Business and Dealings

Fixing the time and work of a domestic worker

4 days ago By user2

Q: Please advise with regard to the following aspects in connection with domestic helpers: 

1. Is it necessary to fix the daily/weekly times of work, or is it okay to have a casual arrangement, such as starting and finishing on flexible times, but getting the work completed? 

2. If there is an occasion or family function, the helpers are automatically expected and required to assist with all the set up and clean up etc. This can go up to late in the evening, even after 10 pm. Is this acceptable as part of the "understanding" between the parties that such events will come and the helpers will be required to work? 

3. The helper does not work on Sundays. If any occasion or family function falls on a Sunday, does the helper have to be separately remunerated for the Sunday work? 

4. Almost every few months, we have guests who stay for a few days. Sometimes, it is an entire family. This obviously increases the workload of the helper in many aspects, such as cleaning, washing and ironing of clothes, etc. Does this have to be separately remunerated? 

5. If in the past the worker was made to work overtime without any remuneration, or was given extra tasks which took more than the normal time, out of negligence and without realising that this was not correct in terms of shariah, how does one now make amends for this? 

If any helper worked in this manner and has left and there is no trace of the person, how does one make amends? 

6. Some helpers grudgingly accept a lesser amount than the general norm or what they are happy to work for, due to desperately wanting a job. How do I ascertain if the wage being paid is fair and I am not exploiting the helper in any way? Is there a way to determine what is fair and what is exploitation? 

7. Can salary be deducted for damage caused by the helper due to negligence or lack of due attention while engaging in the tasks? 

8. Any general advice with regard to employment and treatment of the domestic helpers will be much appreciated.

Clause stating that if the buyer defaults on an installment, the entire outstanding balance becomes immediately due

1 week ago By user2

Q: If a person purchases an item on a payment plan, agreeing to pay the price in fixed monthly installments over a set period, and the contract includes a clause stating that if the buyer defaults on any single installment, then the entire outstanding balance becomes immediately due and payable. Is such a condition valid and permissible?

Taking back the sold car due to the customer not paying on time

1 week ago By user2

Q: Person A gave a person B a loan of R100 000. Person B also purchased a car from person A to the agreed value of R250 000 on a pay off basis. 

Person A decided after a few months he wants his R100 000 back and full payment of the car. By this point, person A was already paid R200 000 for the car. 

Person A then took the car back because person B could not meet the deadline for payment. 

This all transpired over 8 months. So person A is sitting with the R200 000 plus the car and never wanted to give person B a cent back claiming usage charges, insurance charges, wear and tear cost, etc. 

After much back and forth person A gave person B R25 000 back. Was this fair in the eyes of Islam ?

Ownership of gifts given when a baby is born

3 months ago By user2

Q: I would like clarification on the following points: 

1. Is it necessary to ask regarding ownership of gifts when a baby is born? 

2. As far as I know and understand, if a gift is given to the child themself, it cannot be used for other siblings or given away when old but has to be kept until they can decide what they want to do with it, is this correct? 

3. In my situation, I tried to explain the above to my in-laws when they gifted a cot, asked them to clarify whether it belongs to my husband or the child (who was not yet even born). I explained also why and how it affects in future. But they insisted they want to gift it to the child not my husband but they want us to use it for our future kids. Mentioned that in their days that's how it was understood and money or jewellery was kept only for the child themselves. 

Seeing as they weren't understanding we didn't push the issue but they mentioned clearly that it belongs to him so we decided we'll cover the cost so it belongs to my husband and that way we can use for our future kids or give away when old. 

Now when the baby is born they gave clothing as gifts and when I enquired as to who it belongs to, they replied that it's his and if we don't want can return and keep money for him but we can use for future kids. 

Do I take that to basically mean that it's his and we'll have to replace his things in order to use for other children or give away? I don't wish to mention anything further as that may irritate them. 

4. Is it permissible/possible to gift an item to an unborn child?

Iddat of a Shaafi woman who does not experience haidh

3 months ago By user2

Q: I have a query about the giving of property. 

About 2 years ago, we came to know that my father had taken a second wife, in secret. This nikah had already been performed a year prior to us coming to know. When this happened, my father gave our house to my mother. We formulated a document to officiate it. This is the wording of the document: 

I, So and so, ID no so and so have given my wife so and so ID no so and so ownership of property address and vehicle registration number so and so, on Wednesday 19/06/2024. The contents of property will also be transferred to my wife, with the exclusion of certain items documented on page two/2. Upon transfer, All future rates, maintenance and associated expenses will be covered by myself in full. 

My father signed this, and it was witnessed and signed by his 3 adult, sane children. 1 male, and 2 females. My mother also signed. This property is still in my father’s name. 

After about a year, that nikah had ended in divorce. My father is saying now, that since that nikah ended, he will not be giving the above property and vehicle to my mother. The only reason he was going to give it was if he had 2 wives. 

Islamically, who does the property belong to? 

2. There is also another thing that I wish to query. We are Hanafi. The ex second wife is a Shaafi. She is around 40, and menopausal according to my father. He does not have any children from her. What is the duration of her iddat, and does it affect the inheritance laws in any way?

Dropshipping

3 months ago By user2

Q: Is this form of dropshipping allowed: 

I advertise the product of a supplier with a 20% increase in price on my store. All products on my store have the same percentage increase from the wholesale price. I consider the 20% as the commission I receive. This has not been communicated with the suppliers, as there are many suppliers whose products are being advertised on my store. 

When a customer places an order, the product is shipped directly to them. The customer pays shipping fee. They are informed that I purchase the product on their behalf and take a commission, but may not know who exactly the supplier is, or how much commission is taken (they just see total price after commission added).

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