Liability

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?

Q: I am in the property development business. I acquire properties and then use building contractors to put up residential or commercial developments. The problem is that the contractors often delay the project and do not complete it by the due date. To prevent this, can we fine them for each day that they delay?

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.

Q: I went to a vet recently with a pet who needed treatment. Our pet fell from a 5 ft tall table during treatment and suffered internal bleeding and passed away the next day. The manager said that they will not charge us for hospital treatment as it was their fault. I understand this was an accident but I am hurt that the pet hospital did not do cpr and did not try harder. They did try though for free but they did not do cpr as they said we cant do this for free and I dont think they did the operation because we did not pay. The blood count of the pet was 10 percent and the pet had a seizure and stopped breathing but they refuse to do cpr for free. I am so upset we all are . 

1. Is it haraam to sue the vets for the accidental death of our pet even though this vet is a good person and helped our pet for many years? We had a good friendship with this vet until this accident. All my friends are angry and saying to sue him for letting the pet drop from the table. I feel guilty to sue and I dont want to because this man has been good in the past but I cant stop being upset as it was his fault for not telling me to hold the pet.

2. Did Allah take this pet from us or was it an accident that Allah did not plan? If Allah knew then did Allah punish me or did Allah free this pet from pain of disability and emotional pain from not being healthy?

Q: There was an armed robbery at my house. The robbers demanded money. My mother keeps my brothers, father's and my money all together. She gave them everything that was there. She now wants to know if she owes this money to us since she gave it to them

Q: I own a carwash where I employ staff to wash the cars of customers who come to get their cars cleaned.

I erected a sign informing the customers that neither my staff nor I will be held liable for any damage caused to their vehicles on my premises, and entry is at their own risk. Is this permissible?

After making this declaration, if one of my staff accidentally damages a customer's car, who is responsible?

Q: What is the procedure in the following case:

I was at a parking lot. Just as I opened my car door, a strong wind blew it onto the car next to me and scratched the car abit and cracked the indicator light. I was scared and wasn't sure what to do. I considered leaving a note along with some money on the windscreen but I was afraid and drove away. Now it's really playing on my conscience. Please advise.

Q: My mom married someone who my mom brought to uk. When time came for his visa to be renewed my mom had two choice one to give him permanent or just extend. My mom wanted to give him just extended because she did not like his behaviour as it changed as he was already married as well. According to my mother he threatened her and said if you don't give me permanent visa I will tell everyone you married me as it was kept a secret. Also he said when you go back you watch what happens something along the lines. Due to the threats and pressure she applied for permanent visa but was very unsatisfied so she asked me to help her to collect his letter and destroy it. Which I did and due to destroying the letter he was deported as he had overstayed. Am I sinful as I just helped my mother. Now my mother does not speak to him for obvious reasons, there is no contact so if I had said something in anger to him am I sinful?

Q: I used a disposable product of someone without their permission, knowing they wouldn't mind. But now I have no contact with that person am I sinful?

Q: When I was around 13 to 14, I attempted to modify someone's console but it became faulty. They said don't worry about it we'll get it replaced. Am I sinful, although physically I was in puberty but not mentally.