Huge cellphone bill due to a virus

Q: A brother uses his cellphone as a modem. Unfortunately he contracted a virus. The effect of this was that as soon as he put on his phone the counter was just running. The result was that his account which normally comes to about R250.00 came to R5500.00. After investigating it was found that this was caused by the virus.

The service provider says that it is not their problem and they want the account to be settled. Will it be permissible for the brother to pay this account using interest money?

Opening a savings account

Q: I would like to open a savings account. Which would be the better option:

Having read in a newsletter from the majlis that Albaraka Bank not being islamic compliant (assuming that this might apply to all "shariah compliant" banks).

  1. Open an account at First National Bank (using their "Shariah compliant" savings account) which earns no interest.
  2. Open a normal savings account at First National Bank (which earns interest), but calculate the interest for the month, withdraw that amount and give it to the poor muslims.

A bank account has to be opened for work purposes (salary is paid therein).

Life Insurance

Q: Someone I know has a life insurance policy that his parents set up before he became a Muslim. What should he do with it? If he has the option of selling it, can he do so? After accepting Islam, he has also contributed towards the policy. Does he have to pay zakaat on the money he contributed?

Liability Insurance

Q: I live in Europe (Holland), I want to ask whether it is permissible to take a liability insurance.

I have read many information about this issue and many ulema do forbid it. However i have found a fatwa issued by the European Fatwa Council (see below and the orginal fatwa is located at: http://www.e-cfr.org/data/cat30072008114456.doc on page 50) and see here there members of ulema of the counsil: http://www.e-cfr.org/en/index.php?ArticleID=305

This is the fatwa given by the European Fatwa Counsil (the deobandi scholars Mufti Taqi Usmani and  Mufti Ismail Kaccholvi are a member of it):

Taking a remuneration for works of Deen

Q: Some people say that to take Ujrah for teaching Qur'aan/Deen is not permissible according to Imaam Abu Hanifah (RA) and Nabi (SAW) prohibited it very sternly yet the Hanafi Ulama take Ujrah for teaching, is that not that they are eating Haraam and following their desires, will Allah's curse come upon them as the Yahud? Please clarify with proofs as this has become a serious issue amongst friends and family.

  1. Is it permissible for taking Ujrah for teaching Qur'aan/Deen according to the Ahnaaf?
  2. If they have been taking Ujrah for teaching Qur'aan/Deen, is their sustenance Halaal?
  3. Is it permissible to eat at their homes?

Creditor claiming more than his due

Q: In the year 2000 I got married, and because I assisted my parents to pay the bond, my mum was concerned how she will still expect me to help her because I was starting a new life. My brother in law (sister's husband) Mr A told my mum Mrs J that he will help her pay off her bond.  The bond was R240k, so he told us that he will put R200k and we must find the balance, which we did.  Mr A's 'deal' was that until my parents are alive they will live in the house, even if one had to pass away, the other will still live in the house.  Mr and Mrs J were to have saw to the general expenses, lights and water, rates, plumbing problems etc etc.

In the event of the house being sold, Mr A would get his 'expenses', when asked at that time, what was the expenses we were told R240k including lawyers costs. 

The house is on my name. During this time I travelled from Pta to Dbn since the title deeds of the said house was used by Mr A - he used the house as a guarantor, to take an overdraft from the bank which at that time I was told was being used for HIS business purposes, and I had to come and sign the documents for this.

On the 27th April 2011, Mr A made mention to Mrs J that the house expenses to him is now standing at R500K.... On the 17/05/2011, Mr A phoned Mrs J to say that arrangements must be made to transfer the house to himself.

At no time ever did Mr A state to us that the costs paid in the year 2000 will increase on an annual basis.  Mr A states that the overdraft he took out at that time, we are liable to pay the interest on this. I then asked two questions: 

  • When did he stipulate that this cost of R240k (which we accepted as R200k cash and 40k lawyers costs) will increase on an annual basis to such an extent that it now is on R500k.
  • When did we sell the house to him that a Transfer must take place?

Now since the 17/05/2011 after I asked these questions, Mr A says he just wants his 'expenses' of R500k, he doesn't care if we take out a bond or whatever, he wants this costs! He maintains that he did tell us that if the house gets sold, he will get HIS EXPENSES - which I say again was NEVER ever told that it would be an annual increase or that we must pay the interest on the Overdraft that was taken out, I must add, for HIS business...

Please help urgently, what is the Shariah ruling for this DEAL?

Asking the buyer to settle the amount due to the Housing Department

Q: I purchased a house in Lenasia in 1980. A few years later, in 1984, I sold it to another person by the name of Zubair for R75000.00 and I received this amount in full. at that time, I still had R22000.00 outstanding on this house to be paid to the housing department. Zubair had agreed that he would also pay off the outstanding R22000.00 that was owed to the housing department.

We had agreed on this and parted ways. The property still legally remained on my name as Zubair was not able to afford the transfer at that time. However, it was understood and agreed that the house now belonged to him.

In 1985, I applied for land in Durban  and was awarded land. In June 2007, I received a letter from the housing department stating that I am entitled to a discount benefit scheme that was to write off all arrears accumulated and to give transfer of the title deeds of the property in Durban. When I went to apply for this discount, the housing department realized that the property I had sold to Zubair in Lenasia is on my name and they had assumed it to be mine and had written off all arrears on that property which stood at R31929.00 at that time. As a result, I was unable to obtain the discount on the land that I actually own here in Durban and I really need this discount because I still owe 30 000 on this property I have in Durban. When I approached the housing department to explain to them what happened, they said that they cannot do anything about it since the property in Lenasia is still registered on my name (but I sold it long ago!). The housing department advised me that I should sort it out with Zubair. Am I entitled to any recourse and can I claim from Zubair the amount that was mistakenly written off on my name from which he benefited? 

Please advise what are my rights in this situation.

Evading government levy on imported goods

Q: A certain person imports electronics and pays duty and tax on it as normal. Recently, the government has introduced another tax on such goods imported which is a fixed rate of R3 on each item imported. Previously, the goods used to land the importer at R1.80 per item after paying taxes and duty, and now lands him at R4.80 which is quite ridiculous. Is it permissible for him to avoid this levy?