Business and Dealings

Q: How should interest money be disposed of?

1. Is tamleek (passing of ownership) necessary i.e. does it have to be given to an individual person or can it be given to madaaris or for digging of wells, etc.?

2. Can it be given to non Muslims?

3. How poor must a person be to give him interest money?

4. Can interest money be used to pay tax, fines, bank charges, etc.?

5. If a person has bank accounts at multiple banks, does he have to withdraw the interest from each bank separately or can he just give the amount in sadaqah from his cash on hand?

6. If a person is in debt, can he be given interest to help him settle his debts?

7. Is interest money regarded as dirty wealth for the recipient?

Q: A partnership was dissolved with one partner buying out the other partner. They agreed that the payment will be made over a period of one year in instalments. Does the partner who sold his share have any right in the profit which the business generates during this one year?

Q: If one wishes to buy gold coins or gold jewellery, then what are the conditions for the transaction to be valid? Are there any particular masaa’il related to this?

Q: I recently read an article which claims that it is permissible for a Muslim to take out a medical aid contract. The article explained that if a stipulated monthly fee is paid to the medical aid company in return for which they assume responsibility for the client’s hospitalization or medical expenses, it will be permissible.

The reason for this medical aid contract being permissible in Shari’ah is that it is regarded as an ijaarah contract (i.e. hiring of services) between the member and the medical aid scheme. The ijaarah works in this manner that the member pays a fixed and mutually agreed amount monthly, and in exchange, the scheme takes responsibility for his treatment and wellbeing.

The article also stated that the medical aid scheme can be compared to hiring the services of a barber and a wet nurse. In many villages of India, it is a common and well-known practice for a family to give the barber a stipulated amount of grain or cash at the time of harvest. In exchange, the barber takes responsibility to cut the hair of the family whenever they wish during the year. In this case, although the number of haircuts that he will give to the family is unknown, this ambiguity is tolerated and overlooked as it does not lead to any dispute.

Q: Is it permissible to have a different cash price and credit price for the same item? For example, if a customer buys an item upfront, he will pay R1500, but if he buys it in instalments, it will cost him R2000. Is this allowed in Islam?

Q: I'm a perfume trader in which we get orders for men and women perfumes. As women's are prohibited from using perfumes so can we distribute or sell ladies perfumes products.

Q: When giving a loan without interest, we charge a loan process amount. Is this haraam or not?

Q: Is it permissible for Muslims to have Easter, Diwali, Christmas, Black Friday sales, etc.? If it is not permissible, then what is the reason? Some Ulamaa say that this is emulation of the kuffaar. What does emulation of the kuffaar refer to?

Q: A person wishes to take out third-party insurance. He claims that this form of insurance is permissible because the insurance company will not pay him anything in the event of an accident but will rather pay out the third party. Is third party insurance permissible?

Q: I had rented a house and thereafter negotiated with the landlord to purchase the house. As I did not have the funds to purchase the house, my friend offered to assist by loaning me the full purchase price payable to him as arranged. He forwarded the monies to the seller and the legal transfer process from the seller to me commenced. Soon thereafter my friend went through some financial problems and his family members demanded that I repay the loaned amount to him (my friend) within 24 hours. I was very troubled as I could not arrange such a large sum within such a short time and whilst I was at work another friend happened to pass by. We greeted one another and he noticed the troubled look on my face. Upon his insistence I explained to him the situation and he there and then phoned his bank and asked them to transfer the money to my first friend's account. I was surprised and asked him about the repayment and he said that the house is yours and we will talk about the repayment. Upon my insistence he suggested that I pay 4000 rental monthly for now and then we will discuss the repayment.

NB. Since the house was in the process of getting transferred to my name from the seller, he (second friend) asked the conveyancer to continue with the transfer into my name and when I queried with him, he did mention that the house is yours and it is for you. I continued paying the monthly stipulated rental until one day he passed away.

Upon his death I told my wife to ask my friends widow about the house and she said that she is aware of the situation. She sent her brother to my house who then said that they prefer keeping the house as an investment for the children and they do not want to sell. I did not pursue the matter further until I recently mentioned it to an aalim who felt that it could probably be that I am paying interest and the widow is receiving interest as the amount given to me by the second friend was a loan and not a purchase price of the house.

Can you please advise as to what the status of the above transaction is and who is the owner of the house and what is the status of the monies forwarded to me by my second friend as I would not like be involved in interest in anyway.