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

Which is superior: The Udhiyah (Sacrificial Offering) or giving its value in Charity (Sadaqah)?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
Performing the Udhiyah (sacrificial offering) is superior to giving its monetary value as charity (Sadaqah) to the poor and needy. This is because the Udhiyah is one of the manifest symbols of the religion. Allah the Almighty says {what means}: "That [is so]. And whoever honors the symbols of Allah - indeed, it is from the piety of hearts." [Al-Hajj/32]. This is further supported by the explicit and authentic Hadiths regarding its virtue, and the fact that the Prophet ﷺ and the Rightly Guided Caliphs after him consistently performed the sacrifice. And Allah the Exalted knows best.

Is it enough to say Tasbeeh (Saying Subhaana Rabbiya Al-‘Atheem during Rukoo`, and saying Subhaana Rabbiya Al-A‘laa during Sujood ) once, or twice during Rukoo`(Bowing in prayer) and Sujood (Prostration)?

All perfect praise be to Allah, The Lord of The Worlds                                                                                                                                                                  Yes, saying Tasbeeh once during Rukoo` and Sujood is enough, provided that the worshiper`s attentiveness of the heart isn`t undermined during each. As regards the recompense, it depends on the number of Tasbeeh. And Allah Knows Best.

What are the categories of the livestock permissible for Udhiyah?

Praise be to Allah, and peace and blessings be upon the Messenger of Allah.
 
The Udhiyah (sacrificial offering) is not valid except from Al-An’am (livestock), which are: camels, cattle, and sheep/goats. Allah the Almighty says {what means}: "And for every nation We have appointed a rite [of sacrifice] that they may mention the name of Allah over what He has provided for them of beast-livestock." [Al-Hajj/34]
The best of them are camels, then cattle, then sheep/goats. A sacrifice of a camel or a cow avails for seven people. Jabir (may Allah be pleased with him) said: "We sacrificed with the Messenger of Allah (peace and blessings be upon him) in the year of Al-Hudaybiyah a camel for seven and a cow for seven." [Narrated by Muslim] And Allah the Almighty knows best.

What is the ruling on applying perfume while fasting?

Applying perfume does not break the fast. However, it is better to avoid it, as fasting is a practice of simplicity and restraint, while perfume is a form of luxury.