Business and Dealings

Partnership problem

Q: Briefly, my dad and my uncle entered into a partnership, the business was for 60000, they only had to pay 12000 initially so they took out 6000 each and the balance 48000 because the shop had stock they would pay off by selling the goods in the shop, over some time my uncle took out his share of 6000 from the shop my father did not say anything, initially it was agreed one member of his family would stay with him on the shop, this went on for only a little while, less than a year and then none started turning up, my father was looking after the shop on his own, over period of 10 years the shop was not doing well, when I started helping my dad the wholesale business which it was initially was bad, I agreed with my father that we change the business and also terminate the so called partnership, I was new blood, we worked out capital in the business with the intention of paying off my uncle, this was in 2004 when my dad talked to him my uncle said don't worry well sort out, I more or less started from zero, bought hardware goods from another relative on credit and started changing the business into hardware, gradually alhamdulillah I started doing well, numerous times I called my uncle, so did my dad and my mum that we sort this matter out, my uncle always said, have I ever asked you for anything, do you think I will do injustice with u, don't worry well sort out, and always shrugged it off and I never forced him out of respect and his promise and also because over time he had become very very rich in his own businesses, over a period of 15 years neither my uncle nor his sons ever even entered the shop or asked anything or asked for dues etc. Even when I made a big loss which everyone in town got to know including them, they didn't even ask how and why, someone ran away with my money, even when I built buildings, bought cars, changed the name of the shop, not a single question alhamdulillah by the grace of Allah I started doing well, I and my younger brother and our wives worked day and night and Allah gave barakah and now all of a sudden my uncle has passed away and after all these years the sons are asking for a share, now the business is worth millions, my dad had retired more or less as soon as I changed the business from wholesale to hardware, everything that had gone well was with my brothers and my family effort and sweat, and by the will of Allah, not a single penny of input from my uncle or his sons, my mum phoned my uncle numerous times that we terminate the partnership, this was before I had started doing well and my uncle reply was the same, that why you worried, I won't take away anything from you etc, immediately after he suddenly passed away, the sons have come running for a share but didn't care about anything from 1978 to 2015, what do I do now, if they force me to give them half of everything I have which I did from my own effort and capital and Allah's will I will take my uncle to task on day of qiyamah because he did not tell his sons what he had told me, my mum and my dad. Please advise what I should do now?

Asking one's company to purchase a car on interest

Q: I am working in a private software company from the last 10 years and over the few years, my bonuses and some part of salary amounts are not received (approximately 6 lacs INR) from my Employer due to financial issues of the company. I trust my Employer and there are no issues there. However, it is difficult for my employer to pay me that much amount to me and as the current trend of company, if ever they have to pay, it will take at least 2-3 years for me to receive my money and that too in several installments, which will not be much use to me. So here is what I am planning. I wanted to ask my employer to buy a car for me (its current worth is 5.2 lacs). The employer can take it in form of EMI and can buy me the car, so that he can take care of paying monthly installments. But here, with EMI, the car amount will become 6 lacs (because of EMI, interests, etc).

1. Now if I take the car and consider that as payment for my 6 lacs amount, it looks like I have taken the interest, because my money went in buying the car as well as paying the interest amount. Is my understanding correct? Is there a way for me to execute the plan without me taking the interest?

2. Can I ask my employer to pay me remaining 80k (6 lacs - 5.2 lacs) separately. So even though the car costs 6 lacs (due to emi), the company takes care of the additional 80k. My money 5.2 lacs only goes towards the actual cost of the car and not towards interest. Is this correct way of asking company to take care of additional burden?

3. Is there any other alternative way?

Paying a percentage of the bill as wages for the waiter

Q: Certain Muslim restaurants have made it a rule that a 10% hospitality fee (tips for waiters) must be paid over and above the bill. In some cases, it is clearly indicated on menus and notices, and in others, it is not advertised. Is it Islamically correct for restaurants to charge this fee? We, the customer, have no choice in paying this additional tip if we decide to eat there.

Interest bearing investments

Q: On one of your responses on this site, you have mentioned that if a person has come into possession of interest he should distribute it to poor and needy people. If a business is forced (the business has to comply as it is a requirement of the non-muslim government and will not be allowed to operate should it refuse to do so - the interest is earned by keeping cash as securities in a fixed account) to conclude an investment that will generate a substantial interest return, such that the entity decides to employ a full time dedicated employee in order to ensure that the interest money is disbursed properly to various poor and needy organisations, is it permissible to remunerate the said employee from the interest funds bearing in mind that the employee is a Muslim and not zakaatable? Does the money become halaal for that person?