trust

Speaking to the jinn

Q: Someone I know contacts the jinn, is this shirk? Also, he says that Awliya from the graves talk to him and he also helps people with taweez and help from the jinn for good things, what does Islam say about this person? Can I keep him as a friend?

Asking for faskh due to mistrust

Q: Me and my wife are currently separated but not divorced. We have been separated for 6 weeks now. My questions are as follows:

1. How long are we allowed to be separated before our marriage will be null and void?

2. My wife wants a fasagh, however I want to reconcile. The problem was that I borrowed money from a friend and never told my wife and she only found out afterwards that I borrowed money from a female... Is she allowed to be granted a fasagh on the basis of mistrust and lies?

3. If she insists on a fasagh and I dont want to because I still love her and for the sake of our children, can the Alim force her to give me a chance even though her parents don't want her to take me back?

Separation and faskh

Q: Me and my wife are currently separated but not divorced. We have been separated for 6 weeks now. My questionson are as follows

1. How long are we allowed to be separated before our marriage is null and void?

2. My wife wants a fasagh however I want to reconcile. The problem was that I borrowed money from a friend and never told my wife and she only found out afterwards that I borrowed money from a female...is she allowed to be granted a fasagh on the basis of mistrust and lies?

3. If she insists for a fasagh and I dont want to because I still love her and for the sake of the children, can the Alim force her to give me a chance even though her parents don't want her to take me back?

Dividends from a non-Shariah compliant investment

Q: A person has an investment in a unit trust from the 1970's. The unit trust was not shariah compliant, and thus included investments in alcohol/gambling based companies, interest based financial institutions, as well as ordinary companies.

1. Is it permissible to utilise dividends received from the unit trust to pay income tax for a business?

2. Is it permissible to offset these dividends received from the unit trust against income tax that is deducted from a persons salary by his employer? If this is permissible, can it be offset against amounts deducted for income tax in previous years (as the dividends were already received then, and tax deducted then), or would it only be permissible going forward (as dividends are received and income tax deducted)?

Setting up a Waqf Trust

Q: Kindly advise me on the following as well as how I should go about setting up a trust.

1. I have a few properties which I wish to make waqf and wish to have full control of. I wish to distribute funds (rental) to charitable institutions, but if need be, so then I should be able to utilize the funds for myself (for instance, I must be able to use the funds for myself in certain months and for distribution in certain months certain months). On my demise, the trustees should take full control and use it fully for charity.

2. Will I be able to sell the property should I feel the need? For example, if property A is not performing well, could I dispose of it and use the funds to purchase property B? In this case, will property B automatically become waqf or will it be necessary for me to start the process all over again?

3. In the event of my demise, what control will the trustees have? Will they be able to sell and buy more properties in the benefit of the waqf?

4. Is it necessary to give the waqf a name because I like to remain anonymous? If it is necessary to give the trust a name, I request that would you kindly suggest a name for me?

 

Being unable to locate the seller to return the defective item

Q: I've bought an item on eBay and after receiving the item, I requested a refund for the money because it was not as stated. The money was returned and according to eBay policy, the seller is to pay the shipping fee for the return. I've been trying to get in touch with the seller for almost two months now but they have not responded. I would like to know what I am to do with the item I had previously bought?

Amaanat getting stolen

Q: I had deposited jewellery in my friends house and he says it is stolen and he also says he doesn't remember me giving the jewellery but he is ready to pay the amount for that. Should I accept the money from him since he is not sure who has stolen it and vaguely remembers that I have given him the jewellery. Is it permitted for me to take money from him and if yes how much to take?

Trying to locate the person one owes money

Q: I took my son to a general practitioner about 5 years ago. At the time, I forgot my medical aid card, but the doctor was kind enough to consult my son as I assured him to provide my details the next day. The next day, I contacted the receptionist and provided her my medical aid details. A year after that, I noticed that the fee did not go through my medical aid and contacted the receptionist to inform them. It is now a few years later, and the doctor has moved, and I am unable to get hold of him. He is not listed on any websites as well. How do I discharge this fee?