investments

Pooling money together to purchase a property in partnership

Q: Mr Company intends buying a property for R10 million. They have R4 million available and want others to invest the remainder of the money with them. Ishaaq, Saleem and Faheem are willing to invest. Ishaaq will invest R3 million, Saleem R2 million and Faheem R1 million. They want to invest in it on a diminishing mushaarakah basis. The profits and losses will be shared according to the capital contribution, and the company is willing to pay all 3 of them off in approximately 5 years.

Assuming that the property yields a rental income of R100 000 a month (R1.2 million a year)

Income distribution

 Mr CMr CIshIshSalSalFahFah
Year 140%R48000030%R36000020%R24000010%R120000
Year 255%R66000025%R30000015%R1800005%R60000
Year 370%R84000020%R24000010%R120000
Year 480%R96000015%R1800005%R60000
Year 5100%R1200000

 

Purchase of Shares by Mr Company

 Mr CMr CIshIshSalSalFahFah
Year 140%R4 mil30%R3 mil20%R2 mil10%R1 mil
Year 255%R5.5 mil25%R2.5 mil15%R1.5 mil5%R500 000
Year 370%R7 mil20%R2 mil10%R1 mil
Year 480%R8 mil15%R1.5 mil5%R500 000
Year 5100%R10 mil

1) Is the above form of investment permissible?

2) Is it permissible to change the profit sharing ratio to suit the needs of the investors, different from the capital contribution ratio? For example, in the
above scenario, Mr Company contributed 40% and Faheem 10%, but in order to please Faheem, they agree to let him take 15% profit while Mr Company takes 35%?

3) Is it permissible to fix an amount to be paid to a certain investor? For example, every month as a return on his investment, he will receive R20 000?

4) Is it permissible to set a fixed percentage of the investment as a return? For example, he will receive a 10% return on his investment monthly?

5) For the sake of ease in distributing the profits, is it permissible to distribute the profits during the year based on estimated profits that will
be received, and at the end of the year, make the necessary adjustments based on the actual profits that were received? Thus, at the end of the year, the profits will be adjusted for each shareholder in accordance to the actual profits received.

Investing in Heera Gold company

Q: Is investing in Heera Gold company halaal or haraam. The company says that it is halaal because it trades in gold, textiles and other products and does not deal in riba. If we invest about one laakh rupees we would get approx 3000 rupees per month and we can take our amount of one lakh when we want. It says that there is 60 -40 partnership and we are also entitled to loss. There is lots of people who invest in this company thinking it's halaal so could you please research on this company and give fatwa on weather it's halaal or haraam?

Buying and selling shares

Q: If we interpret various Fataawa then it seems we can purchase shares and then sell them. But some people say that if you purchase the shares speculating that they will go up and sell within few minutes or after an hour or after some days then it is gambling. They say that the sole purpose of share buying should be the partnership of the company. If we are buying shares in anticipation of getting higher price afterwards, it is haraam. According to some muftis the sole purpose of buying the shares should be the partnership in the company and not trading. My question is can I buy the shares of a permissible company and then sell it when the value goes up?

Investing in shares

Q: Please advise on the permissibility of investing in the following Shares:

1. BHP Billiton Plc: An international resources company

2. Compagnie Financière Richemont SA is a Switzerland-based luxury goods holding company.

3. Anglo American PLC is a global mining company.

4. Sasol is an integrated oil and gas company.

5. Aspen Pharmacare Holdings Limited

6. AngloGold Ashanti Limited is a holding company for a group of companies which explore for and mine gold internationally

7. Impala Platinum Holdings Limited, or Implats, is the holding company for a group of companies which operate platinum mines

8.Growthpoint Properties Limited is a real estate company in South Africa. The Company owns a portfolio of commercial, retail and industrial (mostly warehouses) properties in South Africa and Australia

9. Mondi Plc is is an integrated paper and packaging group.

10. South32 a globally diversified metals and mining company