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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

I underwent a procedure for a molar pregnancy (hydatidiform mole), and after that, the bleeding continued for more than two months, during which I did not pray. Do I need to make up the missed prayers?

If you have previously experienced postpartum bleeding, the duration of the current bleeding is treated the same as your previous postpartum period. Any bleeding that exceeds this duration must be considered irregular bleeding (istihada), and you must make up the missed prayers. If this is the first time, then any bleeding beyond sixty days is considered irregular bleeding. You must perform ghusl, pray, and make up the prayers for the days beyond the sixty-day limit. And Allah Knows Best.

What is the ruling on the yellow discharge that comes from a woman during pregnancy?

These discharges are not menstrual blood, but they are impure like urine and break the Wudu (ablution). If the discharge is frequent, its ruling is similar to that of urinary incontinence. The woman should perform wudu after the time of each prayer, pray the obligatory prayer, and any additional prayers she wishes, read the Quran, and take precautions against impurity to the best of her ability. Using a special pad can prevent the impurity from spreading. And Allah Knows Best.

Is it permissible for a Christian man to embrace Islam in secret and is it permissible for a Muslim woman to marry him?

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.
His embracing Islam in secret is between him and Allah; however, it isn`t permissible for a Muslim woman to marry him except after he declares his Islam and it is ascertained that he is sincere about that. And Allah The Almighty Knows Best.

Is permissible to include a will requesting that a Holy Qur'an buried along with me?

It is not permissible to include a will requesting that a Quran be buried with the deceased in their grave. This is because the body of the deceased typically decomposes and may release impure substances, and it is not allowed to expose the Quran to impurity. Intentionally desecrating the Quran is an act of disbelief. Instead, read the Quran during your lifetime, as it will benefit you after death. And Allah Knows Best.

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