doctor who fears Allah. If he says that there is no harm in having the injection, then it is permissible to use it. And Allah The Almighty Knows Best.

Is it permissible for the woman who is observing Iddah after the death of her husband to exchange calls with her relatives and husband`s family call?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is permissible for the woman who is observing Iddah* after death of husband to exchange calls with them; however, when she speaks to non-Mahrams , she shouldn`t be soft of speech and she should be straight to the point. This because Almighty Allah Says (What means): "O ye wives of the Prophet! Ye are not like any other women. If ye keep your duty (to Allah), then be not soft of speech, lest he in whose heart is a disease aspire (to you), but utter customary speech." [Al-Ahzaab/32]. And Allah The Almighty Knows Best.
 

 [1] The iddah is a waiting period that a Muslim woman observes after the death of her husband or after a divorce. The Quran says: For those men who die amongst you and leave behind wives, they (the wives) must confine themselves (spend iddah) for four months and ten days.

What is the ruling of Sharia on uncovering Awrah  before  a female laser-hair-removal specialist to remove thick hair knowing that I`am engaged and feel embarrassed and this treatment is guaranteed and definitive?

Praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is lawful for a Muslim woman to look at the body of another Muslim woman except what is between the navel and the knees.  In addition, it is lawful to look at the whole body for treatment; however, having thick hair isn`t considered an illness. And Allah The Almighty Knows Best.

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