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to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication.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

What is the Islamic ruling on the Udhiyah (sacrificial offfering)?

 
 
Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is a Confirmed Sunnah (Sunnah Mu’akkadah) for every adult Muslim of sound mind who possesses the financial means, whether they are a resident, a traveler, or a pilgrim (Haj). This is based on the statement of the Prophet ﷺ: 'When the ten days [of Dhu al-Hijjah] begin and one of you desires to offer a sacrifice, let him not touch [cut] anything of his hair or skin' [Narrated by Muslim].
 
The point of evidence (Wajh al-Dalalah) here is that the Prophet ﷺ linked the sacrifice to the individual's will and desire by saying, 'and one of you desires.' This indicates that it is not obligatory (Wajib); had it been mandatory, he would have simply said, 'let him not touch his hair until he sacrifices' [without making it conditional upon desire].
 
Furthermore, it is narrated that Abu Bakr and Umar (may Allah be pleased with them both) would sometimes refrain from offering the sacrifice out of fear that people might mistakenly view it as an obligatory duty [Narrated by al-Bayhaqi and others with a good (Hasan) chain of transmission]. And Allah the Exalted knows best.

Is vomit among the nullifiers of Wudu (ablution)?

Vomit does not nullify Wudu, but it is a Najaasah (impurity) that requires rinsing the mouth and washing whatever became dirty by it since the prayer becomes valid only after the removal of Najaasah. And Allah Knows Best.

What are the Sunnahs and etiquettes recommended for the person offering the Udhiyah?

 
In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
There are several Sunnahs (prophetic traditions) and etiquettes that are highly recommended for the person offering an Udhiyah (sacrificial offering) to observe:
 
First:
It is a Sunnah for anyone intending to offer a sacrifice to refrain from cutting or removing any of their hair or nails once the first ten days of Dhul-Hijjah begin. This is based on the statement of the Prophet (peace and blessings be upon him): "When the ten days [of Dhul-Hijjah] begin and one of you intends to offer a sacrifice, let him not touch any of his hair or skin." (Narrated by Muslim)
 
However, if someone does happen to remove any hair or nails, they have not committed a sin, and their sacrifice remains perfectly valid.
 
Second:
The person offering the sacrifice should ideally slaughter the animal themselves. If they are unable to do so, they should at least witness its slaughter. This is drawn from what our Master, the Messenger of Allah (peace and blessings be upon him), said to Lady Fatima (may Allah be pleased with her):
 
"Stand up and witness your sacrifice, for with its very first drop of blood, every sin you have committed will be forgiven." (Narrated by Al-Tabarani in his Mu'jam, Al-Hakim in his Mustadrak, and Al-Bayhaqi in his Sunan)
 
Third:
Face the Qiblah (the direction of prayer) at the time of slaughtering, as the Qiblah is the most honorable of directions.
 
Fourth:
Pronounce the name of Allah (Tasmiyah) at the moment of slaughter by saying: "Bismillah ar-Rahman ar-Rahim" (In the Name of Allah, the Most Gracious, the Most Merciful). Even if one forgets to say it, the meat remains lawful (Halal) to eat. Allah, Blessed and Exalted is He, says:
 
"So eat of that [meat] upon which the name of Allah has been mentioned." (Al-An'am: 118)
 
It is also recommended to send blessings upon our Master, the Messenger of Allah (peace and blessings be upon him), and to follow it with the Takbeer (Allahu Akbar).
 
Fifth:
Supplicate for acceptance by saying: "Allahumma hadhihi minka wa ilayka, fa-taqabbal minni" (O Allah, this is a blessing from You and is offered back to You, so please accept it from me). This means: This sacrifice is a blessing that originated from You, and I am offering it to draw closer to You. And Allah the Almighty Knows Best.

In the Sharia-compliant viewing  at a prospective bride (*al-naẓrah al-sharʿiyyah*), is it permissible for the man to see the woman without a veil (*ḥijāb*)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is sunnah for the suitor to see the woman he is seeking to marry within the limits the Sharīʿah permits, namely looking at the face and the hands (palms and backs), based on the saying of the Prophet (peace and blessings be upon him): “Look at her, for it is more likely to bring about harmony between you.” Narrated by al-Tirmidhī.
The suitor may also ask one of the women to look at the woman he is seeking to marry. In that case, she is permitted to see of her what she is normally permitted to see, which is not limited to the face and hands, and she then describes these matters to the suitor. It is narrated on the authority of Anas (may Allah be pleased with him) that the Prophet (peace and blessings be upon him) sent Umm Sulaym to look at a girl, and said: “Smell her breath, and look at her heels.” Narrated by Aḥmad in his Musnad.
It is stated in Tuḥfat al-Muḥtāj (Vol.7/p.192): “For one who cannot easily look, or does not wish to look himself, it is sunnah to send someone who is permitted to look at her, to observe her and describe her to him, even regarding what he himself is not permitted to look at. He thereby gains through the sending what he would not gain through looking. Because of the added need for this, it is excepted from the prohibition of a woman describing another woman to a man.”
The permissibility of looking is conditional upon his resolve to marry her once he is able to, his predominant assumption that his proposal will be accepted, and his assumption that the woman is free of marriage and of a waiting period (ʿiddah). Otherwise, looking is forbidden.
Accordingly, it is not permissible for the suitor to look at anything other than the face and hands. He may ask one of his maḥram women, such as his mother or sister, to see the woman unveiled, and the Sharia-compliant viewing (of a prospective bride) must take place in the presence of one of the woman’s maḥrams. And Allah Almighty knows best.