Business and Dealings

Including impermissible clauses in a lease agreement to deter tenants from delaying payment

Q: Due to tenants not paying rental on time, we intend putting a clause to deter tenants from delaying payment. Please advise if it is permissible to include the following clauses in a lease agreement.

NB: We only intend using one of the 2 clauses in each lease.

1. Failure to pay monthly rental by the due date will result in the premises being locked by the lessor. The lessor will only unlock the premises once all arrear rentals are fully paid. The lessee will be charged for expenses incurred in having the premises locked and unlocked.

2. Failure to pay rental by the due date will result in immediate termination of lease. The lessee will be liable for a daily rental of R1000 until the premises has been vacated or a new lease has been agreed upon. (The amount for daily rental we intend using here will be significantly higher than the [proportionate daily] amount the tenant is being charged accordingly to the lease which has a monthly rental amount.)

Ownership of an item purchased for a child

Q: My mother bought a certain baby accessory for my baby sister. At the time of purchasing, she was not aware of the fatwa (of ownership) so she simply bought it without making any specific intention of who the owner is. In other words, she bought it with her own money for my baby sister (her youngest daughter) to use.

Its been 5 years and now I am married and have a child. Will it be permissable for my mother to give me possesion over that accessory so that I can use it for my baby?

Loyalty club members receiving discounts and entry into competitions

Q: There is a loyalty club business where you pay for a yearly membership and get discounts on a variety of stores. The company also gives you free entries into bi monthly prize draws to win a car, etc.

Since we are not paying money for the entries but are paying for the membership, will it be considered halaal if we win a prize?