Leaking of Pre-Coital Fluid

12 years ago By admin

Q: I have a problem of leaking of pre-coital fluid. This is not regular occurrence i.e. sometimes it happens and sometimes not. Sometimes I feel that there is something, but when I check, there's nothing. I usually check after I perform Salaah. If I was not aware that it has happened and find a stain on my underwear after Salaah, should I repeat my Salaah? 

Inheritance Question

12 years ago By admin

Q: A deceased is survived 2 wives and their respective children. With the first wife, the deceased fathered 2 sons and 1 daughter. With the second wife, the deceased fathered 1 daughter but the deceased and the second wife also have an orphan boy aged 6 years whom they adopted when the boy was orphaned at birth.  Furthermore, the second wife also has a son from a previous marriage.  How should the estate of the deceased be  distributed. The Will of the deceased merely states that his estate is to be dealt with in terms of Islamic Law.

Development of private cemeteries

12 years ago By admin

Q: We wish to get involved in the development of private cemeteries. We will not be involved directly in burials but only in purchasing and developing it to the required standards for Council to allow burials on it. Most of the burials done here will be for non-muslims. The norm now in South Africa is for individual burial plots to be leased to the family of the deceased for approximately 10 years or so and thereafter the plots are recycled. We wish to humbly enquire whether it is permissible for us to lease the plots and then after 10 years or so, lease it again to a different family. It must be known that the Municipality has stressed that due to the large shortage of burial sites, all burial plots must be recycled after 7 to 10 years. Each individual plot will be surveyed and marked out and will be leased to burial homes in order for them to facilitate burials. Which of the following would be permissible for us to do: 

  1. Re-lease the plots after every 10 years
  2. Lease it for 10 years and thereafter sell the cemetery outright
  3. Sell the plots in perpetuity to the families of the deceased or the burial homes

Is the following business process permissible in terms of Shariah Law?

12 years ago By admin

Q: I would like to obtain an opinion as to whether the business process described below is permissible in terms of Shariah Law:

We regularly purchase stock from a supplier and pay cash upfront for all our stock purchases. The supplier gives us an early settlement discount for paying for stock purchases in cash. We then pass on the bulk of the early settlement discount to our distributors for them to make a profit when they on sell the stock to their customers. Up until this stage, the business process is no different to established trade practices which are permissible in terms of Shariah Law. To confirm, the business process up until this stage consists of two transactions.

Transaction 1 - We pay a discounted purchase price for stock.

Transaction 2 – We on sell stock to our network of wholesalers and pass the bulk of our discount from the supplier on to the wholesaler.

The next stage of the business process entails an entirely separate and 3rd transaction.

Transaction 3 - The supplier, after having passed the early settlement discount to us, deposits the  stock payment  received from us into an interest earning bank account. The supplier uses the interest earnings to recover the early settlement discount given to us for a cash purchase.

We would like to emphasise that the supplier deposits the stock payment received from us into an interest earning bank account after we have received the early settlement discount and after we have received stock we have purchased. The sale of stock by the supplier to us is therefore complete by the time the supplier deposits our money into an interest bearing account. Our question is whether the third transaction in any way affects the validity of transactions 1 and 2 in terms of Shariah Law?

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