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

What is the ruling on doubting whether one or two prostrations were performed?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If a worshiper is in doubt regarding the number of units (rak'ahs) or prostrations (sajdahs) performed, he must build upon the minimum (i.e., assume the lower number) and perform the prostration of forgetfulness (Sujud al-Sahw) before the Salam at the end of the prayer. This is based on the report from ‘Ata’ ibn Yasar that the Messenger of Allah ﷺ said: 'When anyone of you is in doubt about his Salat (prayer) and does not know how many he has prayed, three or four (Rak'at) he should cast aside his doubt and base his prayer on what he is sure of. Then, he should perform two prostrations before Taslim (salutation). If he has prayed five Rak'at, they will make his Salat (prayer) an even number for him and if he has prayed exactly four, they (i.e. two prostrations) will be humiliation for the devil..' (Narrated by Abu Dawud).
 
It is stated in Al-Muqaddimah al-Hadramiyyah: 'If one doubts [whether he performed] a bowing (ruku’), a prostration, or a rak'ah, he must perform it and prostrate [for forgetfulness], even if the doubt is removed before the Salam—unless the doubt is removed before he performs what would potentially be an addition. Thus, if he doubts whether he prayed three or four, he is obligated to build upon the minimum.' And Allah the Exalted knows best.

Is it permissible to delay the ritual purification (ghusl) from major impurity (janabah) until after dawn?

Yes, it is permissible to delay ghusl from janabah until after dawn, as purity from janabah is not a condition for the validity of fasting. However, one must perform ghusl in time to pray Fajr within its designated time.

Is it permissible to offer prayer at home, or should it be offered in the mosque?

All perfect praise be to Allah, The Lord of The Worlds.                                                                                                                                                                      It isn`t preferable for the man to pray at home as praying in the mosque is twenty seven times more rewarding. Therefore, this should motivate him to offer prayers in the mosque. And Allah Knows Best.

What is the ruling on swallowing phlegm while fasting?

If a fasting person intentionally swallows phlegm, their fast is invalid, as it is possible to avoid it.
However, if they swallow it unintentionally, their fast remains valid.
Phlegm is impure and should be avoided.