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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

Is it permissible for the guardian to give Sadaqa (voluntary charity) from the money of the orphans?

It is impermissible for the guardian to donate from the money of the orphans because he is entrusted with the safekeeping of that money, and is prohibited from donating it.

What is the stance of Ahlus-Sunnah wal-Jama'ah regarding the historical figure known as 'the Sufyani,' who some say will appear at the end of times? And what is the stance of Ahlus-Sunnah wal-Jama'ah regarding the group that killed Al-Husayn ibn Ali (may Allah be pleased with them), particularly those who directly committed the killing, severed his head, and killed members of his family?

Most of the narrations about the signs of the Hour concerning the Sufyani, who is said to appear before the Mahdi, indicate that he is the leader of the army that will invade the Kaaba, and Allah will cause the earth to swallow them. We disassociate ourselves before Allah from those who killed Al-Husayn Ibn Ali (may Allah be pleased with them), supported his killing, or encouraged it, whether openly or secretly. The inner matters are left to Allah alone. And Allah The Almighty Knows Best.
 
 
 
 
 

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No marriage is permissible without the presence of a guardian and two trust worthy witnesses, and the woman whose family had denied her right in getting married to a God-fearing, financially and physically capable man should go to the court.

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