Business and Dealings

Who is responsible to pay for general maintenance in a rented property?

Q: A person rents out a flat and signs a lease agreement wherein it is stated that the tenant will be liable for maintenance costs. However, in light of the shari ruling, who will be responsible to pay for general maintenance of the following; changing the bulbs, repairing a clogged pipe, repairing the aircon, replacing the geyser, replacing damaged washers, etc.?

Working for FLP

Q: I want to know if it is halaal to work in a network marketing company especially in FLP company America.

This is a brief overview of how the company works:

After free registration under sponsorship of a person who I join through his ID, the company is giving us their products (aloevera contained-health products) with some discount to sell them to the general public.

We have to then pass different levels in order to achieve different status in the company

1) We have to buy at least 5000 products and sell them. To achieve the level in which we can add/join some other person under ourselves (under our sponsorship) to do the same business. After achieving this, we become "business owner".

2) We have to sell/recommend the product of cost 33000 to acheive 2cc (cc=case credit), which is common currency of this company all over the world). In this case, we become "assistant supervisor".

Likewise, the more CCs we achieve, the different levels we reach and the higher salaries we earn.

3) Here we receive bonus/passive income from our downlines (the people who joined me or the person who joined them, and carrying on further down the chain) as well. We receive some special percentage of amount from their (downlines) work as well. This earning is called  "bonus or passive income" here.

However, the bonus amount/passive income is subject to a condition that we must fulfil, that we have to generate a special number of CCs (case credits) by ourselves actively, then only we can receive our passive income otherwise we will be denied any passive/bonus income.

Please advise on the permissibility of above.

Designing a structure for a church and selling grapes to someone who will use it to make wine

Q:

1. Is it permissible for an engineer to design the structure (i.e. steel in beams, columns, etc.) of a building which the owners will use for producing alcohol?

2. Is it permissible for an engineer to design the structure of a church?

3. Is it permissible to sell grapes to someone who will use it for making wine?

Returning an item that does not belong to you

Q: When I was a child I remember one of the neighbours close to us had a garden that from what I remember was quite messy like things were about and one thing there was a tricycle and it looked like the one I had when I was a child and to think at the time I thought someone must have dumped my tricycle there so I took it out.

However I cannot ascertain if it did belong to me and perhaps I took someone’s tricycle, maybe I thought the garden was messy so my tricycle was dumped there.

I believe the family have moved out now and there are new owners of the house. Would I have to approach the current owners to see if they are in contact with the old owners so I can ask the old owners for forgiveness and pay them if that is required of me.

Distributing items which were jointly purchased

Q: I am participating in a technical project at my university which will be funded by the project's team members equally. The money collected will be used to buy parts and equipment for the project. During the project's duration, the remaining money will be kept reserved for use in case a part breaks and needs replacement.

After the project is over, the parts used in the project and the money will be equally distributed to the team members.

The parts distributed will be used, and may be worn. On what basis can the parts be distributed to the team members? Should they be distributed based on their value when they were bought, or should we estimate their current market value?

Distribution of profits in a partnership

Q:

Question 1:

My brother in law and I would like to venture in a business of exporting rice from India to South Africa. He will invest 15% and I will invest 85% of cash in this venture. He will also be fully in charge for procuring the rice from the mills and for the admin work in India. I will be responsible for the work in South Africa, dealing with the customers and any other work that's needed.

I would like to find out how should our profit be distributed? Based on the percentage invested or 50/50?

Question 2:

I have invested in my brother in laws aluminium business where he uses my cash and buys for COD and his supplier gives him a cash discount of 1 rupees per kg. This cash discount he gives it to me as my dividends of my investment.

1. Is this dividends permissible for me (cash discount received by him/his business)?

2. Should it not be that the cash discount be for the business and the profit that he makes by selling the aluminium (of my cash that he used to buy) be split according to a fixed percentage mutually agreed?

Taking out a mortgage to purchase a home

Q: The question is: do we qualify to take up a new mortgage for a new home under the fatwa issued on mortgage for ONE house from the European council for fatwa and research?

The background is that we live in Norway and we own a house (apartment/ flat) of about 76 square meter equivalent to 820 square feet. Two thirds of the mortgage of the current house is paid of.

We have 3 children and we think that the house is too small for us. We are thus thinking of selling this one and taking up a new mortgage to buy a bigger (separate) new house.

As per the fatwa, it is allowed to buy/own ONE house with a bank mortgage. At the same time we don't wish to wage a war against Allah Ta'ala, as it is stated in the Holy Quran, about ribaa.

So do we qualify under this fatwa to do this? Shall we go ahead with our plan?