Business and Dealings

Getting a share from one's father's business while he is still alive

Q: I have a question regarding inheritance and family business profits.

I live in a different country as my parents and my father has a business. It is a family business and I've worked in it in the past. My father doesn't go to work a lot these days and my brother manages the business. I am away and so not involved in the business.

My question is about inheritance and access to money from the business. I don't ask for money and I have a job that pays my bills. My brother on the other hand takes money from the business and makes bold decisions when it comes to buying things with family money.

Am I eligible to get a share of the profits from the business as per shariah? I understand that if the business is sold then I do have a share but while the business is running and my father is alive, is it immoral for me to take a share from profits even when I am not involved?

Ebucks

Q: I recently read a fatwa that you issued with regards to eBucks. Jazakallah for the fatwa. I am struggling to understand one aspect and would like you please clarify it.

As you noted in the definition of interest, interest is “excess devoid of any compensation which either of the transacting parties is entitled to due to it being a pre-condition in that transaction.” So one of the conditions for interest is that it should be a pre-condition which doesn’t seem to be met in eBucks. FNB from time to time changes the amount of eBucks given, the reasons for giving eBucks etc. This shows it is not a pre-condition and it is not part of the contract as FNB from their side only modify it from time to time. If this was a pre-condition and part of the transaction it would require the consent of both transacting parties. Therefore, it seems that the definition of interest does not fit into eBucks. Please clarify.

Working in a bank & government pension

Q: My father is 68 years old now. He was working as a manager at a government bank for more than 40 years. When he was in his 20's he joined the bank because of the financial problems which his family encountered. At the bank he served plenty of positions such as cashier, assistant manager, credit controller, risk manager, etc. He quit his job at this bank 8 years ago. Now he is working at our village in Baithuz Zakath and Baithul Maal organizations. I would like to present the following points:

• He has never given money for interest (Riba) for him

• He has never borrowed for interest (Riba) for him

• All what he done was he did his job at the bank.

• During his top management career, he was very interested in Islamic banking and tried to introduce Islamic banking system in his bank (At that time, there was no bank to conduct Islamic banking services. Very Recently, his bank started Islamic banking services to its customers. They used my father’s proposals and other documents to start this service)

• He did that job as his livelihood

• Till now, he gets pension from his bank (since his bank is a fully government owned entity, all the funds are directly coming from the treasury)

• He uses his knowledge in banking to uplift the Baithuz Zakath and Baithul Maal organizations in our city. (Many other villages are impressed with his Baithuz Zakath Organization Model. They meet him and get advices and support as well)

• He is very pious. He never misses any of his prayers.

Now I am writing my questions:

1. Is that pension money which my father gets from the bank haraam?

2. If it is haraam, what are the remedies ? (The money which he gets from Baithuz Zakath is not enough for him to meet his day to day needs.

3. Was his job (Banking Job) haraam? 

Keeping money saved from companies budget allowance

Q: I am an intern student in an organization, where we work on project basis, at last out of city project we were allocated a budget of Rs.6100 per day for our personnel expenses like meals, travelling and hotels. These expenses do not affect our work efficiency. These expenses were purly for our personnel expenses. Conditions was that if the budget exceeds 6100, the extra was to be paid from our own pockets. But in this project my senior made saving by selecting a very low standarad hotel. At the end of project he handed over half the savings to me.

I could not resist because if I resist they will hold back my actual expenses that were paid from my own pocket and also the whole organisation will go against me. Because to hold these saving is considered normal in my organisation.

Now the question is, is the money Halal or Haram for me?