Services Plans and Contracts

Q: Is it permissible for a clinic to hire a doctor in this way that he will be paid a stipulated sum of money for each clinic session, regardless of whether any patient is seen or not?

Q: Is it permissble to do a service in the following mannner:

1. The worker explains the service and its disadvantages to the client.

2. If the client wants the service, he pays a certain portion of the payment upfront as a deposit.

3. The worker then uses some of this deposited amount to purchase a facility that allows him to complete the service.

4. The work is then done and shown to the client for approval or rejection within 25 days.

5. If the client approves it: the client pays the remaining amount, and the completed work is given to client, along with ownership of the facility.

6. If the client does not want it: the worker then cancels the facility, receives a full refund from the facility provider, and returns the full deposited amount to the client.

Q: A certain person who works at a school decided to leave with a two week notice. The contract states that a three month’s notice period must be given, which is not correct according to the labour law. The labour law states that one month’s notice must be given. However, the board has decided that if the notice period is not served, the employee must pay them three months salary. The current month will not be paid and the employee must pay them for the other two months. Is this condition correct in the light of Shari’ah?

Q: My brother would like to start a business as an ISP (internet service provider). He will basically be providing internet to the users in his local area. A few people told us that it is haraam because some customers may use the internet for haraam e.g. porn sites. Is it permissible for him to start this business?

Q: There is a certain car tracker company that charges an installation fee of R1400. Thereafter, they charge a monthly fee of R120. If one’s car gets stolen and the company cannot recover it, they will give him the amount that his car is valued at in cash. However, if the car is recovered later on, one will have to return all the money that one received from them within 14 days. If one does not return the money within 14 days, then for each day that passes thereafter, interest will be charged. Is it permissible to take out such a contract?

Q: I have taken a medical plan given directly by the hospital for my wife for the duration of her pregnancy. They provide this plan for each trimester. Can it be taken or is it the same as insurance?

Q: I have the following questions regarding the employment of an imaam:

1. Can the imaam claim full pay if he leads only four salaahs while his contract stipulates all five?

2. Is he entitled to a full salary during his annual four week umrah journey and five week family holiday?

3. Is he entitled to severance pay when his duties are not required e.g. if the prayer place (jamaat khana) is shut down by the government?

4. Some people think that the imaam is like a khalifah, once you employ him, the community has to support him for life, even when he is not assigned any duties.

Q: My question is that "freelance work is allowed in Islam or not?" Let me tell you the details. I have signed the contract with my company and in my contract it is mentioned that I cant work for any other company until unless I have written permission from the CEO of the company. Now I got one freelance project which probably I will do after my office timing at my home so my office work will not be effected with this. But sometime I also do work in my free time in the office using office machines. As in the start of Surah Maidah is " 'O believers! Fulfil your promises" so on that I guess I can't but I have still confusion. In the end, if I am doing this, I will earn with my work and one of my friends told me this kind of contract is similar to slavery and slavery is not allowed in Islam, so you can violate that contract. Kindly help me out in this as soon as possible.

Q: I signed a contract for work. I didn't want to, but I didn't want to have any problems because I want to work this halaal job. At the bottom, it states, "I acknowledge receipt of this summary and the attached contract of employment. I accept the terms of my contract of employment. I have also received and read a copy of the Employee Handbook and I accept the rules, policies and procedures set in it." I signed it and the Employee Handbook is exhaustive to read (I did read it) and I am having problems with my conscience because I take my word seriously and I want to know that if I failed in some of the rules is this taken as me "lying" or what does it mean? Or does it just mean that I am liable for my failures?

Q: Is it permissible to make use of AA breakdown services who assist with towing, car repairs, etc. at the time of need?