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to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication.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

Is it permissible for a person to sever ties with his sister because her husband had quit prayer and done him harm?

A sister is a blood-relative and maintaining blood-relations is obligatory in Islam. As regards her husband, he should be invited to the way of Allah with wisdom and beautiful preaching.

Is it permissible to use the term 'Al-Jalalah' (Majesty) for anyone other than Allah, The Exalted?

In the Arabic language, a man of dignity and reverence is described as 'Jaleel' (noble), and similarly, an elder or a woman of dignity may be described as 'Jaleelah'. In such contexts, one may use the title 'His Majesty' or 'Her Majesty.' However, the Majesty of Allah, The Exalted, is unlike the majesty of humans, just as His hearing is not like our hearing, and His sight is not like our sight. And Allah The Almighty Knows Best.

What should a mensurating woman, or in state of confinement do if she became ritually pure during the daytime of Ramadhan ?

If she became pure during the daytime of Ramadhaan, is desirable to complete her fasting during that day, and to make up for it along with other missed days due to menstruation. And Allah Knows Best.

Is it permissible to go to the bathroom wearing a necklace that has the word "Allah" inscribed on it?

All Perfect Praie be to Allah, The Lord of The Worlds, and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

Anything that contains words pertaining to Allah, The Almighty, is desired to be left outside when going to the bathroom, or to be hidden for fear of losing it. And Allah Knows Best.