Stipulating a condition [about exiting ihram] in Hajj and ‘Umrah for one who is afraid that her menses may come

A woman wants to do ‘Umrah but there is the possibility that her period may come after she enters ihram and before she does tawaaf. Can she stipulate a condition [about exiting ihram] because she is afraid that she may hold her family up?.

Praise be to Allaah.

If a woman wants to do ‘Umrah but is afraid her menses may come before she completes it, she may stipulate a condition [about exiting ihram], then if she gets her menses she can exit ihram and will not have to do anything.

The basic principle about it being permissible to stipulate such a condition is the report narrated by al-Bukhaari (5089) and Muslim (1207) from ‘Aa’ishah (may Allah be pleased with her) who said: The Messenger of Allah (blessings and peace of Allah be upon him) entered upon Dubaa‘ah bint az-Zubayr and said to her: “Perhaps you want to do Hajj?” She said: By Allah, I am always in pain. He said to her: “Go for Hajj but stipulate a condition and say: O Allaah, I will exit ihram from the point where You have prevented me (from continuing, if some problem should arise).”  Continue reading

Benefit of stipulating a condition [about exiting ihram] when entering ihram

What is the benefit of saying, when one wants to enter ihram for Hajj or ‘Umrah: “If something prevents me (from continuing), I will exit ihram from the point where I am prevented”?.

Praise be to Allaah.

It is prescribed for the one who wants to enter ihram for Hajj or ‘Umrah to stipulate a condition [about exiting ihram] when entering ihram, if he is afraid that some obstacle may prevent him from completing Hajj and ‘Umrah. So he should say: “If something prevents me (from continuing), I will exit ihram from the point where I am prevented”, because of the report narrated by al-Bukhaari (5089) and Muslim (1207), according to which the Messenger of Allah (blessings and peace of Allah be upon him) said to Dubaa‘ah bint az-Zubayr when she wanted to do Hajj but she was sick: “Go for Hajj but stipulate a condition and say: O Allah, I will exit ihram from the point where You have prevented me (from continuing, if some problem should arise).”  Continue reading

Stipulating a fixed penalty in the event of a delay in repaying a loan

My question is about bank interest(sood).
I live in england as a foreign student. here in england a bank is offering an account which allows you to overdraw up to £2500.which is free for first 4 months from the date of opening the account. if you withdraw the money after 4 months or you withdrew the money before that period and you didnt pay back the money you would be charged £1 daily no matter you withdrew £1 or £2500.there are no other charges. Does this £1 daily charge come in interest or it is legitimate as interest is always in percentage of the amount you use…
some of my friends say that it doesn’t come in interest or sood as it is not the percentage of the amount you use rather it is bank services charges which is fixed whether you withdraw £1 or £2500..
if you want to know further about this bank account you can visit the website of bank. bank name is halifex and account name is switch accnount.
I am looking for your reply as I desperately need this money if it is legitimate .

Praise be to Allaah.

It is not permissible to stipulate any benefit when giving a loan, or to stipulate a penalty in the event of a delay in repayment, whether the penalty is fixed or is connected to the amount of money borrowed. And it is not permissible to take a loan if a penalty is stipulated, even if the borrower is determined to pay back on time, because entering into this contract is committing to riba and approving of it, in addition to the fact that a delay may occur, thus forcing one to pay the penalty.  Continue reading

Stipulating a penalty for late payment in purchase by instalment

The bank sold cars to three people for a sum to be paid later, namely twenty-three thousand, and I was told that the contract included a clause stating a penalty to be paid in the event of delay in payment. The monthly payment is 270 dinars i.e., my partners and I can pay off the money easily. Please advise us, may Allaah reward you.

Praise be to Allaah.

Firstly:

In this transaction it is essential for the bank to take full possession of the car in real terms, by buying it and taking possession of it; the bank should not merely be an intermediary between you and the owner of the car. Any failure to meet this condition means one of two things:

1-    That the bank is selling something that it does not own, which is haraam.

2-    That the bank is not really selling it, rather it is giving a loan with interest; it pays the company one hundred – for example – on your behalf, on condition that it will get 120 back from you in instalments. This is obviously riba.  Continue reading

Stipulating that advertising revenue on his website depends on the number of visitors

With regard to advertising services on the internet, there is a site like Google that puts ads on your site, and as the site owner you get money for every user who clicks on the Google ad that is placed on your site and that links to the site of the company that is advertising. For example, if users click on 10 ads, he gets 10 dollars from Google. Is that permissible?.

Praise be to Allaah.

The contract described in the question is a contract that is based on reward and there is nothing wrong with it from a shar’i point of view, so long as the ads are free of haraam content and do not help with haraam things.

Among the permissible forms of reward-based contracts that the fuqaha’ have mentioned is when someone says: “Whoever brings back my stray camel will have such and such”. The evidence that reward-based contracts are permissible is the verse in which Allaah says (interpretation of the meaning):

“They said: ‘We have lost the (golden) bowl of the king and for him who produces it is (the reward of) a camel load; and I will be bound by it’”

[Yoosuf 12:72]  Continue reading