Ijaarah

Relative on property cutting off water supply from tenants

4 days ago By user2

Q: There is a landlord that has a property. On it there are three homes. In the one main home is a close relative that stays. The other two are rented out. The relative does not pay for anything. At first, the landlord gave the administration duties to the relative but the relative could not manage it properly. 

The three homes are being fed by a single borehole for water (no municipal water) that is fed to three separate water tanks with three separate pipes to each homes. After excessive rains, the pressure pump got damaged and as a result the water pressure dropped considerably to the homes. The relative decided (while the pressure pump was attended to) to cut off one of the houses water supply so that they get a little more pressure in theirs. When the landlord came to know about it, he sent a message to them that they have no permission to do this. They ignored this message and went a step further to cut the other pipe as well and feed the main pipe to their home, resulting in that they have a little more water pressure so that they do not have a problem to shower. The landlord is in another province and is unable to attend to the problem personally. What should he do?

The one suggestion that was given is that because you are only charging rental to the two homes, the water issue is not your problem and they must sort it out themselves between the three of them and split all the costs, even the pressure pump. You were kind to supply good water pressure to their homes. If you go the extra mile you will be rewarded but there will be spiritual cost involved by being harsh with your relative. What is the Shariah way to deal with this?

Fixing the time and work of a domestic worker

3 weeks ago By user2

Q: Please advise with regard to the following aspects in connection with domestic helpers: 

1. Is it necessary to fix the daily/weekly times of work, or is it okay to have a casual arrangement, such as starting and finishing on flexible times, but getting the work completed? 

2. If there is an occasion or family function, the helpers are automatically expected and required to assist with all the set up and clean up etc. This can go up to late in the evening, even after 10 pm. Is this acceptable as part of the "understanding" between the parties that such events will come and the helpers will be required to work? 

3. The helper does not work on Sundays. If any occasion or family function falls on a Sunday, does the helper have to be separately remunerated for the Sunday work? 

4. Almost every few months, we have guests who stay for a few days. Sometimes, it is an entire family. This obviously increases the workload of the helper in many aspects, such as cleaning, washing and ironing of clothes, etc. Does this have to be separately remunerated? 

5. If in the past the worker was made to work overtime without any remuneration, or was given extra tasks which took more than the normal time, out of negligence and without realising that this was not correct in terms of shariah, how does one now make amends for this? 

If any helper worked in this manner and has left and there is no trace of the person, how does one make amends? 

6. Some helpers grudgingly accept a lesser amount than the general norm or what they are happy to work for, due to desperately wanting a job. How do I ascertain if the wage being paid is fair and I am not exploiting the helper in any way? Is there a way to determine what is fair and what is exploitation? 

7. Can salary be deducted for damage caused by the helper due to negligence or lack of due attention while engaging in the tasks? 

8. Any general advice with regard to employment and treatment of the domestic helpers will be much appreciated.

Charging the tenant for the letter of demand due to his overdue account

3 months ago By user2

Q: We have a property with several tenants from which we collect rental. Unfortunately, some tenants do not pay their rental on time and delay some times up to a few months in payment. 

We get an accountant to send a letter of demand to these tenants, which demands payment from them on their overdue accounts immediately, otherwise legal action will be taken. The accountant charges us R250 per letter - which is the market rate for such letters. 

Can we then charge this R250 to the tenant, as them not paying their account is the cause for us incurring this charge Please advise

Doing the decor for a birthday party

4 months ago By user2

Q: I recently started learning how to do balloon decorations and someone asked me to make some decor for their birthday party and my mom agreed without me giving consent first. 

I am well aware that we are not allowed to celebrate birthdays and I do NOT intend on celebrating nor attending this birthday party. Am I allowed to make the balloon decorations for this person with the intention of not celebrating with them?

Taking one's right from one's employers who never pay one for few months

4 months ago By user2

Q: My company does not pay me on time. Salaries have been delayed for over 6 months. Now they have allocated money for a project. But the client has already completed this project and the company does not know about it. 

Can I take this money and use it for my personal expenses as the company does not pay me on time at all? I am the one who is controlling the cash flow and only I will know about it.

Delivering haraam items

5 months ago By user2

Q: I want to ask about earnings from food delivery services in a non Muslim country/community. Uber Eats, Door Dash are the delivery service name. 

The delivery is not containing any alcohol, etc. but sometimes some foods containing pork products. Either cooked or sometimes grocery items contain bacon, pork products, etc. Are the earnings halal or permissible by a Muslim?

Not specifying the salary of the employee in the contract

5 months ago By user2

Q: I have a question for Mufti Saheb regarding a business contract for an employee. 

I am an optometrist and have my own optometry practice. It is the main source of my income to run my home. I am hiring another optometrist to run the business so that I can increase my studies. 

The going rate for an optometrist is around R25 000 a month in KZN. 

I have offered this person a salary of R15 000 with the incentive of earning 50% of the profits from the business every month. 

In the expenses of the business I have stipulated R25 000 as a salary for myself to run my expenses. I will still assist in the decision making and management of the practice. As the sole owner of the business. Is it permissible for me to take this R25 000 salary as part of the business expenses not to be included in the profit. 

The expenses are all shared with the optometrist I wish to hire so that there is full transparency.

Real estate agent taking agency fees

5 months ago By user2

Q: I have two question regarding the agency fees for real estate.

1. Is the agency fees haraam for an agent if he shows numerous real estate properties to numerous clients and then one of the clients, rented or bought a property and the agent takes 10% or so amount of the property sold or half month or the rent for the commission of the agent? 

2. Is this agency fees is haraam for the client to pay to the agent?

Subscribe to Ijaarah