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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

What is the ruling on someone who combines two prayers as an early combination (jam‘ taqdīm), and then arrives at his place of residence during the time of the second prayer — is he obligated to repeat it?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever combines Ẓuhr and ‘Aṣr while traveling — that is, before he has reached the built-up boundaries of his hometown [upon returning] — his combination (jam‘) of the two prayers remains valid, even if he arrives at his place of residence before the time for the second prayer has actually begun. This is because the combination was already validly completed with its proper conditions fulfilled, and he is not obligated to repeat the second prayer [upon arrival].
A traveler is permitted to make use of the concessions of shortening (qaṣr) and combining (jam‘) prayers once the distance of travel reaches (81 km) or more, provided that his journey is a permissible one, and that he begins shortening and combining only after actually setting out on the journey and passing beyond the built-up limits of the city in which he resides. And Allah, the Exalted, knows best.

What is the ruling on the Friday bath (ghusl al-Jumu'ah)?

The Friday bath is a confirmed Sunnah, based on the Prophet's (peace be upon him) saying: "Whoever performs ablution on Friday, it is good for him, and whoever takes a bath, bathing is better." (Reported by Abu Dawud and al-Tirmidhi who said it is a hasan hadith). It is recommended for everyone who wants to attend the Friday prayer, even if they are not from its usual attendees, like a woman or a boy.
If a person is in a state of major impurity (junub) and intends by his bath both lifting the major impurity and the Friday bath, he achieves both. If he intends only one of them, he achieves only what he intended. And Allah the Almighty knows best.

What is the ruling on one who wiped over his leather socks (*khuff*) while resident and then traveled, or wiped while traveling and then became resident? And likewise, what is the ruling on one who incurred a minor ritual impurity (*ḥadath aṣghar*) while resident, then traveled and wiped while traveling?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Whoever wipes over his leather socks (khuffayn) while resident and then travels, or wipes while traveling and then becomes resident, before a day and a night have passed in both cases, completes the wiping period of a resident. If he wipes while resident and then travels after a day and a night have passed, he must remove the socks, because the period has ended. Likewise, if he wipes while traveling and then becomes resident after a day and a night have passed, he must remove them as well.
Whoever breaks his wuḍūʾ while resident and then wipes while traveling takes the ruling of a traveler as regards the duration of wiping, so long as he does not become resident. It is stated in ʿUmdat al-Sālik wa ʿUddat al-Nāsik (Vol.1/p.15): “If he wipes over both [socks] or one of them while resident and then travels, or wipes while traveling and then becomes resident, or doubts whether he began the wiping while traveling or while resident, he completes only the wiping period of a resident. But if he broke his wuḍūʾ while resident and wiped while traveling, he completes the period of a traveler, whether or not the full time of a prayer had passed over him while resident.” And Allah Almighty knows best.

Is an animal that results from crossbreeding between two types of livestock (an'ām) valid [for sacrifice]?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
An animal that results from crossbreeding between two types of livestock (an'ām) is valid [for sacrifice], with consideration given to the higher of the two required ages. Thus, in the case of an animal crossbred between sheep (ḍa'n) and goats (ma'z), only one that has reached two years of age is valid [for sacrifice]. And Allah, the Most High, knows best.

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