عربي
Home


Articles

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to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication.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 is the correct point at which to raise the hands when standing up for the third rak‘ah (after the middle tashahhud)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Raising the hands while saying the takbīr [when rising for the third rak‘ah] is a recommended sunnah, and omitting it does not affect the validity of the prayer. The proper time for this is after rising from the middle tashahhud, once one has fully stood up.
It is stated in I‘ānat aṭ-Ṭālibīn (Vol.1/P.158): "His statement, 'and rising from the first tashahhud' — meaning, this manner [of raising the hands] is also a sunnah when he rises from the first tashahhud, that is, when he stands upright from it.
Consider [the question]: when precisely does the raising of the hands begin? Is it at the very start of rising from the first tashahhud, or after he has reached the minimum position of rukū‘ [i.e., once fully upright]? The apparent, [correct] view is the latter — even though the outward wording [of the text] might suggest the former — because at the very start of his rising, he is still relying on both hands [to push himself up, and therefore cannot yet raise them]."
It is stated in ‘Umdat as-Sālik (p. 53): "If his prayer extends beyond two rak‘ahs, he sits after them in the iftirāsh position, recites the tashahhud, and sends blessings upon the Prophet ﷺ alone, without [mentioning] his family [at this point]. He then stands while saying the takbīr, supporting himself with his hands; and once he has stood upright, he raises them level with his shoulders." And Allah, the Exalted, knows best.

What is the ruling on undoing braids of hair during the ritual bath?

It is not a condition to undo braids if the water reaches all the hair and penetrates to its base. If the water does not reach except by undoing the braids, then it is obligatory to undo them for the water to reach. And Allah the Almighty knows best.

What is the ruling of Islamic Law on leaving the Sunnah prayer of Dhuhr due to fatigue?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
According to the general rule, a Muslim should strive to maintain the Sunnah prayers before and after the obligatory prayers (al-sunan al-qabliyyah wa al-ba'diyyah). One is permitted to pray them sitting from the outset, but if one leaves them due to severe fatigue, there is no objection to doing so. It is recommended (mustahabb) to make up (qadā') a time-bound supererogatory prayer (nafl mu'aqqat) at any time if it was missed.
Al-Shirbīnī (may Allah have mercy on him) said: "If a time-bound supererogatory prayer is missed, it is recommended to make it up according to the more authoritative view (al-azhar), based on the hadith recorded in the two Ṣaḥīḥs: 'Whoever sleeps through a prayer or forgets it should pray it when he remembers it.' This is also supported by the fact that the Prophet (peace and blessings be upon him) made up the two rak'ahs of Fajr when he and his companions overslept in the valley and missed the dawn prayer until the sun had risen [narrated by Abū Dāwūd with an authentic chain]." And Allah, the Most High, knows best.

Is it permissible to sacrifice imported livestock (Such as Romanian, Australian, etc.)?

 

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
As long as the sheep meets the prescribed Sharia age and is free from disqualifying defects, it is valid for sacrifice regardless of its country of origin. Therefore, it is permissible to offer sacrifices from various sources, such as: Romanian, Australian, Spanish, Indian, Sudanese, local (Baladi) livestock, and others. And Allah the Almighty knows best.

See More