The Orphans Fund Development Foundation has Canceled the Penalty Clause

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Summarized Fatawaa

Is it permissible to offer condolences to a non-Muslim?

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

It is permissible to offer condolences (Ta'ziyah) to a non-Muslim upon the death of their relatives. This constitutes a form of benevolent treatment (Birr) that we have been commanded to observe. Allah Almighty states {what means}: "Allah does not forbid you from those who do not fight you because of religion and do not expel you from your homes—from being righteous toward them and acting justly toward them. Indeed, Allah loves those who act justly." (Surah Al-Mumtahinah, 60:8). And Allah Almighty knows best.

What is the ruling on a woman who takes medication to delay menstruation for fasting?

If a woman takes medication (to delay menstrual period) and does not experience menstruation, her fast is valid. However, she is not advised to do so unless there is a necessity.

If the medication harms her, even potentially, it is forbidden (haram) for her to take it.

A man wishes to offer more than one uḍḥiyah (sacrificial offering), and intends by these sacrifices "on behalf of everyone whom Allah and His Messenger love." Is this intention valid?

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

The uḍḥiyah (sacrificial offering) is not valid with this intention, because if the sacrificial animal is from sheep or goats, it suffices for one person only; and if it is from cattle or camels, it suffices for seven persons.

However, one may sacrifice it on his own behalf, and then gift the equivalent of its reward to whomever he wishes.

Imam ar-Ramlī (raḥimahullāh) says: "Ash-Shāfi‘ī (raḍiyallāhu ‘anh) said: It is within the vastness of Allah's bounty, the Exalted, that He rewards the one giving charity as well. From this, the scholars of the madhhab said: it is recommended for a person to intend the charity on behalf of his parents, for example — for Allah, the Exalted, will reward them, without this diminishing his own reward in any way." He then relates, as the relied-upon position, the permissibility of saying: "O Allah, convey the reward of what I have recited specifically to so-and-so, and to the Muslims generally." Az-Zarkashī said: "For reward varies in degree — its highest form is what one designates specifically, and its lowest form is what one dedicates generally [alongside others]." [End of quote from Nihāyat al-Muḥtāj]. And Allah, the Exalted, knows best.

What is the ruling on ablution if vaginal discharge is expelled, and is it impure?

If these discharges exit from the external genitalia (apparent part of the vagina), they are not impure and do not invalidate ablution. If they exit from the internal part, they are impure and do invalidate ablution. If it is uncertain whether they are from the internal or external part, they are not impure and do not invalidate ablution.

The apparent part is what becomes visible when sitting, and what the husband's penis reaches during intercourse is considered part of the apparent. The internal part is what is beyond that. And Allah the Almighty knows best.

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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 the one who gives up on marriage because he can`t afford it considered sinful?

Marriage is desirable, but one who can`t afford it isn`t considered sinful. However, he should supplicate to Allah, and seek His forgiveness.

What is the ruling on objecting to the Mosque Imam regarding the joining of prayers due to rain?

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

It is not permissible for any of the congregants to object to the Imam in the mosque, whether the objection is to demand the joining of prayers or to oppose it; for the general principle is that the Imam possesses the religious knowledge (Al-Ilm al-Shar‘i) that qualifies him to make the decision in this matter. And Allah the Exalted knows best."

What is the ruling on attending relatives` parties held in public halls, or hotels since if we don`t, we will be subjected to their admonition?

If such parties involve mixing between men and women, or forbidden acts such as listening to songs with sinful lyrics, then attending them is forbidden from the view point of Sharia since people`s admonition is nothing compared to Allah`s, The Almighty`s, wrath.

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.