|
Q: We are working in a Government-based research centre. We
have to submit a proposal to buy few items. The price of these items varies
all the time, and therefore we can only give estimated amounts. At the end
of the year, there might be some money left. The Government does not want
to know about the excess in the fund. You have to finish whatever you get.
This flexibility may lead to abusing Government funds and embezzlement.
Your advice please.
A: Rasulullah e said, ‘He has no Imaan who does not have
trustworthiness.’ (Sahih ibn Hibbaan Hadith194; Beirut) Honesty and
trustworthiness are the cornerstones and spirit of Islam. As Muslims, we
should always be conscious of being honest and trustworthy.
If there is any excess money, you may use it only if there
is Government work to be done. If there is no Government work to be done,
inform your management of the excess and return the money. You don’t have
to simply finish the money if there is no Government work to be done. The
Government is the guardian of the resources of its citizen. They should not
allow abuse.
Q: Is it permissible to use Zakat money to buy land and
build an orphanage?
A: The fundamental requirement in Zakaat is Tamleek. (Haashiya
al-Tahtawi pg.714; Beirut) This means to give it in the ownership of the
recipients of Zakaat, being the poor and needy Muslims. It is not correct
to use Zakaat funds to buy land and build an orphanage as Tamleek does not
take place. The Zakaat will not be discharged.
Only Lillah funds may be used to buy land and put up an
orphanage.
Q: What should one do with articles/items attained in a
Haraam way such as stolen clothes?
A: If one attained any item by stealing it, the stolen item
must be returned to the owner. If the owner passed away, then the stolen
item must be given to his/her heirs. If the owner is not known, then the
stolen item should be disposed off by giving it in Sadaqah to the poor and
needy. (al-Shaamiy vol.6 pg.182; HM Saeed) It is also necessary to make
Tawbah and seek repentance for stealing the item.
Q: I have a wife, mother and 2 minor sons. My assets are in
a family trust. During my lifetime, the income is distributed to me, my
wife and children. Upon my death, the income will be distributed in
accordance with the Islamic laws of Succession and Inheritance. I am
concerned that upon my death, my wife will not be able to maintain her
lifestyle. The trust owns a property that gives her an income.
Can the trust be amended so that after my death the income
from a particular property of the Trust goes to my widow? If this is not
permissible, then should I sell that property to my wife, pay the capital
gains tax and my wife will owe the trust? I could then bequeath an amount
to my wife in order for her to pay the trust the amount owed in lieu of the
property.
A: In order for us to advise you regarding your family
trust, it is important for us to know the details of the Trust to determine
whether the trust is Waqf or not.
The fundamental difference between a Waqf and a Trust is
that in the former, the donor has relinquished his ownership in final
favour of an unending charitable avenue, for example, the poor and needy or
Islamic institutions. (al-Tasheeh wal Tarjeeh pg.290; Beirut) The donor in
a Waqf may remain the administrator and also receive donations for himself.
In a trust, the donor does not necessarily relinquish ownership. The
difference between the two will become apparent in the laws of inheritance.
Waqf is not subject to the laws of inheritance while a trust is subject to
the laws of inheritance. (al-Durr al-Mukhtaar vol.4 pg.339; HM Saeed)
If the family trust is not Waqf, then it is not permissible
to amend the Trust in favour of extra income for the widow. You may sell
the property to your wife in your lifetime and she could be indebted to the
Trust.
Nabi r mentioned, ‘It is not permissible to make a bequest
in favour of an heir’. (I’laa-us-sunan Hadith5183) Hence, you cannot make a
bequest in favour of your wife.
As an alternative, since you are prepared to bequeath an
amount to your wife, you may sell the house to her for a minimal amount
that is affordable to her during her lifetime. You then do not have to
bequeath an amount to your wife to pay her debt to the trust.
Q: Is it permissible to apply Masala (Camphor) on the
different limbs of the deceased? If yes, then on which limbs should it be
applied?
A: It is permissible to apply Masala on the different limbs
of the deceased. The Masala should be applied on the forehead, nose, hands,
knees and feet (parts that touched the ground when in Sajdah in honour of
these parts. (Shaami vol.2 pg.197 – HM Saeed)
Q: Is it permissible for a bookkeeper to do the books of a
non-Muslim client who deals in selling pork? Is there any difference in him
doing the books of a Muslim client who deals in interest?
A: It is permissible for a bookkeeper to do the books of a
non-Muslim client who deals in selling pork. It is also permissible to do
the books of a Muslim client who deals in interest. (Fathul Baari vol.4
pg.362; Cairo)
Q: What is the Shar’ee ruling on laybyes? At times, a
customer does not pay the balance owing and the item remains by the seller.
What rights does the seller have?
A: According to the Shari’ah, a laybye item is a trust by
the seller. The seller may state in the laybye agreement that if the item
is not paid for on a specific time, the seller would withdraw the item from
laybye. The seller may then do as he wishes with the item. However,
whatever payment the seller may have received should be kept in trust for
the customer. It will have to be returned to him/her. (al-Hindiyyah vol.4
pg.372; Beirut)
Q: Is a limited company liable for its debts?
A: According to the Shari’ah, when a person or a company is
in debt, there are only three ways to absolve oneself.
The person or company either pays the debt, or someone pays
the debt on his or the company’s behalf, or the creditor absolves the
debtor from the debt.
Besides these, the debtor cannot be absolved of his debt
and will therefore be answerable both in this world and in the hereafter.
If the debtor has money and does not pay the debt or has no intention to
pay the debt, he will be sinful.
This ruling also applies to loans taken by a limited
company. The concept of a company being a legal person to absolve directors
and shareholders of debts is not Islamically correct. The company in itself
does not have life. Profit and loss of the company is the responsibility of
the directors. In court, the directors are summoned, not the company. The
directors are praised when the company progresses. They in turn benefit
from its profits and losses. An important rule outlined in Hadith and Fiqh
is ‘whatever has no risk, taking benefit from it is not permissible’. (Sunan
al-Nisaaie Hadith4490)
Q: Mr X has saved R100000.00 for his retirement and possess
no other Zakaah Nisaab. He buys a property which he lets out (not his
residence) and receives monthly rental of R1000.00. He uses this income
from this investment for his monthly expenses. What are the zakaah
implications?
A: According to the Shari’ah, there is no Zakaat payable on
the fixed property. Also, there is no direct Zakaat payable on the rent
received. However, at the end of the Zakaat year (which is based on the
lunar calendar), the cash left over from the rental will be added to other
cash on hand. If this equals or exceeds the Nisaab of Zakaat, Zakaat is due
on this. There is no Zakat on the monies spent during the year. (Hidaaya
vol.1 pg.187 - Ilmiyah)
Q: We have 100 students in our school. We selected the
books for setting the syllabus of our school and advised all the students
to buy their books from one specific book shop. The bookshop will give us
10% commission of their sales to the students. We also paid Rs500 advance
payment for the purchase of the books. As per the agreed rate of commission
(10%) we will get Rs. 1,000. We made advance payment of Rs. 500. Is this
commission with a percentage permissible?
A: The bookshop is the seller. The students are the
purchasers. The school receives commission for encouraging the students to
purchase from the designated bookshop. The school will get 10% commission
for whatever sales the bookshop makes to the students. This is in order. (Raddul
Mukhtaar vol.6 pg.36 - Beirut) However, the school does not have to pay the
Rs500 advance payment. They are not the purchasers. The students are
purchasers.
As an alternative, get a teacher to be a
representative of the students and he pays the Rs500. The school may repay
the teacher the Rs500 loan.
[ Back ] [ Next ] | 
