Business and Dealings

Asking for a refund due to the purchased item being faulty

Q: I purchased a second hand aircon from a fellow Muslim brother. He promised me that its works perfectly. I took his word on it and paid him R2000.00 to install it. R1500 for the unit and R500 for installation. However the aircon did not work from day 1. I kept on messaging him for 2 months that its not working but he kept insisting it is and he continued ignoring my messages. I got fed-up and asked him to please remove it as its not working. Without my knowledge he came to the house after the 2 month period when my dad was there to repair it, and he admitted to my dad its not working. He said he will bring the parts to repair however I told him to remove it. He then took 3 weeks to come and remove it and told my dad he will do a bank transfer for the refund. A week later after messages after messages he only refunds me R1000.00 and tells me that because of his time and labour he is only refunding half my money. When I explained to him the unit costs R1500.00 as per his invoice he said no the unit was R1000.00 but when I sent him a picture of his invoice he admitted its R1500.00 and he will only refund the R500.00. It is now gone a week and he has gone back to ignoring my messages and no refund has been received. I ask you respected mufti, what must the total refund be? Should it not be for the full R2000.00 because the aircon did not work at all. Can I lay a charge of theft against this person.

Home Financing through an Islamic Bank

Q: Our community bank offers Shari’ah compliant home financing which is structured as follows:

1) The Muslim buyer will select the property and the bank will purchase it with a contract for immediate resale to the Muslim purchaser for a fixed amount that will include the bank’s profit.

2) The Muslim buyer will be given a fixed price that will not vary with interest rates.

3) The Muslim buyer will have to sign a contract to buy the house from the bank before the bank purchases the property from the original seller.

4) The bank states that they will take a loan on which they pay interest from a secondary source to finance such a purchase. 

5) The bank states that the buyer will have to insure the property.

Is this form of finance permissible and Shari’ah compliant?

Reprimanding an employee for passing on wrong information

Q: We have a company and an employee went on vacation. Upon his Return, before coming back to the office, he met another employee who told Him that he has been fired. This was incorrect information and hence the Employee (who returned from vacation) didn't show up to the office yet. We are investigating this further to validate if the second employee did or did not pass on the false message of being fired. If this turns out to be true, what should be our action on it?

Partnership

Q: I have a shop in Karachi. A friend of mine has opened a business in the shop. I did not agree to sharing the profit but agreed that he pays a nominal rent until the shop goes in profit. He is paying is this nominal rent. But he keeps saying that we should agree on some deal that relates to the profit in the business. A suggestion is that instead of 'ijareh I become a partner in business. Can I consider the shop as investment from my side equal to the market price of the shop? He also has invested in the shop. So is it jaíz if we make a deal that 60% of the total profit will be for his efforts paid to him and the remaining 40% will be divided based on the investment of each of us?