Business and Dealings

Who pays the transfer charges in terminating a partnership in properties?

Q: Six brothers are in partnership in a portfolio of various properties. One of the brothers would like to exit. He would exit by taking his equal share in the form of properties. This would incur capital tax gain payments to the tax authorities and transfer and stamp duty payments. From a Shar’ee point of view, who would be liable for capital tax payments and transfer and stamp duty costs? Would it be the buyer (the brother exiting) or the sellers (the remaining five brothers)?

Reselling an item at a higher price

Q: My husband is working in a private Afghan company that stores oil for America. Sometimes the Americans ask my husband for some goods like paint, furniture or other things. My husband asks the price from the shopkeeper and buys the goods then gives the goods with an increased price to the Americans.

For example, the furniture price is 300 dollars and my husband gives the price as 500 dollars, even the Americans know the real price but they accept the price that my husband gives.

I told my husband that this money is haram but he says that I am not their employee, I work for another company. They ask me to buy goods for them and I give them a quotation then they buy it. This is business. I don't directly tell them that I increased the price but they know. They accept it because they trust me and they need one person to do their work for them since they can't directly buy those things. I spend my time and effort for them in getting those things so the money is not haram. Kindly tell me whether the money my husband charges them is haram or halal. 

Charging the customer a penalty on late payment

Q: What can a company do to customers who default in their credit payments?

1. Can a company charge them a penalty for exceeding their credit term? If not, what are the Shar’ee alternatives?

2. Sometimes, customers who exceed credit terms request proofs of deliveries again, although an invoice was sent to them with the delivery. Can a company charge them for this, just as Fnb and any other bank charges for producing a statement over 3 months old?

Leasing a car from the bank

Q: I am a government employee. I got my car by signing a lease with the bank on a monthly installment for 7 years. The actuall price was 15 lacks but the bank gave it to me for 23 lacks which is too much. Now I am not comfortable with it. Is it interest as all the banks in pakistan are based on interest.