Q: I live in Europe (Holland), I want to ask whether it is permissible to take a liability insurance.

I have read many information about this issue and many ulema do forbid it. However i have found a fatwa issued by the European Fatwa Council (see below and the orginal fatwa is located at: http://www.e-cfr.org/data/cat30072008114456.doc on page 50) and see here there members of ulema of the counsil: http://www.e-cfr.org/en/index.php?ArticleID=305

This is the fatwa given by the European Fatwa Counsil (the deobandi scholars Mufti Taqi Usmani and  Mufti Ismail Kaccholvi are a member of it):

Q: Some people say that to take Ujrah for teaching Qur'aan/Deen is not permissible according to Imaam Abu Hanifah (RA) and Nabi (SAW) prohibited it very sternly yet the Hanafi Ulama take Ujrah for teaching, is that not that they are eating Haraam and following their desires, will Allah's curse come upon them as the Yahud? Please clarify with proofs as this has become a serious issue amongst friends and family.

1. Is it permissible for taking Ujrah for teaching Qur'aan/Deen according to the Ahnaaf?
2. If they have been taking Ujrah for teaching Qur'aan/Deen, is their sustenance Halaal?
3. Is it permissible to eat at their homes?

Q: In the year 2000 I got married, and because I assisted my parents to pay the bond, my mum was concerned how she will still expect me to help her because I was starting a new life. My brother in law (sister's husband) Mr A told my mum Mrs J that he will help her pay off her bond.  The bond was R240k, so he told us that he will put R200k and we must find the balance, which we did.  Mr A's 'deal' was that until my parents are alive they will live in the house, even if one had to pass away, the other will still live in the house.  Mr and Mrs J were to have saw to the general expenses, lights and water, rates, plumbing problems etc etc.

In the event of the house being sold, Mr A would get his 'expenses', when asked at that time, what was the expenses we were told R240k including lawyers costs. 

The house is on my name. During this time I travelled from Pta to Dbn since the title deeds of the said house was used by Mr A - he used the house as a guarantor, to take an overdraft from the bank which at that time I was told was being used for HIS business purposes, and I had to come and sign the documents for this.

On the 27th April 2011, Mr A made mention to Mrs J that the house expenses to him is now standing at R500K.... On the 17/05/2011, Mr A phoned Mrs J to say that arrangements must be made to transfer the house to himself.

At no time ever did Mr A state to us that the costs paid in the year 2000 will increase on an annual basis.  Mr A states that the overdraft he took out at that time, we are liable to pay the interest on this. I then asked two questions: 

• When did he stipulate that this cost of R240k (which we accepted as R200k cash and 40k lawyers costs) will increase on an annual basis to such an extent that it now is on R500k.
• When did we sell the house to him that a Transfer must take place?

Now since the 17/05/2011 after I asked these questions, Mr A says he just wants his 'expenses' of R500k, he doesn't care if we take out a bond or whatever, he wants this costs! He maintains that he did tell us that if the house gets sold, he will get HIS EXPENSES - which I say again was NEVER ever told that it would be an annual increase or that we must pay the interest on the Overdraft that was taken out, I must add, for HIS business...

Please help urgently, what is the Shariah ruling for this DEAL?

Q: I purchased a house in Lenasia in 1980. A few years later, in 1984, I sold it to another person by the name of Zubair for R75000.00 and I received this amount in full. at that time, I still had R22000.00 outstanding on this house to be paid to the housing department. Zubair had agreed that he would also pay off the outstanding R22000.00 that was owed to the housing department.

We had agreed on this and parted ways. The property still legally remained on my name as Zubair was not able to afford the transfer at that time. However, it was understood and agreed that the house now belonged to him.

In 1985, I applied for land in Durban  and was awarded land. In June 2007, I received a letter from the housing department stating that I am entitled to a discount benefit scheme that was to write off all arrears accumulated and to give transfer of the title deeds of the property in Durban. When I went to apply for this discount, the housing department realized that the property I had sold to Zubair in Lenasia is on my name and they had assumed it to be mine and had written off all arrears on that property which stood at R31929.00 at that time. As a result, I was unable to obtain the discount on the land that I actually own here in Durban and I really need this discount because I still owe 30 000 on this property I have in Durban. When I approached the housing department to explain to them what happened, they said that they cannot do anything about it since the property in Lenasia is still registered on my name (but I sold it long ago!). The housing department advised me that I should sort it out with Zubair. Am I entitled to any recourse and can I claim from Zubair the amount that was mistakenly written off on my name from which he benefited? 

Please advise what are my rights in this situation.

Q: A certain person imports electronics and pays duty and tax on it as normal. Recently, the government has introduced another tax on such goods imported which is a fixed rate of R3 on each item imported. Previously, the goods used to land the importer at R1.80 per item after paying taxes and duty, and now lands him at R4.80 which is quite ridiculous. Is it permissible for him to avoid this levy?

Q: A few years back, I owed money to a company. A family member who was owing me money undertook to pay it on my behalf in lieu of what he owed me. I have recently found out that this money was never paid by him. On contacting the business, they told me that it has been bought over by another company, but the person I spoke to was unsure whether the company had taken over the debtor’s book of the company and was of the opinion that they had only bought out the stock holding. I have sent them numerous e-mails trying to establish if this was the case, and if so, requested that they provide me with the details of the previous owners so that I may repay this amount. To date, I have had no correspondence from them and find myself in a predicament of not knowing where I stand. What should I do in this situation?

Q: I need your shariah ruling on the following matter. A property was sold in 2003 for an agreed sum. The seller, represented by executors and heirs duly signed the purchase and sale agreement. The purchaser paid the transfer duty to SARS via the conveyancer. To date, transfer of the property has not taken place. Some executors and heirs who signed the agreement are now deceased, thus estates upon estates had to be finalised causing indefinite delay in transfer. 

The new heirs are not willing to honour their parents signatures on the agreement, reason being:

1. Price of property - not market related - as at today
2. Arrear rental - some of the buyers are tenants on this property and have refused to pay the increase in rental due to the delay.

At present, papers are ready for transfer, pending the signature of a few heirs. If the seller does not honour the agreement, the purchaser is now seeking High Court ruling for finalisation.

Does the seller have any reason to dishonour this agreement? 

I seek the shariah ruling, hoping to resolve this matter.

Q: I loaned a certain person R10. When it was time to pay me, he gave me R12. There was no condition or agreement regarding the extra R2. He gave it to me of his own accord. Is it permissible for me to take it?

Q: After intercourse if I get any najasat impurity on my body then immediately I wash off everything then in the morning before going to the gym I don't takea bath and wear my gym garments then after coming back from the gym I take a bath. I know this will clean all the impurity but some day if I dont have intercourse with my husband and before going to the gym I use the same unwashed gym garments then tell me this will make me impure najis or am I pure? Because I get a little sweat while I excercise.

Q: What is the iddat for older woman?