Valid & Invalid transactions

Online Forex

Q: I trade currencies in the Forex market. I do not use leverage or margin, neither do I receive interest or pay any interest. All these things are done through an online broker. Is it permissible?

Signing a contract with a real estate company to book a plot of land

Q: I have some question related to contract related to property/plot/house purchasing and selling. Kindly guide me from the perspective of Hanafi Madhab on the matter.

Detail and questions are described below.

In our country we have a Real Estate Company, its business model is that they acquire huge area of land in an area where they build city infrastructure/facilities on them and then sell plots and sell houses built by them in that area to customers.

The buyer signs a contract with this real estate company to book a plot of land or to book a house which the real estate agent builds for the buyer.

Based on the contract the buyer pays an initial non refundable booking fee to the real estate company and starts paying in instalment an amount to the real estate company laid down in the contract on intervals for example instalment amount every 3 months for 3 years.

During the contract there is no indication of the allotted location of the place where the House or plot of land will be to the buyer. The real estate company announces the general area after the contract has been signed and allocates the plot numbers which is then distributed randomly to the buyers. (The buyer gets the area of plot of land or house based on the contract.)

The real estate company allows the buyer who signed a contract with them, for the area of plot or house, to transfer the contract to another person. This second buyer then pays the remaining installments to the real estate company in case there are remaining installments to be paid to the real estate company.

1. Can a person sign into a contract with the real estate company for a plot of land or a house to be built by the company based on the details above?

2. In case it is haram or Makrooh to sign into such a contract and a person has already signed it can the person sell this contract to another person
with or without a profit ? And what should the person do to atone for the mistake?

3. Can a person sell the unknown plot/house to another person by transferring the contract for the unknown plot/house without a profit or with profit based on the market value?

4. If a person had the intention of not selling the unknown plot/house to another person and then due to an unforeseen financial reasons wants to sell the unknown plot/house to another person can he do that without a profit or with profit based on market value?

5. After signing a contract with a real estate company for a house I have heard from people that the real estate company has forcefully grabbed some land from individuals. And I have also read about government claims on some of their land. Based on the above information kindly advise if i shall also be responsible for this land grab in front of Allah ? And how to atone for this mistake. I am willing to loose the amount paid till now to the real estate company if this is the ruling for this case.

6. The House is not in my possession yet and I am still paying the installments based on the contract. With this knowledge is it advisable to sell this contract for the house to someone else without a profit or with profit based on market value ?

In case there are no issues with the real estate company I some queries below.

7. Once the plot/house has been allocated to the buyer in the contract with the real estate company, can the buyer transfer the contract to another person without a profit or with profit based on market value in the case where the possession of the plot/house has not yet been given by the real estate company to the original buyer ?

8. In the case if the original buyer has paid all the installments in the contract to the real estate company for the plot/house and possession of the plot/house has not been given to this original buyer, during this period can the original buyer sell the contract to another person without profit or with profit based on the market value?

9. In case the original buyer is in financial difficulty and didn't intend to sell the plot/house contract to another person and has paid all the installments to the real estate company. The possession has not been given to this original buyer by the real estate company yet. Can the original buyer sell the contract to another person without profit or  for a plot of landwith profit based on market value?

Weighing items after purchase

Q: I have recently heard that in order for the sale of meat/fruit/ items sold by weight to be halaal the buyer either has to be present to see the item being weighed or has to ask for R200 worth of mutton instead of 1 kg of mutton. I order my meat from a butcher telephonically and order by weight as I am generally aware of the meat prices. This is then delivered to my house and later paid for. In this instance is the meat halaal as I have been told it is haraam?

Charging commission

Q: I have been asked a question by someone of the following matter. Just setting out the case. The person needing the advice is a businessman who is dealing with an agent of another party. The agent comes with a tender to provide in bulk an item for the third party. By agreement the businessman tells the agent of the third party that he will give him 7.5 percent commission on the amount of the bulk. In order to give the 7.5 percent commission, the businessman inflates his usual price of the item in order to incorporate the 7.5 commission i.e if the businessman would usually sell an item for R10 000 he would now quote the price as R10 750 so that the agent of the third party can get the commission of R750 from the businessman . The way in which this works is that the agent will get the quotation approved to the amount of R10 750 and get the cheque to that amount of which he will give R10 000 to the businessman and will retain the R750 for himself and the goods will then be supplied. Bare in mind that the businessman still only makes an actual invoice of R10 000 and the transaction takes place only between the businessman and the agent of the 3rd party in which the 3rd parties information is not disclosed to the businessman. Is such business practice permissible? If not, what is the way forward in keeping this business relationship, again baring in mind that if the businessman does not give any incentive to the agent the agent will no longer transact with the businessman and together with that the businessman does want to lose out on the profit based on his normal prices and hence inflates the price to provide an incentive to the agent of the third party. I am an academic and I need more insight on the islamic perspective and permissibility of such a case and what is the best course to follow.

Drop shipping

Q: Is drop shipping permissible in shariah? i.e. a person advertising an item, taking payment for it from a customer, and then informing the supplier to deliver the item directly to the customer?