Business and Dealings

Taking back a gift

Q: Mufti Saheb, could you please explain to me in which situation is it permissible for a person to take back a gift and in which situation is it not permissible? Is it makrooh-e-tahreemi to take back a gift which one had gifted someone or makrooh-e-tanzeehi?

Similarly, if a person gifted a family member, is there any difference in the sharee ruling if one wishes to take back the gift?

Supposing, someone had taken back the gift from a non-relative or relative against their consent and happiness, what are the deeni consequences? Will the item return to one’s ownership and will it be permissible for one to use the item?

I am a student in madrasah and would appreciate if you could provide me with the full details around this masalah.

Not giving the profit to the shareholders

Q: If you had given someone a sum of money to invest in a property but they are now constantly making excuses not to give the money or the profit to you (but you don't know their situation - maybe they are struggling) would that be considered as just a debt or stealing? Does it make their income haraam? For instance, if they are hosting a function, would it be permissible to attend and partake of the food?

Gifting during one's lifetime

Q: I have three brothers and two sisters. My dad built some houses. Whilst alive my dad said that these houses are for my younger two children. He had an intention to build houses for my older brothers, but before he could, he died.

My question is, will the first set of houses go to the younger children or will they be shared between all the brothers and sisters?

Selling a property and holding back the property while receiving the rentals until full payment is made

Q: Please advise on the following:

I have a share in a property I'd like to sell privately. The buyer wants a few months to pay.

Can we do the sale as a cash sale rather than credit, and I allow him time to pay, but till he pays the entire amount I hold the ownership of the property and receive the rentals. When the final amount has been paid in full, the property transfers into the buyers ownership and he receives rental.

In essence, for safety reasons and to receive the rental in the interim, will this be permissible, rather than doing a credit transaction where the ownership would transfer immediately and I would have a doubt regarding payment later.

Paying a monthly levy that includes insurance

Q: Over the past years, I have saved sufficient money that would allow me to purchase a small apartment. Whilst negotiating I noticed that the monthly levy that I will pay is used to cover the insurance of the apartment and cannot be removed.

1. Am I allowed to purchase this property and make the monthly levy payments?

2. If it is permissible for me to purchase, live in the apartment and make the levy payments, would I be allowed to make claims against the insurance for items covered by them like, burst geyser, etc.?

Car dealership helping the customer acquire a credit facility with interest

Q: Is it permissible to own a car dealership whereby you sell cars to customers borrowing money from the bank and are paying interest?

From my understanding, even to witness the transaction is a sin. In this case we may be encouraging it to make a sale and helping the customer get finance. Is the profit from the sale halaal?

In some instances the banks give the dealers a kickback for arranging the finance with them, would this money be halaal?

Faking an accident and claiming from the insurance company

Q: A while back a friend invested in a car but got financially stuck and became maqrooz of many people. Another friend of his suggested to insure the car via Takaful and get the money through them.

So the process would go like this, for a while the car was insured and then after 3 or 4 months they faked an accident and lodged a claim. During this process they had to lie about the accident and where and how it took place. The insurance accepted the claim and gave them the sum of the car.

Now I want to know if this money is halal for them or not?