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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

Sometimes I receive a message containing a picture of someone desecrating the Noble Quran. The sender asks recipients to send that message to their contacts as an act of defending the Quran. What should I do when receiving such messages?

Praise be to Allah, the Lord of the Worlds.

You don`t have to circulate that message, because this isn`t the proper way to defend the Quran. And Allah The Almighty Knows Best.

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?

: It is permissible for one who do not specialize in Shari `ah sciences to apply the opinions of renowned scholars whom he trusts ,whether they be from his own country or not ,but if the scholars don`t arrive at a consensus concerning a certain matter then he must consult someone who is more knowledgeable than himself .It is preferable that you(the inquirer) specify the case of your interest ,so that we could give you a more specific answer since some scholars deliver fatwas based on atypical opinions which should not be applied no matter what .And Allah ,The Exalted, knows best.

Is a wife considered divorced if her husband refused to go to bed with her(for sexual intercourse) for two months?

A wife doesn`t get divorced no matter for how long her husband refuses to have sex with her, and she had better go to court.

A woman used contraceptive pills, and her menses exceeded(15) days, is it permissible for her to fast?

The maximum of menstrual blood is(15) days, but if it exceeded that due to a medication, or the like, then it is Istihadah(bleeding outside the monthly period), and in this case she should perform Ghusl(ritual bath), pray, and fast. Moreover, she is obliged to make up for the missed fasting days which exceeded her regular menses.

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