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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

Does an internal medical examination for a woman affect her fast?

An internal medical examination for a woman invalidates the fast because it involves the entry of a foreign object into the body cavity (jauf) while fasting.
In this case, the woman must refrain from eating and drinking for the rest of the day out of respect for Ramadan and make up for the missed fast after Ramadan.
Such an examination should be avoided in Ramadan and other months unless absolutely necessary, as exposing the private parts is only permissible in cases of necessity.
If necessary, a woman should seek a Muslim female doctor first. If one is unavailable, she may see a female doctor from the People of the Book (Jews and Christians). If neither is available, she may consult a trustworthy and competent Muslim male doctor.

Is it permissible for a person to give the Zakah (obligatory charity) to his daughter-in-law?

Yes, it is permissible for a person to give the Zakah to his daughter-in-law if she was poor, and none provided for particularly by whom are obliged to provide for her. And Allah Knows Best.

What is incumbent upon the one offering the sacrifice if, after slaughtering the animal, they discover that one of its internal organs is damaged or diseased?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
The presence of disease or defect in the internal organs of a sheep does not affect the validity of the sacrificial animal, unless the disease leads to the animal becoming emaciated and its meat becoming corrupted.
 
It is stated in al-Iqnā' (2/590) by Imam al-Shirbīnī: "The third disqualifying condition: an animal with a manifest illness — meaning one whose illness visibly results in emaciation and corruption of its meat. However, if the illness is minor and does not produce such effects, it doesn`t affect the validity of the sacrificed animal." And Allah Almighty knows best.

When does the time for Udhiyah begin?

Praise be to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
The time for Udhiyah (sacrificial offering) begins once the sun has risen on the day of Eid al-Adha—which is the tenth of Dhul-Hijjah—and a period of time has passed equivalent to two brief prayer units (Raka'at) and two brief sermons (Khutbah). It then continues until the sunset of the last of the days of Tashreeq, which are the eleventh, twelfth, and thirteenth of Dhul-Hijjah.
 
The Prophet (peace be upon him) said: "All the mountain passes of Mina are places of sacrifice, and in all the days of Tashreeq there is slaughtering." [Narrated by Al-Bayhaqi and Ibn Hibban].
 
The best time to slaughter is after finishing the Eid prayer, due to the saying of the Prophet (peace be upon him):
 
"Indeed, the first thing we begin with on this day of ours is to pray, then we return and slaughter. Whoever does that has attained our Sunnah, and whoever slaughters before [the prayer], it is only meat he has presented to his family; it is not part of the ritual sacrifice (Nusuk) in any way." [ٌReported by Bukhari & Muslim].
 
It is valid to sacrifice at any time, whether by night or by day; however, it is disliked (Makruh) at night. And Allah the Almighty knows best.

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