The Orphans Fund Development Foundation has Canceled the Penalty Clause

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Summarized Fatawaa

Does passing wind, from the anus without a smell, invalidate prayer?

If a person is certain of having passed wind even if it was with no smell, then both his/her ablution and prayer are invalidated, thus he/she should remake ablution and re-perform prayer.

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.

Is it incumbent on a father to cover the marriage costs of his son if the latter couldn`t afford them?

The son should seek the help of his relatives in order to convince his father to do the aforesaid, and the father should make sure that his son doesn`t commit fornication through helping him to get married, and Allah will reward him for doing so.

What is the ruling on using toothpaste during the day in Ramadan?

Using toothpaste does not break the fast as long as nothing reaches the body cavity. However, it is disliked (makruh).

It is preferable for a fasting person to use it before the time of fast starts or after Iftar (breaking the fast) to avoid risking their fast.

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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 are the valid excuses for abstaining from congregational prayer in the mosque?

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

Concessions (Rukhsah) are granted to abstain from congregational prayer in the mosque due to general excuses, such as: rain that causes hardship in going out, strong winds at night, heavy mud that cannot be traversed without the risk of soiling oneself, hot winds, and extreme heat or cold. There are also specific individual excuses, such as: illness that makes walking as difficult as walking in the rain, severe drowsiness, evident hunger or thirst, the suppression of bodily wastes (urine, stool, or gas), and fear for one's life, limb, physical faculty, wealth, or honor, among other valid excuses. And Allah the Exalted 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.

Does nosebleed during the day in Ramadan affect the validity of fasting?

A nosebleed does not affect the validity of fasting unless some of the blood reaches the body cavity or the person intentionally swallows it. In such a case, their fast is invalid, and they must refrain from eating and drinking for the rest of the day and make up for that day later.

What is the ruling on men wearing rings (those made of silver and of other metals, such as iron), and are there conditions for men wearing rings?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.

It is sunnah for men to wear a silver ring on the right hand, following the practice of the Prophet (peace and blessings be upon him). It is reported in Ṣaḥīḥ al-Bukhārī, on the authority of Anas ibn Mālik (may Allah be pleased with him), that the Messenger of Allah (peace and blessings be upon him) took a silver ring and had “Muḥammad Rasūl Allāh” engraved on it. He said: “I have taken a ring of silver and had ‘Muḥammad Rasūl Allāh’ engraved on it, so let no one engrave the like of its engraving.”

It is a condition that the silver ring not exceed the size customary in the local norm (ʿurf). If it does, that is extravagance (isrāf). A ring made of a metal other than silver, such as iron or copper, is permissible to wear without disapproval (karāhah), except gold, which is forbidden (ḥarām) for a man to wear.

It is stated in Mughnī al-Muḥtāj (Vol.1/p.586): “It is permissible, without disapproval, to wear a ring of iron or lead. It is sunnah for a man to wear a silver ring on the little finger of his right or left hand. Wearing it on the right is better, and it is permissible on the left, and on both together.”

It is also stated in Mughnī al-Muḥtāj (Vol.2/p.97): “It is lawful for him, that is, the man, and likewise the khunthā (person of indeterminate sex), indeed all the more so, to wear a ring of silver, by consensus (ijmāʿ), because the Prophet (peace and blessings be upon him) took a ring of silver, narrated by the two Shaykhs (al-Bukhārī and Muslim). Wearing it is in fact sunnah, whether on the right or the left, though the right is better according to the sound position, as stated in the chapter on clothing in al-Rawḍah… The Shāfiʿī jurists did not specify the permitted size of the ring, and they probably relied on custom (ʿurf), that is, the custom of that country and the habit of people of his standing in it. Whatever exceeds that is extravagance, as they said regarding a woman’s anklet. This is the reliable position (al-muʿtamad).” And Allah Almighty knows best.