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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 recommended supplication (Du'a) upon breaking the fast, and is it recited before or after breaking it?

 
All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
 
It is recommended (Mustahabb) for a fasting person to recite upon breaking the fast—that is, immediately after eating or drinking—the supplication: "Allahumma laka sumtu wa 'ala rizqika aftartu" (O Allah, for You I have fasted, and with Your provision I have broken my fast).
 
This is because our master, the Prophet (peace and blessings be upon him), used to say this. The narration was recorded by Abu Dawud with a good (Hasan) chain of transmission, albeit in a Mursal form (a narration where a Successor reports directly from the Prophet). Shaykh al-Islam Imam Ibn Hajar al-Haytami (may Allah have mercy upon him) stated: "Its Mursal status is inconsequential, as it pertains to virtuous deeds (Fada'il); furthermore, it was connected (Mawsul) through another chain of transmission." [Tuhfat al-Muhtaj, Vol.3/P.425]
 
It is also recommended to recite: "Dhahaba al-dhama'u wa ibtallat al-'uruqu wa thabata al-ajru in sha' Allah" (The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills).
 
This was recorded by Abu Dawud with a good (Hasan) chain. Our leading jurists (Imams) have explicitly stated that it is recommended for the fasting person to combine both supplications.
 
Imam al-Bajuri (may Allah have mercy upon him) stated:
 
 
"And his saying following his breaking of the fast—that is, it is recommended to say: 'O Allah, for You I have fasted, upon Your provision I have broken my fast, in You I have believed, to You I have submitted, and upon You I have relied. The thirst has gone, the veins are moistened, and the reward is confirmed, if Allah wills. O You of vast bounty, forgive me. Praise be to Allah Who aided me so that I fasted, and provided for me so that I broke my fast. O Allah, grant us success in fasting, enable us to stand in night prayer during it, and aid us in it while people sleep, and admit us to Paradise in peace.'" [Hashiyat al-Bajuri, Vol.1/P.562]
 
Furthermore, the fasting person may supplicate with whatever good he or she wishes, for the supplication of a fasting person is answered. Al-Bayhaqi recorded on the authority of Anas ibn Malik that the Messenger of Allah (peace and blessings be upon him) said: "Three supplications are not rejected: the supplication of a parent for his child, the supplication of a fasting person, and the supplication of a traveler." And Allah Almighty knows best.

 I`m keeping a plot of land (10 Dunums) for my children. Is it liable for Zakah?

Praise be to Allah, The Lord of the Worlds.

Land that is purchased with the intention of ownership and personal benefit—meaning to retain it for use and not for trade—is not subject to zakāh, as such property is not considered from trade commodities (ʿurūḍ al-tijārah).
 
It is stated in Al-Ḥāwī al-Kabīr:
“If it is property and one intends it for trade, then zakāh is due upon it; but if he intends it for personal possession, then no zakāh is due upon it.” And Allah, the Exalted, knows best.

 

What are the categories of the livestock permissible for Udhiyah?

In the Name of Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
 
An Udhiyah (sacrificial offering) is only valid if it is selected from Al-An'am (livestock), which includes: camels, cattle, and sheep or goats—whether male or female, and even if castrated. Allah Almighty says {what means}: "And for all religion We have appointed a rite [of sacrifice] that they may mention the name of Allah over what He has provided for them of [sacrificial] livestock." (Al-Hajj/ 34)
 
In terms of preference, camels are considered the best choice, followed by cattle, then sheep, and finally goats.
A single sheep or goat is valid as a sacrifice on behalf of one person. However, a single camel or cow can be shared by up to seven people. This is based on the narration of Jabir (may Allah be pleased with him), who said: "In the year of Al-Hudaybiyah, we sacrificed along with the Messenger of Allah (peace and blessings be upon him) a camel on behalf of seven people, and a cow on behalf of seven people." (Narrated by Muslim)
 
(Note: The term "Badanah" used in the original Arabic text specifically refers to a camel in this context). And Allah the Almighty Knows Best.

What is the ruling of Islamic Law on selling gold or silver in installments or for a differed price?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is prohibited (haram) to sell gold or silver in installments or for a deferred price; rather, immediate hand-to-hand exchange (Taqabud) is mandatory, otherwise, it is considered usury (Riba). The Messenger of Allah ﷺ said: 'Gold for gold, silver for silver, wheat for wheat, barley for barley, dates for dates, and salt for salt—like for like, hand to hand. Whoever increases or asks for an increase has engaged in Riba; the receiver and the giver are the same in this regard.' (Narrated by Muslim). Furthermore, when exchanging new gold for used gold, they must be of equal weight, or it falls into Riba.
 
The permissible solution (al-makhraj) is for the merchant to purchase the used gold for cash first, and then sell the new gold for cash in a separate transaction. However, the price must be paid during the sitting of the contract (Majlis al-Aqd) for both deals. Alternatively, the jeweler may take the used gold with the intent of remodeling or repairing it, and then charge a fee for the craftsmanship or repair work. And Allah the Exalted knows best."

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