Taking someone else's shoes if one cannot find his own
Q: If I go to the musjid and someone mistakenly took my shoe and lefts their shoe, Can I take that person's shoe?
Business and Dealings
Clause stating that if the buyer defaults on an installment, the entire outstanding balance becomes immediately due
Q: If a person purchases an item on a payment plan, agreeing to pay the price in fixed monthly installments over a set period, and the contract includes a clause stating that if the buyer defaults on any single installment, then the entire outstanding balance becomes immediately due and payable. Is such a condition valid and permissible?
Auditing a company that sells alcohol
Q: I work in an audit firm. One of the clients we have is a retail supermarket with over 25 companies/branches. 1 of the companies is selling alcohol.
1. Please advise if we can do the audit of such a company?
2. If not permissible but the audit was done previously, what must be done with the audit fee?
Taking back the sold car due to the customer not paying on time
Q: Person A gave a person B a loan of R100 000. Person B also purchased a car from person A to the agreed value of R250 000 on a pay off basis.
Person A decided after a few months he wants his R100 000 back and full payment of the car. By this point, person A was already paid R200 000 for the car.
Person A then took the car back because person B could not meet the deadline for payment.
This all transpired over 8 months. So person A is sitting with the R200 000 plus the car and never wanted to give person B a cent back claiming usage charges, insurance charges, wear and tear cost, etc.
After much back and forth person A gave person B R25 000 back. Was this fair in the eyes of Islam ?
Taking out travel insurance due to the current war
Q: Someone is traveling next month and due to the current war and the uncertainty of flight disruptions, he has been advised to take out travel insurance by agent and visa office. A family member has interest money which he wants to dispose off, can this be used to pay for the insurance if no claim is made?
Selling zamzam water
Q: Is it permissible to sell zamzam?
Ownership of gifts given when a baby is born
Q: I would like clarification on the following points:
1. Is it necessary to ask regarding ownership of gifts when a baby is born?
2. As far as I know and understand, if a gift is given to the child themself, it cannot be used for other siblings or given away when old but has to be kept until they can decide what they want to do with it, is this correct?
3. In my situation, I tried to explain the above to my in-laws when they gifted a cot, asked them to clarify whether it belongs to my husband or the child (who was not yet even born). I explained also why and how it affects in future. But they insisted they want to gift it to the child not my husband but they want us to use it for our future kids. Mentioned that in their days that's how it was understood and money or jewellery was kept only for the child themselves.
Seeing as they weren't understanding we didn't push the issue but they mentioned clearly that it belongs to him so we decided we'll cover the cost so it belongs to my husband and that way we can use for our future kids or give away when old.
Now when the baby is born they gave clothing as gifts and when I enquired as to who it belongs to, they replied that it's his and if we don't want can return and keep money for him but we can use for future kids.
Do I take that to basically mean that it's his and we'll have to replace his things in order to use for other children or give away? I don't wish to mention anything further as that may irritate them.
4. Is it permissible/possible to gift an item to an unborn child?
Iddat of a Shaafi woman who does not experience haidh
Q: I have a query about the giving of property.
About 2 years ago, we came to know that my father had taken a second wife, in secret. This nikah had already been performed a year prior to us coming to know. When this happened, my father gave our house to my mother. We formulated a document to officiate it. This is the wording of the document:
I, So and so, ID no so and so have given my wife so and so ID no so and so ownership of property address and vehicle registration number so and so, on Wednesday 19/06/2024. The contents of property will also be transferred to my wife, with the exclusion of certain items documented on page two/2. Upon transfer, All future rates, maintenance and associated expenses will be covered by myself in full.
My father signed this, and it was witnessed and signed by his 3 adult, sane children. 1 male, and 2 females. My mother also signed. This property is still in my father’s name.
After about a year, that nikah had ended in divorce. My father is saying now, that since that nikah ended, he will not be giving the above property and vehicle to my mother. The only reason he was going to give it was if he had 2 wives.
Islamically, who does the property belong to?
2. There is also another thing that I wish to query. We are Hanafi. The ex second wife is a Shaafi. She is around 40, and menopausal according to my father. He does not have any children from her. What is the duration of her iddat, and does it affect the inheritance laws in any way?
Dropshipping
Q: Is this form of dropshipping allowed:
I advertise the product of a supplier with a 20% increase in price on my store. All products on my store have the same percentage increase from the wholesale price. I consider the 20% as the commission I receive. This has not been communicated with the suppliers, as there are many suppliers whose products are being advertised on my store.
When a customer places an order, the product is shipped directly to them. The customer pays shipping fee. They are informed that I purchase the product on their behalf and take a commission, but may not know who exactly the supplier is, or how much commission is taken (they just see total price after commission added).
Being entitled to a refund if one receives a different kurta from the one ordered
Q: I purchased a kurta from a family member, the kurta I ordered was from seeing a picture which they sent to me, upon receiving the kurta I noticed the studs are completely different from what was ordered.
I brought it to their attention, sent it back and awaited feedback. I was told that what I initially ordered was old stock and what they gave me is now the new range [I was not informed before about this] nor did they mention that picture is for illustration purposes only.
I asked for a refund as I'm not happy with that product. They are now saying they don't do refunds and I should pick something else. All this was not told to me when dealing and payment was made. I've made it clear that I don't require anything else and a refund is the way forward.
According to them they don't see any fault or difference in what they gave me as BRAND and COLOR of kurta is same.. the only difference is the studs on the kurta (which is the whole point). Now I'm being told that since I'm DEMANDING a refund they would minus a percentage of what I paid to them as a service fee, again I was not informed about all these things prior to the transaction\deal.
They are justifying all this by saying that since I am family they didn't charge me delivery fee which they paid to THEIR SUPPLIER (for them to get their stock, not for it to be delivered to me). According to them they have full right to claim this delivery fee from me and I am in the wrong.
Please advise