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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

What is the ruling on praying while wearing shoes?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.

There is no sin for a Muslim to perform prayer while wearing their sandals or shoes, provided they are free from any impurities (najasa). It was narrated that Anas bin Malik (may Allah be pleased with him) was asked: 'Did the Prophet ﷺ pray in his sandals?' He replied: 'Yes.'" (Related by Al-Bukhari).

It is stated in Fath al-Bari (Vol.1/P.494) by Ibn Hajar (may Allah have mercy on him): "Regarding the phrase 'praying in his sandals,' Ibn Battal said: 'This is understood to apply as long as there is no impurity on them; furthermore, this is considered one of the legal concessions (rukhas)." And Allah the Almighty knows best.

My brother works in a conventional bank and gave me one of the gifts distributed to bank employees — what is the ruling on accepting it?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
There is no objection to accepting such gifts, because the physical gift itself does not carry any inherent prohibition — unlike stolen property. Sin does not transfer or extend to the one who receives the gift, for Allah the Almighty says {what means}: "And no bearer of burdens shall bear the burden of another." [Al-Anʿām/164]
The evidence for this is that the Prophet ﷺ himself ate from the food of the Jews, conducted transactions with them, and purchased from them — and it is well known that their wealth was intermingled with ribā. Similarly, the wealth of conventional ribā-based banks is a mixture of the lawful and the unlawful.
Ibn Ḥajar al-Haytamī, may Allah have mercy upon him, states: "It is not forbidden to transact with one whose wealth is predominantly unlawful, nor to eat from it — as al-Nawawī affirmed in al-Majmūʿ." [Tuḥfat al-Muḥtāj, Vol. 9/P.389] And Allah the Almighty knows best.

A group of about thirty young men will go to a farm on Friday. Is it permissible for one of us to deliver the sermon (*khuṭbah*) and lead us in the Friday prayer, or is it necessary to go to the nearest mosque?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
The Friday prayer (Jumuʿah) is not obligatory upon a traveler, whether his journey is long or short, if he leaves his place of residence before the time of Fajr begins, according to the Shāfiʿī school. If, however, he sets out on his journey after the Fajr adhān, then he is obliged to perform the Friday prayer, whether in his own town or in any town where the Friday prayer is held.
It is stated in Bushrā al-Karīm (Vol.1/p.383), one of the books of the Shāfiʿī school: “[The Friday prayer] is not obligatory upon a traveler on a permissible journey, whether long or short, if he departs from his place of residence before dawn.” End quote.
Accordingly, if you set out on your journey after Fajr, you are obliged to perform the Friday prayer in the mosque. The same applies if you set out after that, since you would not have fulfilled the conditions for the validity of the Friday prayer, among them: that it be attended by forty men who are free, adult (bāligh), sane, and settled residents of the place where Friday is held. It must be held within a cluster of connected buildings, whether a city, a village, or a district (liwāʾ), for what counts is the gathering of the buildings. And Allah Almighty knows best.

Is an elderly or chronically ill person required to pay additional fidyah if they delay it beyond the first year?

An elderly person or someone permanently unable to fast must pay fidyah by feeding one needy person for each missed day.
However, if they delay paying fidyah beyond the first year, no additional fidyah is required.
This differs from someone who delays making up missed Ramadan fasts (qada) without a valid excuse until the next Ramadan begins—such a person is required to pay an additional fidyah for the delay.

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