Liability

Repaying for an in incorrectly refunded item

Q: I bought 3 Ryse supplements from TikTok shop 2 years ago but I claimed that they never showed up even though they did and I received a refund. What can I do for forgiveness and to use this product? Is it even possible to use the product? 

I contacted TikTok customer service and they said they usually cover the cost so TikTok is the ones that lost money. I told the customer service individual that I received the order but still asked for a refund and they said that I can’t pay for it now. If I can't use them do I give them away as they are protein supplements.

Holding the landlord liable for losses caused through electrical faults

Q: I would like to seek your guidance on an issue that has deeply affected me and my livelihood. 

Before signing a 3-year lease for a store, I made it a clear and non-negotiable condition that all the electrical work—plugs, lights, DB board, etc.—must be in 100% working order. Despite this, from the very first day after moving in, we were met with serious electrical problems. 

We tirelessly and continuously complained to the landlord about these issues, both verbally and in writing. On several occasions, we brought the faults to his attention, yet the repairs were either ignored, delayed, or done in an extremely poor and cheap manner. Some electricians even refused to work on the premises after assessing the condition of the electrical system, clearly indicating how bad and dangerous it was. 

We did everything within our capacity to get the matter resolved, but the landlord failed in his responsibility. Unfortunately, this ongoing negligence eventually led to a fire that destroyed my store and stock. I now suffer major losses, while the landlord is relaxed and content, knowing that his own property is insured. 

From a legal perspective, I have a very strong case against him. But before taking any action, I sincerely want to know what is the Islamic ruling in such a matter: Am I Islamically permitted to hold the landlord accountable and seek compensation for my losses, given that I clearly fulfilled my obligations, repeatedly raised my concerns, and the landlord failed to meet his end of the agreement?

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?