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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 smearing the head of the newborn with the blood of the `Aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is disliked (makrūh) to smear the head of the newborn with the blood of the 'aqīqah, as this is a practice that belongs to the customs of the pre-Islamic era of ignorance (Jāhiliyyah). What is Sunnah instead is to anoint the newborn's head with saffron or another pleasant fragrance. And Allah Almighty knows best.

What is the ruling on eating or drinking during the second Adhan?

It is not permissible to eat or drink during the second Adhan because it announces the break of dawn and the obligation to start fasting. Allah Almighty says {what means}:"and eat and drink until you can discern the white streak of dawn against the blackness of night." [Al-Baqarah/187].
Whoever eats or drinks during this time invalidates their fast, and they must refrain from eating for the rest of the day and make up for the missed fast later.

 

"I told my family at night: 'I will fast tomorrow as qaḍā' (a make-up fast),' but I forgot to make the intention before sleeping. Is my fast valid?"

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
 
The intention is obligatory in acts of worship. For obligatory fasting, the required intention is to resolve to fast during the night [before dawn]. Its proper locus is the heart, while verbalizing the intention out loud in acts of worship is a sunnah — so that the tongue may align with the heart. If the intent behind the statement in question was the intention to fast, then it is valid; but if the intent was merely to inform someone, or reflected hesitation or doubt, then it is not valid.
 
It is stated in *Bushrā al-Karīm* (Vol.1/P.216): "It is a sunnah to verbalize the intention — that is, whatever has already been intended in the heart, whether an obligatory or a voluntary act — such as specifying the number of rak‘ahs, just before the opening takbīr — so that the tongue may assist the heart, and because this is further removed from whispered doubts (waswasah), and in order to accommodate the view of those who held it obligatory in every act of worship that requires an intention (even though this is a minority position), by analogy with Ḥajj."
 
Accordingly: if the intention to fast arose in your heart before the second adhān [i.e., before Fajr], then your fast is valid.
 
And Allah, the Exalted, knows best.

What is the ruling on delaying Zakat al-Fitr until after Eid day?

It is forbidden to delay Zakat al-Fitr beyond the sunset of Eid day. If someone delays it past Eid day without a valid excuse, they have committed a sin and must immediately make up for it because their obligation remains unfulfilled, and they must clear their responsibility.

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