Q: I have a few questions pertaining to the dissolvement of a partnership. Preamble relating to the questions:

In the year 2012 (July) I sold a 50% share of my business to my cousin. Alhamdulillah our partnership proved to be very beneficial to both of us. In the year 2020 (August) I requested a dissolvement of the partnership due to personal reasons. During the time of our partnership, we established 2 branches, JHB & DBN. At the time of dissolvement we agreed to the following:

1) I would take the Durban branch and he would take the JHB branch.

2) The Durban branch generates a lower turnover so we decided to split the areas that the JHB branch supplies.

3) JHB would keep the following provinces exclusive to itself i.e Mpumalanga, Gauteng, North West and Free State. Swaziland and Lesotho would also fall under the JHB client base.

4) The Durban branch would keep the KZN & EC provinces exclusive to itself.

5) Limpopo would be divided into the following category: All “Blue Chip” clients would remain under the JHB branch whilst all independent hardware stores would fall under my portfolio of clients.

6) Botswana as well as a certain single customer from the North West would also fall under my portfolio.

7) Our agreement on the areas and customers only pertain to products that were manufactured by us. For any additional products or new products, there is no restriction on either party. Each partner is free to trade in these new products with any client in any area.

8) The value of the business was restricted only to actual value i.e no goodwill figures or future earnings were added to the value. Stock was calculated at cost and equipment was calculated at an agreed percentage of depreciation. Alhamdulillah , the dissolvement has been very amicable thus far and we pray to Allah Ta'ala that we both maintain our respect and love for each other.

Question:

1) Whilst we have a gentleman’s agreement in place pertaining to the restraint of trade, is it allowed in Shari'ah law?

2) The restraint agreement only pertains to the life time of either partner. Is this permissible?
What happens if either partner decides to hand over the business to their children. Will this restraint still be allowed?

3) In the event that either partner sells his business/branch will the restraint still be allowed? 

Q: Is it permissible to stand for the national anthem and salute?

Q: When one makes zikr, you are told that it is the quality that matters not the quantity. I have decided to read a million durood shareef. I am going to read in haste to achieve my goal. Is this advisable or should I just read a little and not worry about numbers.

Q: My mother passed away this year and left behind her house which she gave to me while she was alive (verbally) and at that time, it was accepted by my siblings, now after my mother's death, they have changed their attitude and claimed their right of inheritance.

1. Is their claim valid?

2. My eldest sister is living in the house as her house is being renovated. Should she be paying rent?

3. The property collects rent which they have been collecting and I have requested my share in the rental, is that correct?

4. Can I be denied my right of inheritance because certain family members dislike me?

5. My father passed away when I was 6. He left a Kruger coin for me which I left with my mother, after her death, my sister is denying it to me and says that my mother left it for my sons, is this correct?

Q: There were two bank accounts at the time of my husband's death. We both had a joint account and there was another account which he opened on my name. He always use to refer to this as "your account" whenever he would make any deposits to this account. I understand that the joint account is part of the estate. I want to know if the other account which is in my name will also be a part of the estate.

Q: When I test my blood sugar, after the prick, the blood does not come out on it's own. I have to squeeze my finger to make the blood come out. Does my wudhu break through this?

السوال:

١) هل يجوز لي أخذ نفقة من طليقي طالما أنني أنوي الانفصال مدنيا ويترتب علي ذلك مقاسمته أمواله وما يملك سواء كان بيتا أو حتي سيارة حسب قوانين البلد هنا فهل يعتبر ذلك حلالا لي أم حراما؟

٢) فيما يخص الأولاد هل يجوز لي طلب نفقة شهرية لهم حسب قانون البلد هنا خاصة أنني أنوي فعلا المضي قدما في القضية والمطالبة بالحضانة؟

Q: I once lost a pair of slippers in the musjid and the khadim bhai gave me a pair from in front of the bathroom to wear. His intention was that I should wear them home and then return with them to put them back. However, I ignorantly started to wear them as my own. A couple of years passed and by the taufeeq of Allah Azza Wa Jal, I realized that they were not mine to keep and amends had to be made.

The slippers are still with me but they are torn and very battered. The underside is completely smoothed out so they are a hazard to wear now. I did take a pair of my own slippers and gave them to the musjid's bathrooms as compensation. But I did not think that it was sufficient. I bought a new pair of slippers with the intention of giving them to the musjid as well but they are still in my possession. Should I give some money to the musjid's donation box to make it even?

Q: Many places in the Quraan Allah Ta'ala says, "He does not forget or He does not sleep or slumber or He is not ghafil." so when Allah Ta'ala is not affirming something for himself anywhere in the Quraan, that also is an attribute or refers to an attribute?

Q:

1) If I am reading a sajdah tilaawah aayah repeatedly on the same spot, then only one sajdah is compulsory. However, if I am in a musjid and I am reading the same aayah while moving around, then how many sajdahs do I have to make? Does the distance I cover while moving around make a difference?

2) If I am reading the same sajdah aayah in madrasah in the same classroom but at different spots, then how many sajdahs do I have to make?