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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 making up the regular pre-Dhuhr *sunnah* (*al-sunnah al-rātibah al-qabliyyah*) for one who missed it in the Dhuhr prayer?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Every timed supererogatory prayer (nāfilah) is recommended (mandūb) to be made up if its time passes. As for a nāfilah that precedes the obligatory prayer, performing it before the farḍ is a matter of proper etiquette (adab); if it is prayed after the farḍ, it is still considered adāʾ (performed within its time). If the time of the farḍ has ended, it is recommended to make up (qaḍāʾ) the nāfilah for one who did not pray it.
Whoever misses the sunnah before Dhuhr, whether with an excuse or without one, it is recommended for him to pray it after the obligatory Dhuhr prayer, within the time of Dhuhr, even at its end, and it counts as adāʾ, not qaḍāʾ. It is also recommended for one who missed the pre-Dhuhr sunnah to pray it before the post-Dhuhr sunnah, in observance of the proper order. It is stated in ʿUmdat al-Sālik wa ʿUddat al-Nāsik (Vol.1/p.60): "What precedes the obligatory prayer has the same time as the obligatory prayer, and performing it before the farḍ is a matter of etiquette; after it, it is adāʾ. What follows the farḍ has its time begin with the performance of the farḍ and end with the end of its time."
If the time of Dhuhr has ended, it is recommended for him to pray both the pre- and post-Dhuhr sunnahs, and they count as qaḍāʾ for both. It is stated in ʿUmdat al-Sālik (1/61): "Every timed nafl, such as the ʿĪd prayer, Duha, Witr, and the regular rawātib of the obligatory prayers, if it is missed, it is recommended to make it up forever." And Allah Almighty knows best.

Is it permissible to slaughter a single sheep with the combined intention of both the uḍḥiyyah and the 'aqīqah?

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
According to Shaykh al-Islām Imam Ibn Ḥajar al-Haytamī, it is not permissible to combine the intention of the uḍḥiyyah and the 'aqīqah in a single animal, as each of the two has a distinct and separate cause that differs from the other.
However, Shaykh al-Islām Imam al-Ramlī permitted the combining of both intentions in a single animal — and this position offers a degree of latitude and ease. And Allah Almighty knows best.

Is it permissible for the person who hasn`t made wudu` (state of minor ritual impurity) to perform the Adhan?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
It is disliked (Makruh) for a person in a state of minor ritual impurity (Hadath Asghar) to perform the Adhan. However, if he does so, his Adhan is considered valid and fulfills the sunnah of the Adhan despite it being disliked. And Allah the Exalted knows best.

Is it permissible for a woman who has become pure before the end of forty days of confinement to perform different acts of worship? and is it lawful for her husband to have sex with her?

Once postpartum bleeding ceases and she is certain that it won`t happen again, she becomes pure, and so she should perform Ghusl (ritual bath), pray, and fast. She can also have sex with her husband even before the end of (40) days because the minimum of postpartum bleeding is a moment, and the maximum is (60) days. However, the postpartum bleeding for the majority of women is (40) days, but this does not apply to rest of them.

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