Business and Dealings

Charging a cancellation fee

Q: I booked accommodation with a certain guesthouse for the March school break holidays which was originally from the 20th March until the 30th March for a total of 10 nights and payed a sum of R8500.

On the 15th March the President announced that we are facing a pandemic and was putting social distancing restrictions in place as well as non essential travel was to be cancelled. The next day I contacted the guesthouse to cancel my accommodation due to the presidents speech the night before. While negotiating the penalty for cancelation, the beaches were then also closed.

After much deliberation I was penalised 4 nights (40%) of my 10 night paid accommodation without a cash refund however a 6 nights credit for future stay. About 10 days later I was contacted for a refund to be processed. The amount refunded was 60% of what I paid (R5100) resulting in a 40% penalty as per above.

My question is, is it Islamically permissible for this penalty as this cancellation was due to the pandemic as declared by our President.

Sharing in the profit as well as the loss in a mudaarabah contract

Q: I wish to do mudaarabah with a friend. I am the active partner. If I make a profit it'll be shared according to the percentage of profit agreed between us. However if I happen to make a loss, I take the responsibilty of returning the sleeping partner's money (capital). I take this guarantee. Is this halaal. If not please guide us to a legitimate way.

Using freelancer.com website

Q: There is a website called freelancer.com , where a person can hire graphics designers, website designers and the like, to do work for him. One option available is called a contest, where one posts ones requirements and the price he will pay, the money is charged by the website, then various graphics designers who want to offer their services (optionally) create mock ups / designs which the person can then choose between. Sometimes over 50 different designs are made. The person then chooses the one he likes the most. The website transfers the money to that designer, together with taking a small percentage fee for using their platform. The one designer who's design was chosen, will be paid. The remainder who's designs weren't chosen, and had voluntarily posted designs in the hope of winning the contest, get paid nothing. Is this type of contest / ijaarah permissible?

Credit cards

Q: I have a question about credit card's if you could please answer it, My question is this: Are credit card's Halaal?

To elaborate on this - if a company offers me 10,000 euros to spend on a card as and when I wish and all I have to do is pay back what I have used in 30 days and no charges will be applied to my month bill, BUT if I don't pay off this amount that I have used in the past 30 days then they will add interest to my repayments, like 15% of what I have used every month till I pay it off and based on this I agree and I enter into this agreement with that company and take and use this card. My intention is to pay off my bill every month before any interest is applied so I don't pay any Riba (interest) and I do, I keep up with my repayments every time and I don't not pay any interest at any point. But I have agreed that if I do miss a payment that I will pay them the interest. Is this permissible? Is it allowed for a Muslim to enter such a contract to make a agreement to pay Riba(interest) if such and such happens, but the Muslims intention is to never be in that situation but yet still agreeing that if I do fall in that situation I will pay you with interest. A brother of mine fell on hard times and he took a credit card to get himself through this hard times and he told me that some Ulema have said that it is permissible if you need it and as long as you stay within the monthly repayments without the add of interest. My understanding is that a Muslim must live by his oath and even agreeing to do Haram(whether or not you do it) is Haraam.

Jazak'Allah Khayrr for your time and I wait to hear your reply and clarity on this matter.