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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

Is it obligatory to have the intention for each day of fasting, or is one intention sufficient for the whole month?

The intention is obligatory for each day of Ramadan because each day is an independent act of worship separate from the others.
The intention must be made at night before the break of dawn, as the Prophetﷺ said: "Whoever does not intend fasting at night, there is no fast for him." [An-Nasa’i] 
And he also said: "Whoever does not firmly resolve to fast before dawn, there is no fast for him." [At-Tirmidhi, Abu Dawood, and An-Nasa’i]
Whoever wakes up and eats Suhoor while mindful of fasting has made the intention. Likewise, one who firmly intends at any moment during the night to fast the next day has also fulfilled the intention.

A man led the people in prayer as imam, and at the end of the prayer he performed a prostration of forgetfulness (*sujūd al-sahw*) because he had omitted a short *sūrah* after al-Fātiḥah. What is the ruling on his prayer and that of those praying behind him?

 

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
According to the Shāfiʿī school, it is sunnah to recite a sūrah after al-Fātiḥah in the prayer. One who omits it has a valid prayer, and no prostration of forgetfulness (sujūd al-sahw) is prescribed for omitting it. If someone performs sujūd al-sahw for its omission while knowing the ruling and remembering it, his prayer is invalidated. But one who is ignorant of the ruling, or who did so out of forgetfulness, his prayer is not invalidated, because this is among the matters that are obscure to people, and ignorance of it is not restricted to those who recently entered Islam.
Shaykh al-Islām al-Shams al-Ramlī said in Nihāyat al-Muḥtāj ilā Sharḥ al-Minhāj (Vol.2/p.70): “The remaining sunnahs are not compensated for by prostration, such as the remembrances (adhkār) of bowing and prostration, that is, the opening supplication (duʿāʾ al-iftitāḥ) and the sūrah, in accordance with the base rule, because they are not of the same nature as what has been reported [as compensable]. If one prostrates for any of them deliberately, his prayer is invalidated, unless he is excused due to ignorance. As for the objection raised that the ignorant person does not know that sujūd al-sahw is prescribed, and whoever knows it knows its place, this is refuted by denying such a necessary connection, for the ignorant person may hear only that sujūd al-sahw is prescribed before the salām, and so assume that it applies to every sunnah and is not restricted to its prescribed place.”
This is among the matters that are obscure, in which the mukallaf is excused for ignorance, as stated by al-Shabrāmallisī in his Ḥāshiyah ʿalā Nihāyat al-Muḥtāj (Vol.2/p.70).
However, if the imam prostrates, and the follower (maʾmūm) presumes that his imam’s prostration is for a reason for which one does not prostrate, it is not permissible to follow him in it, so long as the follower knows the ruling.
Accordingly, the prayer of one who did not recite a sūrah after al-Fātiḥah is valid, and sujūd al-sahw is not prescribed for it. Whoever prostrates out of ignorance or forgetfulness, his prayer is valid, because this is among the issues hidden from the general public. But whoever prostrates while knowing the ruling and remembering it, his prayer is invalidated. And Allah Almighty knows best.

What is the ruling on one who feels drops of urine falling during ablution?

If he is certain that urine is exiting from him during ablution, then his ablution is invalidated. He must remove the impurity from his clothes and body and repeat the ablution.
However, if what he feels regarding urine exiting is merely doubt or illusion, then ablution is not invalidated by doubt and illusion. He should not pay attention to it, and it is not permissible for him to follow the doubt and whispers that corrupt his religion. And Allah the almighty knows best.

I broke my oath and am now obligated to pay the expiation for a broken oath (kaffārat al-yamīn). Would it be valid to fulfill this by inviting the poor and needy to a meal for them to eat from?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
The expiation for a broken oath (kaffārat al-yamīn) is given to the poor (fuqarā') and needy (masākīn), and it must be given in the form of ownership (tamlīk) transferred to them of the required amount — namely, one mudd of the staple food of the locality, or its equivalent monetary value. It isn`t valid to invite the poor or needy to a meal prepared for them to eat from, as this does not constitute "ownership" (tamlīk) but merely "permission to partake" (ibāḥah).
Imam al-Shirbīnī (may Allah have mercy on him) said: "What is intended is that ownership be transferred to them; therefore, providing them with lunch or dinner [as a meal to eat from] isn`t valid." [Summarized from Mughnī al-Muhtāj,Vol. 5/P.50]. And Allah the Almighty knows best.

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