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.

Article Number [ Previous | Next ]

Read for Author




Comments


Captcha


Warning: this window is not dedicated to receive religious questions, but to comment on topics published for the benefit of the site administrators—and not for publication. We are pleased to receive religious questions in the section "Send Your Question". So we apologize to readers for not answering any questions through this window of "Comments" for the sake of work organization. Thank you.




Summarized Fatawaa

What is the ruling of Islamic Law on participating in the prize draws (raffles) that commercial stores hold for their customers?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
There is no objection to participating in the prize draws (raffles) that commercial stores hold for their customers, provided that the buyer's intention in purchasing is not merely to enter the competition without any need for what is bought — rather, the purchase must be genuinely intended for the item itself, and one must not pay more than the item's fair market price. This is because paying an amount above the market price would effectively be paying a fee to enter the prize draw, which would render it a form of gambling (qimār).
These prizes are, in essence, gifts that businesses offer through a random drawing (qur'ah) to those who purchase from them, as a means of encouraging sales, without the customer bearing any additional monetary cost for participation. So long as the aforementioned conditions are met, there is no objection to benefiting from the prize offered by the store, as it is considered a lawful prize from the viewpoint of Islamic Law.
It is stated in the resolutions of the "Jordanian Iftaa' Board" (Resolution No. 47), in the context of outlining the conditions for permissible prizes: "The price of the ticket [or item purchased] for the sake of the prize must not exceed its original price, so that there is no payment of money in exchange for participation in the draw." And Allah, the Most High, knows best.

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."

Is it required to fast consecutively when making up missed fasts?

● It is preferable to fast consecutively when making up missed fasts if they were missed due to a valid excuse.
● However, if the fasts were missed without a valid excuse, then fasting consecutively is obligatory, because making up the missed fasts in this case must be done immediately.
Separating the makeup fasts goes against the obligation of immediacy, but if someone does so, their fasts will still be valid. However, they will be sinful for delaying without a valid reason.

What is the ruling on a woman using contraception without her husband's knowledge if he is mistreating her?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is not permissible for a woman to use any means of delaying pregnancy without her husband's knowledge, consent, and mutual agreement. This is because having children is a sharʿī right belonging to both spouses equally in Islamic law. Imām al-Māwardī, may Allah have mercy upon him, stated: "The right to a child from a free woman is shared between them both" — meaning between the two spouses. [al-Ḥāwī al-Kabīr, 9/320]
It is therefore not permissible for either spouse to make a unilateral decision regarding the prevention of pregnancy without the consent of the other. We advise both spouses to discuss the matter with wisdom and mutual respect, so as to resolve any disagreement and arrive at a suitable solution that serves the interests of them both. And Allah the Almighty knows best.