Ijaarah

Car tracker company paying the value of the car

Q: There is a certain car tracker company that charges an installation fee of R1400. Thereafter, they charge a monthly fee of R120. If one’s car gets stolen and the company cannot recover it, they will give him the amount that his car is valued at in cash. However, if the car is recovered later on, one will have to return all the money that one received from them within 14 days. If one does not return the money within 14 days, then for each day that passes thereafter, interest will be charged. Is it permissible to take out such a contract?

Charging the tenant a fixed rent

Q: Is it permissible to include in a lease agreement with a commercial tenant that they will be responsible for the following:

1) Monthly municipal rates which will be billed by the Municipality to the landlord. These charges will be passed on to the tenant.

2) If at any time during the lease agreement there are any increases by the municipality in rates, the tenant will also be liable for such increase.

Sharing a hotel room

Q: A hotel lets out its rooms on a per person charge basis. Zaid books a room for three nights on the basis of one person staying and accordingly only pays for one person. Later, he decides to share the room with his brother, Amr. Zaid claims that he is entitled to the use of any amount of water, lights etc. when he paid for one person, so sharing the use of these facilities with Amr is in actual fact an extension of the benefits that Zaid is entitled to. Is it permissible for Zaid to do this?

Imaamat contract

Q: I have the following questions regarding the employment of an imaam:

1. Can the imaam claim full pay if he leads only four salaahs while his contract stipulates all five?

2. Is he entitled to a full salary during his annual four week umrah journey and five week family holiday?

3. Is he entitled to severance pay when his duties are not required e.g. if the prayer place (jamaat khana) is shut down by the government?

4. Some people think that the imaam is like a khalifah, once you employ him, the community has to support him for life, even when he is not assigned any duties.

Working for a bank

Q: In a banking institution the only income they do earn is through Riba. There is no other income generation process involved in a Bank's system. And it means, a bank is paying salaries and profits to all of its employees and partners through the generated income which is nothing but Riba. In that scenario, how can it be legal for an employee to receive such an income which he knows that is paid to him through Riba, and at the same time he knows that he is a part of the machinery where business is nothing but to generate Riba income. In my opinion it becomes totally invalid for a muslim to be associated with a banking institution. Am I right?

Doing personal work out of office time

Q: My question is that "freelance work is allowed in Islam or not?" Let me tell you the details. I have signed the contract with my company and in my contract it is mentioned that I cant work for any other company until unless I have written permission from the CEO of the company. Now I got one freelance project which probably I will do after my office timing at my home so my office work will not be effected with this. But sometime I also do work in my free time in the office using office machines. As in the start of Surah Maidah is " 'O believers! Fulfil your promises" so on that I guess I can't but I have still confusion. In the end, if I am doing this, I will earn with my work and one of my friends told me this kind of contract is similar to slavery and slavery is not allowed in Islam, so you can violate that contract. Kindly help me out in this as soon as possible.