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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

Should a prayer performer who forgets to offer the middle Tashahod (saying ash-hadu anala ilaha ila-alah) offer Sujood As-Sahw (prostration of forgetfulness)?

He/she should offer two prostrations of forgetfulness at the end of the prayer. And Allah Knows Best.

Is it permissible for a woman to wear underwear while performing Umrah?

Yes, it is permissible for a woman to wear underwear while performing Umrah. This is because she should keep her regular clothes that cover all her body while being in a state of Ihram (ritual consecration) for Hajj, or Umrah. However, she should uncover her face and hands, but it is permissible for her to let her head-covering garment drape from her head down over her face when non-Mahram (i.e., marriageable) men pass by her. And Allah Knows Best.

What is the ruling on combining (jam‘) and shortening (qaṣr) prayers when travel is repeated on a daily basis?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
A traveler is permitted to avail himself of the concessions of shortening and combining prayers once the distance of his journey reaches (81 km) or more. This is on condition that his journey is a permissible one, and that he begins shortening and combining only after setting out and passing beyond the built-up limits of the city in which he resides, or beyond the administrative boundaries of the area where he lives.
Accordingly, if the distance between one's workplace and one's place of residence reaches the distance upon which the concession of combining and shortening depends, then combining and shortening are permissible once he leaves the built-up area, even if this travel is repeated on a daily basis.
Ash-Shirbīnī (raḥimahullāh) said: "It is permissible to combine Ẓuhr and ‘Aṣr, either as an early combination (taqdīm) in the time of the first, or as a delayed combination (ta'khīr) in the time of the second; and likewise Maghrib and ‘Ishā' — either early, in the time of the first, or delayed, in the time of the second — during a long, permissible journey, in following [the Prophet's practice]. As for the delayed combination, it is established in the two Ṣaḥīḥs from the ḥadīth of Anas and Ibn ‘Umar (raḍiyallāhu ‘anhum). As for the early combination, Ibn Ḥibbān and al-Bayhaqī graded it ṣaḥīḥ from the ḥadīth of Mu‘ādh, and at-Tirmidhī graded it ḥasan." [Quoted with slight abridgment from Mughnī al-Muḥtāj, Vol.1/p.529]
The conditions for combining and shortening have already been explained in Fatwa No. 14 and Fatwa No. 842. And Allah, the Exalted, knows best.

Is it permissible for a mother to stop her daughter from marrying a respectable, God-fearing young man because he isn't college/university graduate?

It is impermissible to deny a woman her right in getting married except for a lawful reason, and problems can be solved through dialogue. However, she can file a suit in order for the judge to have a say in that regard.

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