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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 everyone obligated to follow the fatwas of his country, and if we adopt the fatwas of scholars of other countries, is it considered a sin?

All perfect praise be to Allah, The Lord of The Wolrds and may His Peace and Blessings be upon our Prophet Muhammad and upon all of his family and companions.

It is permissible for the person who isn't specialized in Sharia sciences to apply the opinions of renowned scholars whom he trusts ,whether they be from his own country or not ,but if the scholars have different opnions regarding a certain issue/matter, then he must consult someone who is more knowledgeable than himself .It is preferable that you (the questioner) specify the case of your interest ,so that we could give you a more specific answer since some scholars deliver fatwas based on illogical/atypical opinions which should not be applied no matter what .And Allah The Exalted Knows Best.

I suffer from chronic asthma which requires ventoline inhale; which is an air causes the risperatory track/airways to expand. Am I permited to use it during the daylight of Ramadan? And does break one's fast? Noting that I can't go an entire day without using it?

Taking inhaler through the mouth or the nose breaks one's fast, because it is meant to reach the lungs which are part of the coelom. Therefore, whosoever use inhalers for couple of days is obliged to preserve his fasting and make up that day later. As for the ones the ones who need to use it every days are obliged to preserve his fast and feed a poor per day and the cost of feeding one poor is estimated (60) piasters for the year (1421AH). And Allah Knows Best.  

Is it permissible for the woman who is observing Iddah after her husband`s death to sit with her daughter`s suitor, although their marriage contract hasn`t been concluded yet?

All perfect praise be to Allah the Lord of The Worlds. May His blessings and peace be upon our Prophet Mohammad and upon all his family and companions.
A suitor who hasn`t concluded the marriage contract isn`t a Mahram*, so he must be treated as such. And Allah The Almighty Knows Best.
* The period a woman must observe after the death of her husband or after a divorce, during which she may not marry another man.
* In Islam, a mahram is a member of one's family with whom marriage would be considered haram, concealment purdah, or concealment of the body with hijab, is not obligatory; and with whom, if he is an adult male, she may be escorted during a journey, although an escort may not be obligatory.

Is it permissible to delay menses by using medication in order to fast Ramadhaan?

It is permissible for a woman to use medication in order to delay her menses so that it becomes eligible for fasting Ramadhaan, but it is better that she doesn`t do so, and taking the medication is prohibited if she, or her doctors knew that it involves risk on her health. And Allah Knows Best.

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