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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

How do I deal with whispers (waswasa) in ablution and purification?

Whispers in ablution are from Satan, and the Muslim should not pay attention to them. He is not required to re-perform ablution or repeat washing a limb because of waswasa. He should always base his purification on its being valid. It is recommended for him to frequently say "La ilaha illa Allah" (There is no god but Allah), because Satan recoils when Allah is mentioned. And Allah the Almighty knows best.

What is the ruling of Islamic Law on wudu (ablution) when there is an adhesive substance on the hand that is difficult to remove?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The general principle is: if what is applied to the limbs of wudu' (ablution) does not form a barrier substance preventing water from reaching the skin, then the wudu' is valid despite its presence. However, if these substances prevent water from reaching the skin, the wudu' is not valid with their presence, and they must be removed so that water reaches the hair or skin without any barrier.
Shaykh al-Islam, the Imam an-Nawawi, may Allah have mercy on him, says: "If there is wax, dough, henna, or similar substances on some of his limbs [of wudu'], and this prevents water from reaching any part of the limb, then his purification (tahara) is not valid — regardless of whether the amount is much or little. But if there remains on the hand or elsewhere only the trace and color of the henna, without its substance [i.e., the physical residue itself], or the trace of a liquid oil such that the water touches the skin of the limb and flows over it, though it does not remain [as a barrier] — then his purification is valid." [Al-Majmu' , Vol.1/P.529]. And Allah, the Exalted, knows best.

What is the ruling if a postpartum woman becomes pure before forty days; are acts of worship obligatory upon her, and is she permissible for her husband?

If the postpartum woman becomes definitely pure before forty days, she must perform the ritual bath and perform acts of worship as a pure woman does. What was prohibited for her also becomes permissible, so she becomes permissible for her husband after her bath. The minimum duration for postpartum bleeding is a moment (an instant), and its usual maximum is forty days. Reaching forty days is not a condition; rather, it is sufficient for the blood to stop or to see the white discharge (qassa bayda'). And Allah the Almighty knows best.

What is the Islamic ruling on smearing the head of the newborn with the blood of the `Aqiqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
It is disliked (makrūh) to smear the head of the newborn with the blood of the 'aqīqah, as this is a practice that belongs to the customs of the pre-Islamic era of ignorance (Jāhiliyyah). What is Sunnah instead is to anoint the newborn's head with saffron or another pleasant fragrance. And Allah Almighty knows best.

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