Business and Dealings

Purchasing products that have a cross

Q: As we have to buy products like sunscreens and medicine even from the non Muslims (if the ingredients are halaal), they sometimes put crosses on the packaging.For instance, a sunscreen package may have a cross, the same goes for some medicines or patches.

Is it considered haraam for us to buy such medicine or sunscreens if the packaging has a cross? 

Taking out medical insurance to do a liver transplant

Q: I currently live in Bangladesh. My father suffers from liver cirrhosis. I have plans to do Masters or PhD in USA. It is recommended for my father to do liver transplant but currently the liver transplant is not available in Bangladesh and in India it will cost 1-1.5 crore Bangladeshi Taka(currency), which is out of my reach.

When I start PhD in US, will it me permissible for me to buy an insurance for my father, take him to US and do the liver transplant and then send him back to Bangladesh? I cannot find any Takaful Health Insurance in US and don't know how the rest of the insurance work there.

Will it be permissible in a case like this? 

Working in a business that sells traditional muti products

Q: At work, I'm one of the buyer's for the cash 'n carry. They sell these traditional muti products amongst many other cosmetics, sweets, household items. These traditional muti products like tokoloshe salts, oils, etc. have phrases such as "win the lotto", "bring back lost love", "go away evil", etc. on its packaging. Now I have to buy these products, price it, promote it and so on, amongst other items. I really feel uneasy about it as its wrong and impermissible to sell according to my weak understanding. I don't know how to approach the boss and inform him. And the more heartbreaking thing is that one of the biggest suppliers of these products is Muslim owned, and also many of our Muslim brothers have specialized shops selling these products. What should I do and is my earnings doubtful or haraam?

Purchaser demanding more money when cancelling the sale

Q: We had a sale agreement for our property five years ago with a person for 8 million rupees. He paid 2 million rupees in advance, and he promised that he will settle the balance of 6 million rupees after 6 months and complete the registration. However, he was unable to arrange the remaining amount of 6 million rupees. Now we are planning to sell the property to some other person. Therefore, I need to return the 2 million rupees to the person, but since it's been 5 years, he is now demanding more money instead of 2 million rupees. Do we need to pay the extra money?

Early settlement discount

Q: We have an arrangement with our supplier to pay his account, 2.5% discount on the 30th following the month of our purchases. Is this shariah compliant? If not, please explain in detail how we can rectify this arrangement so that we still enjoy the benefit of the discount.

Dissolving a partnership with the condition of restraint of trade

Q: I have a few questions pertaining to the dissolvement of a partnership. Preamble relating to the questions:

In the year 2012 (July) I sold a 50% share of my business to my cousin. Alhamdulillah our partnership proved to be very beneficial to both of us. In the year 2020 (August) I requested a dissolvement of the partnership due to personal reasons. During the time of our partnership, we established 2 branches, JHB & DBN. At the time of dissolvement we agreed to the following:

1) I would take the Durban branch and he would take the JHB branch.

2) The Durban branch generates a lower turnover so we decided to split the areas that the JHB branch supplies.

3) JHB would keep the following provinces exclusive to itself i.e Mpumalanga, Gauteng, North West and Free State. Swaziland and Lesotho would also fall under the JHB client base.

4) The Durban branch would keep the KZN & EC provinces exclusive to itself.

5) Limpopo would be divided into the following category: All “Blue Chip” clients would remain under the JHB branch whilst all independent hardware stores would fall under my portfolio of clients.

6) Botswana as well as a certain single customer from the North West would also fall under my portfolio.

7) Our agreement on the areas and customers only pertain to products that were manufactured by us. For any additional products or new products, there is no restriction on either party. Each partner is free to trade in these new products with any client in any area.

8) The value of the business was restricted only to actual value i.e no goodwill figures or future earnings were added to the value. Stock was calculated at cost and equipment was calculated at an agreed percentage of depreciation. Alhamdulillah , the dissolvement has been very amicable thus far and we pray to Allah Ta'ala that we both maintain our respect and love for each other.

Question:

1) Whilst we have a gentleman’s agreement in place pertaining to the restraint of trade, is it allowed in Shari'ah law?

2) The restraint agreement only pertains to the life time of either partner. Is this permissible?
What happens if either partner decides to hand over the business to their children. Will this restraint still be allowed?

3) In the event that either partner sells his business/branch will the restraint still be allowed?