Articles

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 ruling of Sharia on marrying a Jewish woman, dealing with the Jews, and going to Israel?

All perfect praise be to Allah the Lord of the Worlds. May Allah`s peace and blessings be upon our Prophet Mohammad and upon all his family and companions.
It is allowed for a Muslim to marry a Jewish or a Christian woman provided that this doesn`t affect his religion. As for dealing with the Jews who are outside Palestine, it is the same as dealing with the Christians; it is permissible as long as it doesn`t harm Islam. As for dealing with the Jews who are inside Palestine, the ruling differs depending on the persons themselves and the situations. By the end of the day, a believer`s heart leads him/her to what is good. And Allah The Almighty Knows Best.

Are dream interpretation books accurate?

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon Prophet Mohammad and upon all his family and companions.
Dream interpretation books are unreliable because they are merely expectations, not rulings of Sharia. However, if one sees a dream which one does not like, one should spit on one's left side and seek the refuge of Allah from the satan; it will not do one any harm, and one should not disclose it to anyone. If one sees a good vision, one should feel pleased but should not disclose it to anyone but whom one loves. And Allah The Almighty Knows Best.

What is the ruling of Sharia on looking at one`s Mahram women?

All perfect praise be to Allah, the Lord of the worlds. I testify that there is none worthy of worship except Allah and that Muhammad, sallallahu ‘alayhi wa sallam, is His slave and Messenger.
A Mahram man (man impermissible for a woman to marry) is permitted to look at what usually appears from his Mahram women (women impermissible for a man to marry) while doing their daily housework, with the exception of their private parts. And Allah The Almighty Knows Best.

Is it permissible for a man to propose to a woman during her `Iddah (waiting period)?

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

It is impermissible to propose to a woman in her `Iddah, but there is no harm in making an implication to such an end in case she was observing it due to the death of her husband. And Allah Knows Best.