Business and Dealings

The minimum time period of a salam transaction in the Hanafi mazhab

Q: I had learnt in madrasah that among the conditions for the permissibility of a salam transaction is that the period of time from the date of the sale until the date of delivery should be a minimum of one month. If the salam period is less than one month, then the transaction will not be permissible and will not be valid. 

However, I was recently informed that there is another opinion in the Hanafi Mazhab, that even if the the period of time from the date of the sale until the date of delivery is less than one month, the salam transaction will be permissible provided that there is an urf of that nature in the place where one is staying. Is this the correct view in the Hanafi Mazhab?

Being forced to take out insurance when buying a car on installments

Q: There is car company and they are selling their cars in the following manner: 

I pay a certain amount of the total and they give me the car but they don't transfer the car to my name. Then, after I pay the 9 installments, the car will come into my name. In the meanwhile, they ask me to take an insurance policy for 9 months to cover me from all risks in case something happens to the car. Is this type of deal correct?

Previous lease agreement automatically terminating when purchasing a property

Q: We acquired a property upon which the tenant has a six year lease on terms that fall far short of market related rentals. Are we obliged to renew the lease for the renewal period. 

It should also be remembered that the lease was irregularly concluded to start with and as already existing shareholders our rights were infringed upon by the person concluding the lease.

Muslim lawyer doing work for a gay or lesbian

Q: 

1. A lesbian woman approaches a Muslim notary to draw up an Antenuptial contract for a civil union with another woman. 

2. A person who is openly gay/lesbian approaches a Muslim lawyer to do work for them. The work doesn't have to do with the client being gay/lesbian. It is normal legal work. 

In either of these scenarios, is it permissible for the notary/lawyer to do the work?

Using the name of Hazrat Khadeejah (radhiyallahu anha) to promote feminism

Q: In regards to the fitna of feminism arising, many of our Muslim women have fallen for this wherein if you try to advise them that university and offices is not a place for a Muslim woman, their argument is that Hazrat Khadeejah (radhiyallahu anha) was a businesswoman. My question is: 

I find that using Hazrat Khadeejah (radhiyallahu anha) as an example of why they want to work in the corporate sector by saying that she was a businesswoman, etc. is very disrespectful towards the mother of the Muslim women. How do I explain to them that using the Sahaabiyyaat as examples is very disrespectful? 

A permissible and impermissible form of transacting

Q: Please advise which of the following is permissible: 

1. A person buys an asset and then sells it to a customer for a profit on terms. For example, he buys a truck for R2,000,000 and sells it for R4,000,000 fixed price over 5 years. Buyer is aware of this and is willing to pay the R4,000,000. Would this be permissible? 

2. A person buys an asset and sells it to customer for the capital + profit earned on the asset during the agreed capital re-payment period. For example, he buys a truck for R2,000,000. Sells the truck for agreed R2,000,000 over 5 years + pays him the profit he makes while using that truck in his business over those 5 years. The profit varies based on the business he does each month and there is possibility of loss also. At the end of the 5 years the truck belongs to the buyer, and he stops sharing profit. The seller of the asset is made well aware of the risks. Would this be permissible?