Q: If a Director of a Limited Company acts beyond the contract with shareholders and acts recklessly, can shareholders demand that the Director assets (including cash) are seized by the shareholders? If they can be seized, how are they to be distributed?

Separate Scenario:

Before it is known that the Company Director has acted recklessly and broken contracts with its shareholders, what happens to any funds/assets that he has paid/transferred  as a gift/voluntarily to any of the shareholders from his personal wealth.  Do shareholders have the right to demand from the recipient of this gift a refund of the gift so it can be shared by shareholders?

When it is known that the Company Director has acted recklessly and broken contracts with its shareholders, what happens to any funds/assets that he has paid/transferred  as a gift/voluntarily to any of the shareholders from his personal wealth.  Do shareholders have the right to demand from the recipient of this gift a refund of the gift so it can be shared by shareholders?

Q: We have a number of incidents in which staff negligently damage equipment. In these cases, we can opt to dismiss the person for negligence or charge him to the value of the damage caused in which case he retains his employment. Which is appropriate? 

Q: With this letter I wish to enquire about a problem that I am currently experiencing, and require your kind assistance. I purchased a business plot approximately 25 years ago and placed my uncle’s name together with my name on the title deeds for tax purposes. My uncle did not invest any money on this plot as I had to pay cash for it with my own funding and build a business property on part of the land. After a few years, I sold the developed property for R200, 000 to an external party.

My uncle had no problem with the sale of the developed property as he was aware that he had no financial share in the property although his name appeared on the title deeds. From the sale of the property, I built a complex on the existing plot consisting of 5 shops and a flat on top. I had to take a loan of R300, 000 at the bank to finance the building complex.

As years carried on, I was experiencing financial difficulties with the repayment of the bank loan. My uncle paid the outstanding balance of the outstanding loan amounting to R240, 000 which includes lawyers fees, bank charges etc. He also spent a further amount to fix the property which he wrote down in a book for record purposes.

We agreed that the money spent on the 2nd newly developed property by himself should be repaid in full as I was the legal owner. I paid him and even took out a loan from the bank for R150, 000 as he was in financial difficulty and had to pay external parties. The balance of the loan was less than R200, 000.

At the moment there are four tenants in the building complex owned by myself, although his name still appears on the title deeds. He takes every month half of the rental income, although the money I owe him is less than 10% of the value of the building complex. Every month we are experiencing a continuous battle with the collection of the rental income for the past approximately 20 months. The 50% rental income collected by himself is not deducted from the money I owe him.

My uncle was in financial trouble with the Receiver of Revenue whereby his son decided to pay his outstanding debt. He made an agreement with his son that he could have all assets belonging to him. The son on a monthly basis collects 50% of the tenants rent. We are unhappy about this as it was not our agreement. I would like to know whether this money is halaal as they do not deduct it from my loan and it feels as though they are taking interest on the balance of the Money that I owe them. I have heard rumours that the son claims they own 50% of the property. It will be highly appreciated if you could provide me with a speedily resolution (Fatwa) on the above mentioned matter. I hope the above mentioned matter meets your favorable attention and urgency it deserves.

Q: I have mashallah done lot of research for over 2 to 3 years and have made an ebook with various wazaif and amals to fulfill various needs. I have the following questions on this:

1. Will it be lawful for me to sell the ebook on the internet and make money out of it.
2. Will it be lawful for others to share the ebook with others without my permission.

Q: Is it permissible to charge occupational rent? Are there any conditions?

Q: I buy and sell coins both old coins as well as the normal circulation ones. I want to ask that i sell for example a R5 mandela coin for R100, R500 and even R1000. What is the ruling regarding selling coins for more than the face value? Also what is the zakaat on these coins?

Q: There is a saving program controlled by the government through a provider (private company or bank) where you pay monthly (say $100 per month) and they save the money for your children till the kid is at the university age. The government contributes to this saving plan and the provided invests the money. So my question is: Is it Halaal or Haram to involve in such program. 

Q: My cousin acquired an old 2 bedroom house from the Municipality of a certain place for a price of R 25 000.00 around 1989, paying it off in installments plus interest on the balance. This house was incomplete, just an empty shell with no roof, doors or windows, on a piece of land.  Thereafter he started renovating it. One of the conditions was that my cousin cannot sell this property to anybody and if he needs to sell it then he must sell it to the municipality, as he was  bound by a clause that this property will only be transferred onto the my cousins  name after a period of 20 years.  

After a while we met on an occasion and I enquired as to how far he was with the renovation when he told me that he had stopped due to finance. My cousin was going to return it to the municipality when he offered it to me as we have the same initials, same first name and same surname.  As I was looking for a property at that time I decided to take it over and he asked me to pay him whatever he invested in renovations and continue paying off the balance of installments including the rates and the interest, light and water accounts.   When the balance was paid off then we will make arrangements to have the said property double transferred firstly onto his name and thereafter onto my name. I paid him whatever was owing to him (cent for cent) and I took over the property verbally (as in a willing buyer and a willing seller) without signing any documents. On completion of the renovations I moved in and as the years passed on I worked very hard even over weekends and paid off the balance owing to the municipality.  The above property became freehold. I know that in the eyes of the land and the law my cousin is the legal owner of the above property. 

My Question:

1. In the eyes of Allah and the Islamic law who is the legal owner of the above property after all dues were paid to my cousin.
2. Does my cousin have any authority to take out any loan against the above property, without my permission although the said property is still on his name. 

Q: It will be greatly appreciated if you could please assist me. I have a few questions to ask and will take it one step at a time.

1. Is earnings from selling (All and any Type) Insurances - Halaal
2. Is it acceptable to live off the above earnings and to pay for your children’s education and madressa.

Q: I sell cosmetics from home. This month I ordered 10 creams but I was charged for 9 creams and i also got charged for a roll on that I did not order. My business leader told me that i must pay for the roll (on R29) and give it to someone as a gift and sell the cream (R55) and give the money to charity because it will cost her  petrol to come and collect the item of R29 for return. My b leader said that by paying for the roll on it will be like paying for the cream. It sounds okay to do but im still not sure if I should do what she told me to do.