Business and Dealings

Employee not fulfilling conditions of a contract

Q: A certain person who works at a school decided to leave with a two week notice. The contract states that a three month’s notice period must be given, which is not correct according to the labour law. The labour law states that one month’s notice must be given. However, the board has decided that if the notice period is not served, the employee must pay them three months salary. The current month will not be paid and the employee must pay them for the other two months. Is this condition correct in the light of Shari’ah?

Gifting the house to the wife

Q: A man passed away leaving behind a wife and six children. In his lifetime, he contributed monthly towards a retirement fund, and whilst alive, he had written and signed that he had made his wife 100 % benefactor of this fund. In addition, he had a house in which his wife and children live. In his lifetime, he mentioned to his wife that 'this house is for you'. Does this fund and house form part of the inheritance to be distributed?

Taking back gifts after a divorce

Q: My husband has issued me with 2 talaaqs. I am currently at my parents house in iddat, as we have not reconciled. My husband is demanding that I return all the gold to him (some were given as mahr and this is documented on the marriage certificate, some was gifted to me by my husband during the duration of our marriage and some he has gifted to my daughter). I have paid zakaah on this gold over the years. Who is the rightful owner of the gold?