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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 the multiplication of reward for prayer in the sanctuaries of Makkah and Madīnah limited to the obligatory prayer, or does it include the voluntary prayer as well?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
There is no difference between the obligatory (farḍ) and the voluntary (nafl) prayer in the ḥadīth on the multiplication of reward in the two Sanctuaries (al-Ḥaramayn), because the authentic ḥadīths are unrestricted and general in wording. It is therefore not permissible to restrict or specify them without evidence. Shaykh al-Islām Imam al-Nawawī (may Allah have mercy on him) said: “Our school holds that the superiority of prayer in the two mosques of Makkah and Madīnah is not limited to the obligatory prayer, but includes both the obligatory and the voluntary.” [al-Majmūʿ Sharḥ al-Muhadhdhab, Vol.8/p.476]
The multiplication of reward applies to whoever prays in al-Masjid al-Ḥarām or anywhere within the sanctuary (ḥaram). Al-Shirwānī (may Allah have mercy on him) said: “The more correct view according to al-Nawawī is that the multiplication of the prayer’s reward covers the whole sanctuary, and is not limited to the mosque, nor to Makkah itself.” [Tuḥfat al-Muḥtāj with the glosses of al-Shirwānī and al-ʿAbbādī, Vol.10/p.95]. And Allah Almighty knows best.

Does the 'aqīqah count as valid if it is slaughtered before the seventh day from the birth?

 

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The time during which it becomes permissible to slaughter the 'aqīqah begins from the moment the newborn is fully delivered from its mother's womb.
If the animal is slaughtered prior to the birth, it does not count as an 'aqīqah — it is simply considered an ordinary sheep slaughtered for its meat.
And Allah Almighty knows best.

What is the ruling on praying seated due to severe obesity, given that I experience hardship in performing the prayer — especially when rising from the ground after sujūd to perform the next rak‘ah?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Standing, when one is able to do so, is a pillar of the prayer. However, whoever would experience severe, intolerable hardship, or fears harm to himself or to a limb due to obesity, or finds that standing causes him to lose his khushū‘ (humble focus and concentration) in prayer, then there is no objection to his praying seated on a chair or on the ground, performing rukū‘ (bowing) and sujūd (prostration) through gesture — provided that the gesture for sujūd is made lower than that for rukū‘. Whoever is able, at any point, to properly perform any one of these pillars, is obligated to perform it in full; for omitting it is a concession that applies only in cases of genuine inability. The Prophet ﷺ said: "When I command you to do something, do of it whatever you are able." (Related by al-Bukhārī). As the scholars of fiqh have established: what remains possible is not waived on account of what is difficult.
The criterion for determining genuine inability, as chosen by Imam al-Ḥaramayn al-Juwaynī (raḥimahullāh), is that the worshipper experiences hardship that causes him to lose his khushū‘.
As for voluntary (nafl) prayer, there is no objection to performing it while seated, even if one is able to stand. However, rukū‘ and sujūd must still be performed [in their proper physical form] by anyone who is able to do so. And Allah, the Exalted, knows best.

What is the ruling of Islamic Law on shaving body hair and clipping the nails for one who is in a state of major ritual impurity (*junub*)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
It is recommended for one in a state of major ritual impurity (junub) not to remove anything from his body until after the ritual bath (ghusl). It is stated in Bushrā al-Karīm bi-Sharḥ Masāʾil al-Taʿlīm (p. 135): “It is recommended for one in a state of janābah and the like not to remove anything from his body until after ghusl, because the parts of the body return to him in the Hereafter, and he returns in a state of janābah, as a rebuke to him. Then it is removed from him, except for the original parts. It is said that every hair demands its due for its janābah.”
It is stated in Ḥāshiyat al-Shabrāmallisī ʿalā Nihāyat al-Muḥtāj (Vol.2/p.341): “If he wishes to combine shaving and the Friday ghusl, he should delay the shaving until after the ghusl if he is in a state of janābah, so that the ghusl removes its trace from the hair.” And Allah Almighty knows best.

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