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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

Is it permissible for us to sever ties of kinship if our blood-relatives` gatherings involve acts of sin?

Maintaining kinship ties is mandatory, thus if visiting your blood-relatives hinders their sinful acts , then you should do so. However, if their sinful acts persist while you are at their gathering, then it is sufficient that you maintain kinship ties via telephone and the like. And Allah Knows 

After I was ran over, I had cracked ribs, concussion, a tension pneumothorax, and retired as a result. What is the amount of the Diya?

All praise is due to Allah the Lord of the worlds. May the blessings of Allah be upon our Master and Prophet Muḥammad and his pure progeny.
 
What you have mentioned requires a detailed medical report since the benefit of every organ that you have lost deserves a full Diya (In Islamic law, Diya is the financial compensation paid to the victim or heirs of a victim in the cases of accidental murder, bodily harm or property damage). Moreover, the decrease in the benefit of some organs has to be assessed by expert doctors and allocated a percentage from the Diya accordingly. Therefore, we advise you to refer the matter to the courts or reconcile with the driver and forgive him so that Allah may forgive you. And Allah The Almighty Knows Best.

What is the ruling of Sharia when husband kicks the wife out of his house without a lawful excuse? Moreover, in such case, when she stays at her parents's house for several months, is she allowed to claim maintenance through a Sharia court?

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 isn`t permissible to kick wife out of house save for a valid reason since Almighty Allah Says (What means): "O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may Take away part of the dower ye have given them,-except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good." [An-Nisa`/19]. In addition, it is the duty of the husband to provide for his wife and children in kindness, and this includes food, garment and residence. Moreover, dialogue and supplication are the best means for solving marital problems; however, the wronged party may resort to court. And Allah The Almighty Knows Best.

Is love allowed or forbidden in Islam?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
 
If love refers to the involuntary inclination of the heart, a person isn`t held accountable for it; however, whatever follows this in terms of gazing, meeting, and the like is forbidden. And Allah The Almighty Knows Best.

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