Services Plans and Contracts

Q: Is roadside assistance permissible? Roadside assistance is a type of a plan where a person pays a company to get a service relating to their car in the case of an emergency. For example, if at any time of the year, I happen to get stuck on the road then the road side assistance truck will come and help out by changing my tire, or towing my car, filling my fuel, etc. based on what the car requires. This kind of assistance will be given 24/7 whenever I call them. Is this kind of service permissible?

Nowadays, if a person buys a brand-new car then he gets roadside assistance as a part of his car warranty. Will it be permissible for him to use the roadside assistance if he requires it?

Q:

1. Is it permissible for me to earn money through redirecting people to ad websites? When they click on a link on my website, they will first be directed to an ad website which will display an ad for few seconds and thereafter they will be directed to the link they clicked on. The ad website will pay me for each person who views their website via me directing them there. Will it be permissible for one to earn money in this way?

2. Will it be permissible for me to earn through advertising for people on my website? I will display people's ads on my website and the ads do not contain any haraam elements (pictures of animate objects, etc.)?

Q: Is it permissible for a clinic to hire a doctor in this way that he will be paid a stipulated sum of money for each clinic session, regardless of whether any patient is seen or not?

Q: Is it permissble to do a service in the following mannner:

1. The worker explains the service and its disadvantages to the client.

2. If the client wants the service, he pays a certain portion of the payment upfront as a deposit.

3. The worker then uses some of this deposited amount to purchase a facility that allows him to complete the service.

4. The work is then done and shown to the client for approval or rejection within 25 days.

5. If the client approves it: the client pays the remaining amount, and the completed work is given to client, along with ownership of the facility.

6. If the client does not want it: the worker then cancels the facility, receives a full refund from the facility provider, and returns the full deposited amount to the client.

Q: A certain person who works at a school decided to leave with a two week notice. The contract states that a three month’s notice period must be given, which is not correct according to the labour law. The labour law states that one month’s notice must be given. However, the board has decided that if the notice period is not served, the employee must pay them three months salary. The current month will not be paid and the employee must pay them for the other two months. Is this condition correct in the light of Shari’ah?

Q: My brother would like to start a business as an ISP (internet service provider). He will basically be providing internet to the users in his local area. A few people told us that it is haraam because some customers may use the internet for haraam e.g. porn sites. Is it permissible for him to start this business?

Q: There is a certain car tracker company that charges an installation fee of R1400. Thereafter, they charge a monthly fee of R120. If one’s car gets stolen and the company cannot recover it, they will give him the amount that his car is valued at in cash. However, if the car is recovered later on, one will have to return all the money that one received from them within 14 days. If one does not return the money within 14 days, then for each day that passes thereafter, interest will be charged. Is it permissible to take out such a contract?

Q: I have taken a medical plan given directly by the hospital for my wife for the duration of her pregnancy. They provide this plan for each trimester. Can it be taken or is it the same as insurance?

Q: I have the following questions regarding the employment of an imaam:

1. Can the imaam claim full pay if he leads only four salaahs while his contract stipulates all five?

2. Is he entitled to a full salary during his annual four week umrah journey and five week family holiday?

3. Is he entitled to severance pay when his duties are not required e.g. if the prayer place (jamaat khana) is shut down by the government?

4. Some people think that the imaam is like a khalifah, once you employ him, the community has to support him for life, even when he is not assigned any duties.