Ijaarah

Q: Please advise with regard to the following aspects in connection with domestic helpers: 

1. Is it necessary to fix the daily/weekly times of work, or is it okay to have a casual arrangement, such as starting and finishing on flexible times, but getting the work completed? 

2. If there is an occasion or family function, the helpers are automatically expected and required to assist with all the set up and clean up etc. This can go up to late in the evening, even after 10 pm. Is this acceptable as part of the "understanding" between the parties that such events will come and the helpers will be required to work? 

3. The helper does not work on Sundays. If any occasion or family function falls on a Sunday, does the helper have to be separately remunerated for the Sunday work? 

4. Almost every few months, we have guests who stay for a few days. Sometimes, it is an entire family. This obviously increases the workload of the helper in many aspects, such as cleaning, washing and ironing of clothes, etc. Does this have to be separately remunerated? 

5. If in the past the worker was made to work overtime without any remuneration, or was given extra tasks which took more than the normal time, out of negligence and without realising that this was not correct in terms of shariah, how does one now make amends for this? 

If any helper worked in this manner and has left and there is no trace of the person, how does one make amends? 

6. Some helpers grudgingly accept a lesser amount than the general norm or what they are happy to work for, due to desperately wanting a job. How do I ascertain if the wage being paid is fair and I am not exploiting the helper in any way? Is there a way to determine what is fair and what is exploitation? 

7. Can salary be deducted for damage caused by the helper due to negligence or lack of due attention while engaging in the tasks? 

8. Any general advice with regard to employment and treatment of the domestic helpers will be much appreciated.

Q: I work in an audit firm. One of the clients we have is a retail supermarket with over 25 companies/branches. 1 of the companies is selling alcohol. 

1. Please advise if we can do the audit of such a company? 

2. If not permissible but the audit was done previously, what must be done with the audit fee?

Q: What is the ruling for someone who is using a card machine and charges the customer the same percentage that the company charges them for using the card machine in order for the shopkeeper to access the customer's money?

Q: I recently started learning how to do balloon decorations and someone asked me to make some decor for their birthday party and my mom agreed without me giving consent first. 

I am well aware that we are not allowed to celebrate birthdays and I do NOT intend on celebrating nor attending this birthday party. Am I allowed to make the balloon decorations for this person with the intention of not celebrating with them?

Q: My company does not pay me on time. Salaries have been delayed for over 6 months. Now they have allocated money for a project. But the client has already completed this project and the company does not know about it. 

Can I take this money and use it for my personal expenses as the company does not pay me on time at all? I am the one who is controlling the cash flow and only I will know about it.

Q: I want to ask about earnings from food delivery services in a non Muslim country/community. Uber Eats, Door Dash are the delivery service name. 

The delivery is not containing any alcohol, etc. but sometimes some foods containing pork products. Either cooked or sometimes grocery items contain bacon, pork products, etc. Are the earnings halal or permissible by a Muslim?

Q: I have a question for Mufti Saheb regarding a business contract for an employee. 

I am an optometrist and have my own optometry practice. It is the main source of my income to run my home. I am hiring another optometrist to run the business so that I can increase my studies. 

The going rate for an optometrist is around R25 000 a month in KZN. 

I have offered this person a salary of R15 000 with the incentive of earning 50% of the profits from the business every month. 

In the expenses of the business I have stipulated R25 000 as a salary for myself to run my expenses. I will still assist in the decision making and management of the practice. As the sole owner of the business. Is it permissible for me to take this R25 000 salary as part of the business expenses not to be included in the profit. 

The expenses are all shared with the optometrist I wish to hire so that there is full transparency.

Q: I have two question regarding the agency fees for real estate.

1. Is the agency fees haraam for an agent if he shows numerous real estate properties to numerous clients and then one of the clients, rented or bought a property and the agent takes 10% or so amount of the property sold or half month or the rent for the commission of the agent? 

2. Is this agency fees is haraam for the client to pay to the agent?

Q: We acquired a property upon which the tenant has a six year lease on terms that fall far short of market related rentals. Are we obliged to renew the lease for the renewal period. 

It should also be remembered that the lease was irregularly concluded to start with and as already existing shareholders our rights were infringed upon by the person concluding the lease.

Q: 

1. A lesbian woman approaches a Muslim notary to draw up an Antenuptial contract for a civil union with another woman. 

2. A person who is openly gay/lesbian approaches a Muslim lawyer to do work for them. The work doesn't have to do with the client being gay/lesbian. It is normal legal work. 

In either of these scenarios, is it permissible for the notary/lawyer to do the work?