Business and Dealings

I would like to include the following conditions in my employment contract for my staff

Q: I, as an employer would like to include the following conditions in my employment contract for my staff:

  1. All staff are to be committed to work for one full year. The employment contract is a compulsory one year contract from the beginning of the year till the end of the year, 12 months.
  2. With regards to termination of employment for the following year, the employee is obliged to give three months written notice before the end of the current year.
  3. Should the need arise for any staff to be dismissed during the current year of employment due to any irregularities, this can be put into immediate effect.

I would appreciate you to expound on them being acceptable in Shariah, with proofs of Quran and Hadith.

Collecting funds via credit card

Q: Al-Farooq Masjid utilizes today’s technology to collect funds via credit card.  The method we use to perform this transaction is creating a merchant account which has no cost at all to the Masjid.  Once this account is established, we are able to swipe credit cards using a mobile device (iPad).  Once the donor swipes their credit card for a set amount, that entire amount is deposited into the Masjid bank account.  A few days later, the merchant will automatically withdraw a fee based on a percentage rate (3 to 5%) of each transaction as a service fee.

We would like to know if it is permitted to continue using this method as a form of collections, and if we do continue, do we need to make the donor aware of the 3 to 5% service fee incurred after we complete the transaction?

Development of private cemeteries

Q: We wish to get involved in the development of private cemeteries. We will not be involved directly in burials but only in purchasing and developing it to the required standards for Council to allow burials on it. Most of the burials done here will be for non-muslims. The norm now in South Africa is for individual burial plots to be leased to the family of the deceased for approximately 10 years or so and thereafter the plots are recycled. We wish to humbly enquire whether it is permissible for us to lease the plots and then after 10 years or so, lease it again to a different family. It must be known that the Municipality has stressed that due to the large shortage of burial sites, all burial plots must be recycled after 7 to 10 years. Each individual plot will be surveyed and marked out and will be leased to burial homes in order for them to facilitate burials. Which of the following would be permissible for us to do: 

  1. Re-lease the plots after every 10 years
  2. Lease it for 10 years and thereafter sell the cemetery outright
  3. Sell the plots in perpetuity to the families of the deceased or the burial homes

Is the following business process permissible in terms of Shariah Law?

Q: I would like to obtain an opinion as to whether the business process described below is permissible in terms of Shariah Law:

We regularly purchase stock from a supplier and pay cash upfront for all our stock purchases. The supplier gives us an early settlement discount for paying for stock purchases in cash. We then pass on the bulk of the early settlement discount to our distributors for them to make a profit when they on sell the stock to their customers. Up until this stage, the business process is no different to established trade practices which are permissible in terms of Shariah Law. To confirm, the business process up until this stage consists of two transactions.

Transaction 1 - We pay a discounted purchase price for stock.

Transaction 2 – We on sell stock to our network of wholesalers and pass the bulk of our discount from the supplier on to the wholesaler.

The next stage of the business process entails an entirely separate and 3rd transaction.

Transaction 3 - The supplier, after having passed the early settlement discount to us, deposits the  stock payment  received from us into an interest earning bank account. The supplier uses the interest earnings to recover the early settlement discount given to us for a cash purchase.

We would like to emphasise that the supplier deposits the stock payment received from us into an interest earning bank account after we have received the early settlement discount and after we have received stock we have purchased. The sale of stock by the supplier to us is therefore complete by the time the supplier deposits our money into an interest bearing account. Our question is whether the third transaction in any way affects the validity of transactions 1 and 2 in terms of Shariah Law?