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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 someone who eats or drinks thinking that the night is still present, then realizes that dawn has broken?

Whoever eats or drinks thinking that the night is still present, then later discovers that dawn has broken, must refrain from eating and drinking for the rest of the day out of respect for the sacred month. However, they must make up that day after Ramadan, and there is no sin upon them.

Is the niṣāb calculated based on the price of 21-karat gold, or 24-karat gold?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Zakāh is obligatory on cash and on gold designated for saving or for trade, provided the total reaches the niṣāb (minimum threshold liable for zakah), and a full ḥawl (lunar year) has elapsed over it. The niṣāb is (85) grams of 24-karat gold; for 21-karat gold, the niṣāb equals (97) grams; and for 18-karat gold, it equals (113) grams.
The relied-upon position is to calculate the zakāh based on the buying price [i.e., the price the gold merchant would pay the owner to purchase the gold from him] on the day the zakāh obligation is due.
The one paying zakāh may assess/calculate the niṣāb using any of the aforementioned gold karats [i.e., he may choose whichever karat standard he wishes for the purpose of the calculation]. And Allah, the Exalted, knows best.

What is the ruling on X-ray imaging while fasting in Ramadan?

X-ray imaging itself does not break the fast. However, if a person ingests a contrast agent or medication to enhance the imaging process through an open passage to the body cavity (jauf)—such as the mouth or rectum—then their fast is invalidated.

When is the prayer considered *adāʾ* (performed within its time): upon rising from the bowing (*rukūʿ*), or after rising from the prostration (*sujūd*)?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah.
Whoever catches one complete rakʿah within the prayer's time has caught the prayer as an on-time (adāʾ) prayer. The rakʿah is complete when the worshipper raises his head from the second prostration (sajdah), even if he has not yet reached the degree of standing in which the recitation is valid.
It is stated in Nihāyat al-Muḥtāj (Vol.1/p.378): "What is meant by the rakʿah is the completion of all of it, with its two prostrations." End quote.
And in Ḥāshiyat al-Shabrāmallisī: "(His saying: 'a rakʿah') means that he raises his head from the second prostration, even if he has not reached the degree in which the recitation is valid." And Allah Almighty knows best.
________________________________________
Note on terminology: Adāʾ refers to performing the prayer within its prescribed time, as opposed to qaḍāʾ (making it up after its time has ended).

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