Business and Dealings

Giving one's inheritance to one's adopted child

Q: If a man has no children, can he allot all his inheritance to his one adopted child?

If a man has no children but has nieces and nephews, so he adopts a baby. Now, he has some inheritance on his name also. Their child, being a female got married. And now the man is willing to transfer the inheritance to his child completely as his brothers didn’t help him even a little in building the inheritance nor did the nephews and nieces. But the man had heard that inheritance could not be transferred to the adopted child. So, is there any possibility that the man can inherit all his property to his only adopted child legally by Islam, or if not then is it possible for the man to sell all the property to the child’s husband and the child’s husband then shifts the property to the man’s child name? Please help me in this regard. 

Compensating for breaking something

Q: It had happened once that I accidentally broke a floor tile that was kept aside in a hospital. Then on another instance , I accidentally broke part of a curtain of a room in a college. Do I have to pay the compensation? If yes, then who do I pay the compensation? There is no individual owner of these properties. This is all government property. So I donot know whom to give the money? Can I put some money at the place where the broken things are? Or can I give the estimated money to a a beggar? Because if I give the money to anybody else, there is high chance that they will put the money in their own pockets.

Shar’ee solution to medical aid schemes

Q: Based on the Sharee solution at the end of this answer: https://muftionline.co.za/node/30854 , if the money is paid to the hospital or doctor directly monthly, and after one or two months, a service needs to be rendered that exceeds the amount the customer/patient has paid the doctor or hospital to-date, will that also be regarded as interest, or will it be acceptable due to it being a service received and not money?

Agent taking a fee

Q: X company sells stationary items. They store their products in the warehouse of Y company. People buy the products through the website of Y company. Y company packs and delivers the products and takes the cash upon delivery. Then Y company gives the cash to the X company and Y company receives a certain fee. Is it permissible to buy products of X company through Y company?

Mudhaarabah contract according to Hanafi Fiqh

Q: Please comment on the following from Maliki Fiqh disallowing sleeping partners in an Islamic Contract.

Please give the Hanafi position with proofs.

The only formula for a silent investor is a business loan or Qirad. In a partnership all the partners have to work, they are all equally owners and therefore equally responsible.

I said: “What is your opinion of an arrangement in which I place a person in a stall and say to him: ‘I will accept the goods and you will do the work on the condition that whatever God grants us will be shared between us equally?’” He said: ”According to Malik, this is not permissible.” (Sahnun, Mudawwana, 12: 41).

I said: “What is your opinion of a partnership between three people in which one provides the millstone, the other the house, and the other the work-animal, on the condition that the owner of the animal does all the work?” He said: “The entire proceeds of the work are to go to the owner of the animal who executes the work, and he is obligated to pay the rental fee for the millstones and house.” I said: “Is this also the case even if he does not earn anything?” He said “Yes, even if he does not earn anything.”(Sahnun, Mudawwana, 12: 45).

Ibn Qasim rejects the validity of a partnership based in cash only which stipulates that all the work be done by only one of the partners. He explains his rejection as follows:

“The basis for this is that according to Malik, a partnership is not permissible unless they combine in its work proportionally to their respective shares in the joint capital.”(Sahnun, Mudawwana, 12: 60).