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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 is the ruling on performing Tahajjud after the Witr?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is permissible for one who has prayed the Witr to perform voluntary (Nafl) prayers after it. However, it is preferable for the Witr to be the final prayer of the night. Therefore, if a person is confident that they will wake up during the night for Tahajjud, it is recommended for them to delay the Witr until after the Tahajjud. Conversely, if one fears they may not wake up, they should perform the Witr before sleeping.
 
Al-Khatib al-Shirbini (may Allah have mercy on him) stated: 'It is not disliked (Makruh) to perform Tahajjud after the Witr, but it is not recommended to do so intentionally.' [Mughni al-Muhtaj, Vol. 1/P.454]. And Allah the Exalted knows best."

 

 

How is the meat of the 'aqīqah to be distributed?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
If the 'aqīqah is a recommended one (mandūbah), it is obligatory to give some portion of it in charity to the poor — even if the amount is small — with the minimum being approximately half a kilogram of meat.
The most preferable manner of distribution is to divide it into three equal portions, as with the uḍḥiyyah:
 
One third for the guardian and his household to eat from
One third to be given in charity to the poor
One third to be gifted to friends and neighbours, even if they are wealthy
 
It is furthermore more preferable to send the food to the poor already cooked, rather than inviting them to come and eat. And Allah Almighty knows best.

If a person enters a mosque and finds the congregation in the final tashahhud, which is more virtuous — joining them or waiting for a second congregation to catch the opening takbīr (takbīrat al-iḥrām)?

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
If a worshipper finds a congregation that is about to finish its prayer, and he hopes to catch the entire prayer from the beginning with another congregation, it is more virtuous for him to pray with this first congregation and then repeat the prayer with the second one — provided he does not intend to confine himself to a single prayer. If, however, he intends to perform only one prayer, then it is more virtuous for him to wait for the second congregation rather than joining the first, so that he may attain the reward of congregational prayer for every single rakʿah.
Al-Khaṭīb al-Sharbīnī, may Allah have mercy upon him, states: "If members of a congregation enter the mosque while the imam is in the final tashahhud, al-Qāḍī Ḥusayn held that it is recommended for them to join him in prayer, and that they should not delay in order to form a second congregation. Al-Mutawallī, however, affirmed the opposite view, and al-Qāḍī's own statement elsewhere supports this latter position, which is the relied-upon view. In fact, it is more virtuous for a person who has missed part of the prayer with one congregation, and who hopes to catch another congregation with whom he can attain the entire prayer within its proper time, to delay so that he may catch it in full with them. This applies when he intends to confine himself to a single prayer; otherwise, it is more virtuous for him to pray with the first group and then repeat the prayer with the others." [Mughnī al-Muḥtāj,Vol. 3/P.186] And Allah the Almighty knows best.

What is the ruling on swallowing saliva while fasting?

It is permissible for a fasting person to swallow their saliva because avoiding it would cause undue hardship and excessive strictness in religion. Islam discourages such excessiveness since Allah the Almighty intends ease for His followers and does not intend to put them in hardship.

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