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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 praying in congregation at the mosque?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Congregational prayer (Salat al-Jama‘ah) is a communal obligation (Fard Kifayah) for resident men regarding the performance of the prescribed (obligatory) prayers. For men, praying in congregation at the mosque is better than praying elsewhere, such as at home. On the authority of Abdullah bin Umar, the Messenger of Allah ﷺ said: 'Prayer in congregation is twenty-seven degrees more excellent than the prayer of a person alone' (Reported by Bukhari & Muslim). Furthermore, on the authority of Abu Hurayrah, the Messenger of Allah ﷺ said: 'Shall I not tell you that by which Allah erases sins and raises ranks?' They said, 'Of course, O Messenger of Allah.' He said: 'Performing wudu thoroughly despite difficulties, taking many steps toward the mosques, and waiting for the next prayer after the prayer; that is your Ribat (steadfastness)' (Narrated by Muslim).
 
As for a woman, her praying in congregation at home is better for her than in the mosque, according to the saying of our Master the Prophet ﷺ: 'Do not prevent your women from attending the mosques, but their homes are better for them' (Narrated by Abu Dawood). Young boys should be encouraged to attend the mosques and congregational prayers so they may become accustomed to them. And Allah the Exalted knows best.

Is it permissible to offer an Udhiyah on behalf of the deceased?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
Offering a sacrifice (Udhiyah) on behalf of the deceased is permissible. This is the position of the Hanbalis [Kashshaf al-Qina’ by al-Bahuti (Vol.6/P.428)], and it was held by al-Abbadi of the Shafi’is [Bidayat al-Muhtaj by Ibn Qadi Shuhbah (Vol.4/P.358)]; it is also narrated from some Maliki and Hanafi scholars.
 
Abu Dawud included a chapter in his Sunan titled "Chapter: Offering the Sacrifice on Behalf of the Deceased," in which he narrated from Hanash, who said: "I saw Ali (may Allah be pleased with him) sacrificing two rams. I asked him, 'What is this?' He replied, 'The Messenger of Allah (peace be upon him) enjoined me to sacrifice on his behalf, so I am sacrificing on his behalf.'"
 
Abu Dawud also narrated from Jabir (may Allah be pleased with him) that the Prophet (peace be upon him) said: "O Allah, this is from You and for You, on behalf of Muhammad and his Ummah; in the name of Allah, and Allah is the Greatest," then he slaughtered it. It is well known that among the Ummah of Muhammad (peace be upon him) are those who have passed away, yet he (peace be upon him) dedicated it to his entire Ummah.
 
Furthermore, multiple Sharia texts have consistently indicated that the rewards of righteous deeds reach the deceased. This includes the permissibility of fasting on behalf of the deceased if they died owing fasts, as well as the permissibility of performing Hajj on their behalf, both of which are established in authentic Hadiths. Since the rewards for fasting—a physical act of worship—and Hajj—a physical and financial act of worship—reach the deceased, then the sacrifice (Udhiyah) is even more likely to reach them.
 
Moreover, the scholars have reached a consensus (Ijma') that the rewards of charities reach the deceased, and the Udhiyah is a form of charity and falls under its general category. Based on all of this, we hold the view that offering a sacrifice on behalf of the deceased is permissible. And Allah the Almighty knows best.

What is the ruling on a person in a state of major impurity (junub) or a menstruating woman (ha'id) reciting the Quran from memory?

It is not permissible for a menstruating woman, a postpartum woman, or a person in a state of major impurity to recite anything from the Quran, whether from memory, from the Quran, from a phone, or a computer. It is also not permissible for them to touch the Quran, based on what was reported from Ali bin Abi Talib that the Prophet (peace be upon him) was not prevented from anything regarding the Quran except major impurity (janabah). (Reported by al-Tirmidhi who said it is a hasan sahih hadith). Menstruation and postpartum bleeding are analogous to major impurity (janabah) as they are all major impurities (hadath akbar).
For those mentioned, it is permissible to mention Allah and supplicate even with verses from the Quran, provided they do not intend them as recitation of the Quran, but intend them as remembrance (dhikr) or supplication (du'a). And Allah the Almighty knows best.

What is the waiting period ('Iddah) for a woman whose husband has passed away, and what is the ruling on her wearing gold?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The waiting period ('Iddah) for a woman whose husband has passed away is four months and ten days for one who is not pregnant. As for a pregnant woman, her waiting period lasts until she gives birth. It is obligatory for her to remain in the marital home, only leaving for a necessity. During this time, it is prohibited (Haram) to display any form of adornment on the body or clothing; this includes wearing kohl, gold, all types of perfume, and dyeing the hair. Likewise, it is prohibited to receive a direct marriage proposal or to marry during this period.
 
It was narrated by Umm 'Atiyyah that the Prophet ﷺ said: 'We were forbidden to mourn for a deceased person for more than three days, except for a husband, for whom the mourning period is four months and ten days. During this time, we were not to use kohl, nor wear perfume, nor wear dyed clothing except for garments made of 'Asb (coarsely dyed yarn). We were, however, granted a concession at the time of purification—when one of us bathed following her menses—to use a small amount of Kust (costus) or Azfar (fragrant substances). We were also forbidden from following funeral processions.' (Narrated by Al-Bukhari). And Allah the Exalted knows best."

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