Trade

Cashing a customer's cheque on condition that he purchases from one's store

Q: In our country, many shopkeepers do business using third party cheques. The customer comes with a cheque on his name issued by his employer or any other company. He comes to the shopkeeper to cash the cheque. The shopkeeper agrees to cash the cheque on condition that he buys 20% of the value of the cheque worth of goods from his shop. For example, the customer brings a cheque worth R5000. The shopkeeper agrees to cash the cheque on condition that he buys R1000 worth of goods from his shop. In lieu of the R5000 cheque, the shopkeeper will give him R4000 cash and R1000 worth of goods. The benefit the shopkeeper gets from this transaction is the profit he makes in selling the R1000 worth of goods. Thereafter, the shopkeeper will recover the R5000 by cashing the cheque in his bank (he has a prior agreement with his bank to cash third party cheques).

1. Would such a transaction be permissible?

2. Some shopkeepers have resorted to cashing the cheques in the following manner: The customer brings a R5000 cheque. The shopkeeper sells him a pen for R1000 and gives him R4000 cash. So in lieu of the R5000 cheque, he gives him R4000 and a pen worth R5. Is this permissible?

3. Can the shopkeeper charge a fixed service charge for each cheque bearing in mind that he has to spend his time and effort to go to the bank and deposit the cheque?

4. Such a business is risky due to the possibility of the cheques bouncing and therefore, the shopkeeper normally puts a higher mark up on his goods than the prevailing retail price in the market. For zakaat purposes, what price will the shopkeeper base his calculations on; his selling price or the prevailing price in the market?

Ads on free websites

Q: I have a medical website hosted for free by a company called WordPress. Occasionally, they will place an advert on my website at their discretion. The content and image of the advertisement could be for anything, i.e: advertising insurance, a vehicle, a gambling website, a holiday cruise etc. Often an animate object is included. These adverts will often link to the respective website. I have no control over these adverts that appear occasionally nor its sometimes haraam content. - Is it necessary to change to another web-host company that does not do this, or pay a fee for the Wordpress 'No-Ads Upgrade'?

Sales rep taking a percentage of the profits

Q: Is it permissible to pay somebody for bringing in business? I work in sales and people (3rd party) bring me business. If I make a sale they ask me to give them money which is already decided it doesn't matter how much money I make on this sale, they want what ever is decided before. Now the question is if I pay somebody to bring me business then what about other guys who work with me in sales? Because if the (3rd party) doesn't bring it to me it will probably go to my coworkers please tell me what Islam says about it?

Ordering online

Q: The other day, I ordered a pizza online, and paid with my mother's visa debit card. My mother allowed me to use it. I didn't have enough money in my own visa debt card to pay for it online, so I asked her for hers, but gave her the money back in cash on the same day. The day after I was on the pizza company's website, and I learnt that when one orders online, they have to have the owner of the payment card present when the pizza is delivered. They then must show their own payment card as proof as the below term states (taken from their website): "The owner of the card used for payment must present this card on receiving the order. Card payments are secure". I didn't know I had to do this until it was too late, and the transaction was complete. When the pizza arrived, all the delivery driver said was "you ordered online" for which I replied, "yes".  I thanked him, and that was that.  He didn't ask me for proof of payment. So I paid for the pizza, and it came to the right address, and I confirmed that I ordered online when I was asked by the driver. The only thing I didn't know, was that one must show payment card upon delivery of the item. Our beloved Prophet (Sallallahu Alayhi Wasallam) taught us to honour conditions, so that is why I am concerned here. In this situation, what is required of me? Was this transaction still valid?

Impermissible business transaction

Q: A approached B to finance the purchase of a house which he did not see for 1.25 million rands and A agreed to buy the house from him at a higher price. He also borrowed 150 000 for transfer costs and renovations and this amount was included in the repayment of the house. The repayment price was worked out according to bank interest rates of 12% per annum with a total amount agreed upon. It was also agreed that should the payment be made before the 7 year agreed period then the total repayment will be less than the agreed amount, it will work out pro rata.

1.What is the shar'i status of this transaction.

2.What should be done to correct it.

3. Payment have already been received for 1 and half years, how should that be rectified.

Mobile games and music

Q: I have formed a company of programmers and developers to develop mobile games and applications. There are three sources of revenue:

1. Sell the game.

2. Make it free and gain revenue from advertisements in the applications and games.

3. Keep it partly free and partly under sale (in app purchases).

I have ensured that my apps and games will not contain anything vulgar or shameless. However, they will contain music. Is this permissible?

Setting up an ebooks website

Q: I want to start a website where people can download books for free. Normally, we download books from other websites and upload on our website. People come and download the books. My questions are:

1. Is it permissible to make books available for free download without the permission of the authors?

2. Downloading books from others and making soft copies of your own seems wrong. Is it a sin?

3. Is the money made from such a business haraam?