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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 Islamic ruling on the aqiqa?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The 'aqīqah is a confirmed Sunnah (sunnah mu'akkadah). Two sheep are to be slaughtered for a newborn boy, and one sheep for a newborn girl. This is established by numerous Prophetic traditions, among them:
The narration of Samurah ibn Jundub, may Allah be pleased with him, who reported that the Messenger of Allah ﷺ said: "Every child is held in pledge for his 'aqīqah, which is slaughtered on his behalf on the seventh day, and he is named, and his head is shaved." — Narrated by al-Tirmidhī, who graded it as ḥasan ṣaḥīḥ.
And the narration of 'Ā'ishah, may Allah be pleased with her, who said: "The Messenger of Allah ﷺ commanded us to slaughter one sheep as 'aqīqah for a girl, and two sheep for a boy." — Narrated by Aḥmad and Ibn Mājah.
The imperative in these narrations is understood to denote recommendation rather than obligation, based on the ḥadīth of 'Amr ibn Shu'ayb, on the authority of his father, on the authority of his grandfather, who said: The Messenger of Allah ﷺ was asked about the 'aqīqah, whereupon he said: "Allah does not love 'uqūq" — as though he disliked the name itself — and then said: "Whoever has a child born to him and wishes to offer a sacrifice on their behalf, let them do so: two equivalent sheep for a boy, and one sheep for a girl." — Narrated by Aḥmad and Abū Dāwūd.
The legal inference drawn from this narration is that the Prophet ﷺ linked the slaughter to the wish and willingness of the individual, saying: "whoever wishes to offer a sacrifice... let them do so" — thereby indicating that the 'aqīqah is recommended (mustaḥabb) and not obligatory (wājib).
And Allah Almighty knows best.

What is the validity of the formula for sending blessings upon our master Muḥammad ﷺ: *"Allāhumma ṣalli wa sallim wa bārik ‘alā sayyidinā Muḥammad wa ‘alā ālihi, ‘adada kamāli-Llāhi wa kamā yalīqu bikamālihi"* ("O Allah, send blessings, peace, and grace upon our master Muḥammad and his family, by the number of Allah's perfection, and as befits His perfection")?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
It is permissible to send blessings upon our master, the Prophet ﷺ, using the formula mentioned in the question, since sending blessings upon the Prophet ﷺ is an act of devotion legislated in its basic essence, without a specific prescribed wording required outside of the formal prayer itself. It is therefore valid to perform it outside of prayer using any formula. This particular formula involves multiplying the blessings sent upon the Chosen Prophet ﷺ to the number of the perfections of Allah, the Exalted — which are limitless — so that, by Allah's permission, its reward and benefit never cease.
The meaning of "the number of Allah's perfection" is that it is without limit, making the blessings sent boundless, corresponding to His perfection, Glorified is He, which cannot be enumerated or counted. This formula is analogous to the words of our Greatest Prophet ﷺ, as related in the authentic ḥadīth narrated by Imam Muslim: the Prophet ﷺ said to Sayyidah Juwayriyyah (raḍiyallāhu ‘anhā): "Indeed, I said four phrases after you [left], three times, which, if weighed against everything you have said since this morning, would outweigh them: Subḥān Allāhi wa biḥamdihi, ‘adada khalqihi, wa riḍā nafsihi, wa zinata ‘arshihi, wa midāda kalimātihi" (Glory be to Allah, and praise be to Him, by the number of His creation, by His pleasure, by the weight of His Throne, and by the extent of His words). And Allah, the Exalted, knows best.

What should one do if they see someone deliberately eating or drinking openly during Ramadan?

They must enjoin what is right and forbid what is wrong. If they fear harm from that person, they should disapprove of it in their heart but avoid sitting with them if possible. It is also preferable to seek the help of the authorities to prevent them from doing so.

Is it permissible to include others in the reward of one`s sacrifice?

 

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for the person offering an Udhiyah (sacrificial offering) to include others in the spiritual reward of the sacrifice. However, it is not permissible for multiple people to jointly share the purchase price of a single sheep or goat, unless one person gifts the money to the other.
 
It is stated in Mughni al-Muhtaj (6/137) by Al-Khatib al-Shirbini:
 
"If a person includes someone else in the reward of his sacrifice and slaughters it on his own behalf, it is permissible."
 
It should be carefully noted that including someone else in the reward of one's sacrifice is completely distinct from offering a sacrifice on behalf of someone else. And Allah the Almighty Knows Best.

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