Business and Dealings

Fixing a ceiling in turnover clause rental agreement

Q: I read the fatwa regarding rental based on percentage of turnover being impermissible. I would like to query further that in the case where the landlord fixes a maximum amount for the rental, so that in the event of the turnover being a very large amount, the rental will not surpass the ceiling that has been fixed for the rental, will the ruling change in anyway? Most commercial properties work in this way and many tenants request this type of an agreement and are pleased with it.

Accepting a box of sweets from a non-Muslim

Q: I am in great trouble. My aunt has brought a box of sweets which some non Muslim has given us on the occasion of Diwali (non-Muslim festival). I did no know about it. So I have taken sweets from it and when I took one sweet from it my mind struck that this might have came on the occasion of Diwali and when I asked her, she told me yes this is on the occasion of Diwali. So I got confused how to get rid of it so I made a plan that I will take one bite of it to show other family members that I have eaten it and after spitting all the sweets which I had taken I felt that very little part of it went inside my throat which I was not able to remove. So my question is have I done kufr or shirk. Believe me, I didn't want to eat that sweet but since I have taken that sweet so I was afraid that if I reject this sweet in front of other family members, they start pinching me. I love Allah very much and also want to be free from shirk, bidat and haram things.

Installing an ATM machine on one’s premises

Q: Your answer on installing an ATM refers : "since it is possible for one to withdraw interest bearing loans through this medium, it will not be permissible to install an ATM on one’s premises as one will be aiding in the sin of riba (interest)."

Question: 1) Will it not fall in the category of having a dual purpose as it is possible to withdraw halaal savings also. The property owner cannot be responsible for someone that uses the ATM for a wrong purpose similar to the sale of grapes?

2) If the illat is "the possibility of withdrawing interest bearing loans" then till point credit card machines should also be impermissible as a person whose account is already in overdraft is in fact paying by using "interest bearing loans " irrespective of using the budget or straight option of payment.

Early settlement discount

Q: Please give me guidance regarding the following:

1. We have an agreement with most of our suppliers that all accounts are to be paid within 30 days from date of statement. We receive a settlement discount of 2.5% only if we pay our account within the specified time (30 days from statement). Is this permissible?

2. In some instances, we pay a few accounts later than 30 days from statement (between 3 and 5 days later) and we are still allowed the 2.5% settlement discount from our supplier. Is this permissible?

3. If we sometimes have any extra cash flow, then is it permissible for us to call our suppliers and negotiate an extra settlement discount? For early payment of our account (that is paying our account in the same month that we purchased the goods, not 30 days from statement, but on the day we receive the statement) we are offered an extra 1.5% early settlement discount. So instead of the 2.5% only we receive a 4% settlement discount for early settlement. Is this permissible?

Taking an oath of allegiance to gain citizenship in a non-Muslim country

Q: Zaid is in a country which is a country of kuffar (kuffar rulers, dominant kuffar population, elected body making laws is all kuffar). However there Muslims living there and there are hundreds of mosques, even medaris for religious education. There are some areas where Muslims presence is clearly felt. Zaid went there for higher education and finished his masters degree and then got a very good job of his field. The employer organization arranged for his permanent residence permit to work freely there. He wants to come back to a Muslim country. But, he will get much higher salary and many benefits if he has the citizenship of this biladul-kuffar. So people are advising him to first get the citizenship and then return your home country. Is it jaíz for Zaid to apply for citizenship that will require finally an oath of allegiance (giving up allegiance to his country of birth and declare allegiance to this country of kuffar?). Some say the required oath is only a political allegiance and not a religious allegiance because their constitution give complete freedom of religion.

Old mutual annuity fund

Q: This question is regarding and old mutual annuity fund.

1.) Am I allowed to use the profits from this fund?

2.) If not, can I use the profits from this fund for renovations or Building a room for my domestic workers?

3.) What other options do I have in using these profits?

Mortgage

Q: I had three questions regarding interest:

1. Is a mortgage (on interest) permissible in Islam to purchase a family home?

2. If my parents are pressuring me into purchasing a family home through mortgage rather than renting, am I under obligation to listen to them?

3. If I make a total of the amount of interest my father pays on a regular basis with the intention of persuading him to reduce his loans, is this permissible, and would this be considered “recording interest” which is forbidden in hadith?