The Orphans Fund Development Foundation has Canceled the Penalty Clause

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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."

Should a person feel pleased, or have a virtuous vision after offering Istikhara (guidance prayer) in order to do what he/she had offered it for?

The result of the Istikhaarah is not necessarily that a person sees something (in his dream), or feels pleased, but the most important result of the Istikhaarah is whether a person is enabled to do a given matter or not.

My husband discloses all our marital disputes to his family. What is the ruling of Islamic Law on this?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is impermissible to divulge spousal secrets or expose one another's faults, whether during the subsistence of the marriage or after its dissolution. The foundational principle governing marital relations is that it is built upon confidentiality and mutual affection. Divulging marital secrets constitutes a breach of trust and a grave sin.

A husband ought not to resort to his family to complain about his wife over every dispute, nor is the reverse permissible for the wife, especially when such actions lead to stirring up malice and animosity between the spouses or between their respective families.

Islam has enjoined the preservation of secrets in general and commanded against revealing them; safeguarding the privacy of the home holds an even greater priority. And Allah Almighty knows best.

Does touching women temporarily forbidden in marriage nullify ablution?

It is prohibited to touch, or to shake hands with such women as they are considered strangers, and doing so nullifies ablution.

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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

I read the Qudsī ḥadīth: "Whoever breaks his wuḍūʾ and does not perform ablution has shown me harshness; whoever performs ablution and does not pray has shown me harshness; whoever prays and does not supplicate to Me has shown me harshness; and whoever supplicates to Me and I do not answer him, then I have been harsh to him, and I am not a harsh Lord." What is the authenticity of this ḥadīth?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

This ḥadīth was mentioned by al-Ṣaghānī (may Allah have mercy on him) in al-Mawḍūʿāt (p. 43), where he said: “Among them is their saying: ‘Whoever breaks his wuḍūʾ and does not perform ablution has shown me harshness; whoever performs ablution and does not pray has shown me harshness; (whoever prays and does not supplicate to Me has shown me harshness); and whoever supplicates to Me and I do not answer him, then I have been harsh to him, and I am not a harsh Lord.’”

Al-ʿAjlūnī (may Allah have mercy on him) cited what al-Ṣaghānī said in Kashf al-Khafāʾ (Vol.2/p.264). And Allah 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.

Should a person feel pleased, or have a virtuous vision after offering Istikhara (guidance prayer) in order to do what he/she had offered it for?

What is the ruling on a young man and a young woman having a love relation for the purpose of getting married?

It is forbidden for a man and a woman to have any kind of relation whether for marriage, or not because it leads to committing sin. Such relations include: private meetings, mixing, gazing, and seclusion (Khulwa). Accordingly, one who is sincere in his intentions should go to the woman`s guardian and ask for her hand in marriage.