Business and Dealings

Taking loans on interest in India

Q: From my understanding, scholars in India at one point gave a fatwa that it is permissible to take loans on interest, mainy because they were living in darul harb?

From my understanding Imam Muhammad and Imam Abu Hanifah was a proponent of that position. This position is the dominant opinion in the Hanafi Madhab?

I am asking because this is a fatwa that is in the works in my local community. I have never taken loans in my life and I don't plan on it but I would like to understand the topic further.

Payment made in advance for goods that are not yet produced

Q: I have certain customers who pay via EFT and prefer to make monthly payments in advance. Since they are purchasing milk and eggs from me, often I have not yet received the milk and it has not even been produced yet.

1. What is the correct way for me to conduct the sale with these clients?

2. One of the customers mentioned that they don’t mind me using the money before they have purchased goods to the full value. Is it permissible for me to use it?

3. I have a customer that pays later. After purchasing the products, he sometimes has a complaint that it’s not as fresh as he is used to. If I wish to give him a discount, what would be the best way to do it?

Selling something that is non-existent at the time of the sale

Q: I sell eggs and I keep my stock at my parents’ shop. Once, a staff member from my parents’ shop had taken from my stock which is kept separately and sold it to the customer. It was brought to my attention a while later. As the products were more expensive, I had discounted them when sending the invoice although the goods had already been sold to the customer. Is this permissible?

Using violence to retrieve money from a debtor

Q: To what extent can a person go, in shariat, when it comes to a person getting his money out of a debtor.

1. Can he resort to violence by sending someone behind the debtor to give him a good thrashing?

2. If a person hired a debt collector, can he impose the fees on the debtor as he was the cause of these undue expenses?

3. If not, will the masalah change if the debtor had signed before taking goods on account, that in the event of default in payment, all expenses incurred to retrieve the debt will be borne by the debtor?

4. Can one send someone to forcefully take the debtors car away and sell it to retrieve his money?

5. If one comes to know that someone else is owing the debtor some money, can one take that money straight from that person without the debtor's qabdah or allowance? Will this be permissible for the person owing the debtor the money, i.e. will his debt be discharged?

Asking for a bribe

Q: If someone has many subordinates (workers under him) who daily comes to him for approval of their work. Can he ask them to provide him with something to eat if they want their work to be done before others?