Liability

Collecting the company phone which one forgot while out for work

Q: A person has a phone for work purposes. The phone is old and the battery no longer lasts the full day. If he goes somewhere for work purposes and forgets the phone there because it's flat and he is forced to use his own phone. Is he liable to go and pick up the company phone with his own money or will he be allowed to use the company vehicle to go and get the phone?

Printing personal work using the office printer

Q: I used to print my personal stuff from the office printer as everyone else also did. It is okay to print some amount but I took it too far and printed too much and now I feel guilty. Can I ask my boss if I can print personal things but actually the permission is for things I previously printed or should I confess? I also did this in my previous job. I want to repent properly. 

Employee liable for making purchases on a company's name after resigning

Q: Please advise who is responsible in the following scenario:

Ahmad gave permission for Ilyaas (his employee) to purchase on his company's name from ABC stores. This carried on for a whole year where he would purchase on behalf of Ahmad's company and payment for the goods would be done 60 days later, as per agreement with ABC stores.

However, without ABC stores knowing, Ilyaas resigned from Ahmad's store. In that month after he resigned, he was still making purchases on Ahmad's name and when the time came for payment, Ahmad refuses to pay as the purchases made in that period were not authorised by him, nor was Ilyaas employed by him, nor did he receive any goods. Ilyaas no longer comes to ABC stores and cannot be reached or found.

Who is liable for the goods in this situation?

Company charging staff for damaged goods

Q: A company charges staff for goods damaged by staff. It is either damaged by mistake or due to negligence. Staff are required to pay the full retail value of the item. The staff cannot take the item away. It is either sold off at a reduced value to another person. In some cases where the company can, they return the item to the supplier for a credit.

What is the shar'ee ruling in this regard?

Compensating for breaking something

Q: It had happened once that I accidentally broke a floor tile that was kept aside in a hospital. Then on another instance , I accidentally broke part of a curtain of a room in a college. Do I have to pay the compensation? If yes, then who do I pay the compensation? There is no individual owner of these properties. This is all government property. So I donot know whom to give the money? Can I put some money at the place where the broken things are? Or can I give the estimated money to a a beggar? Because if I give the money to anybody else, there is high chance that they will put the money in their own pockets.

The Concept of Limited Liability

Q: Is the limited liability clause, which is found in all listed companies, permissible in Shari’ah? Without including this clause, a company cannot be legally registered as a listed company and this will pose restrictions on Muslims in the business world. If it is not permissible for Muslims to open listed companies on account of this clause, will it be permissible for Muslims to invest in these listed companies as they all have the limited liability clause?

Item lost in postage

Q: I sell scarves and kaftans over the internet. I had a customer from another country who purchased scarves from me in September. She sent the money to me via internet transfer and I then sent her goods via Air Mail through the South African Post Office. She has since not received her goods and is asking for a refund. I received proof from the post office showing that the parcel was put onto an SAA flight to her country on 17 September 2013. However, when she went to the post office, they said that they have not received the goods. Who is responsible for the loss? I did as asked and sent the goods via post office which she paid for. She is asking for a full refund, but what about the loss to me for my stock?

Travelling by train without purchasing a ticket

Q: I live in India. Previously I used to not take the railway ticket rules seriously. I used to enter railway platforms without a ticket (which is wrong and would be fined if caught). I have sometimes travelled in trains with improper ticket. Mostly unintentionally as the rules are very complex and so we end up breaking them without intending to. This would also have been fined for if I were caught.

Once I was caught by the inspector did not fine the amount stipulated by the government. Now I feel regret for all this. Is this a sin that we need to do tawba from? If yes, then would it be sufficient to do tawba in the heart or should I give also some monetary compensation for my violations ? (There is no proper government facility to collect fines for violations that go unnoticed). 

If I should give compensation, should I just pay the government the original amount that I should have paid? Or should I also give the fine that I would have had to give if I were caught? I am very confused as to what I should. Please guide me on this issue.