AL-MAHMOOD

Q: Is it permissible in Islam to use a Dropship service to sell items on the Internet? Hereunder is the procedure: I sell a product on the Internet that I do not possess and receive payment for that product, including postage costs. Then I purchase that same product at wholesale price from a Dropship supplier and have the product sent directly to my customer. The product never passes through my hands and the customer is not aware that the product came from a third party.
A: Nabi [sallallaahu alayhi wasallam] has mentioned, ‘Don’t sell what is not in your possession.’ (Tirmidhi Hadith1234) In the light of this, the drop-shipping service is not permissible as the middle man is entering into a legally binding transaction before taking possession of the sold product.

The only way it can be permissible is that the middleman clearly states that the money being paid is merely a deposit and the actual sale will only take place when the customer receives the goods. The deposit will be an Amaanat (trust). If the customer did not receive the product due to damage, etc. the middleman will have to return the money to the customer.

Q: Is it permissible to use a coil as a contraceptive?
A: In the event of a female using the coil or loop as a contraceptive, two possibilities exist:

1. It may prevent fertilization by destroying the sperm and the ovum prior to their interaction.

2. If fertilisation takes place, the fertilised ovum is expelled from the uterus by the coil. This expulsion takes place within one or two weeks after fertilisation.

In the first case where the coil acts as a preventative measure against fertilisation, it is similar to any other contraceptive which will be permissible only in certain conditions. In the second case, the coil is a means of expelling the fertilised ovum from the uterus after conception. Therefore, it acts as a device to effect an abortion, thus rendering it impermissible.

Since both possibilities exist, it will not be permissible to use the coil as a means of contraception especially when there are other permissible means of contraception. (Contemporary Fataawa pg.136; Idarat)

Q: I want to start an employment agency company which will work as a bridge between potential job seekers and employers. The company will share a percentage of the job seeker’s salary. Is this Shari’ah compliant?
A: In principle, the concept of being an agent between employers and employees is permissible. However, it is important that the correct Shar’ee procedure of agency be applied. The underlying principle in agency is that every aspect of the contract must be explicit and free from all ambiguities. Furthermore, the agency fees that you will charge must be stipulated. Any ambiguity in this regard will render the contract invalid.

You may also consider recruiting potential employees who will be contracted to you. Thereafter you sub hire them to other companies that require their skills and services. That company will in turn enter into a contract with you and not your employee directly. The company will pay you for the work and you in turn will pay the employee according to your agreement with him.

Q: When should a Masbooq (late-comer) make up for his missed Salaats with the Imaam - after the first Salaam or after the second Salaam?
A: The Masbooq should commence completing his missed Rakaats after the second Salaam of the Imaam. It will be Makrooh Tahrimi to stand up after the first Salaam and before the second Salaam. (Haashia Tahtawi pg.276)

Q: I am working for a school and I head the Information Technology Department. I do buying for my department. One of the suppliers offered me a commission incentive if I give him a sale from my department. Is this permissible?
A: As an employee of a firm, you are bound to act in the best interests of your company. In this case, one of your duties is to purchase items from a supplier who offers you the best quality and best price. The incentive offered to you by the supplier will only be permissible if these two conditions are fulfilled and with the consent of your employer.

It will not be permissible for you to accept the commission if you compromise on either price or quality and purchase the items from the supplier that is offering the incentive merely to receive commission, as this will result in you deceiving your employer and accepting a bribe which is a heinous crime in the Shari’ah.

Q: Is it permissible to attend a mixed gymnasium?
A: Our bodies are an Amaanat (trust). It is our duty to look after this trust and maintain it in the best possible manner. Exercise is one of the ways of keeping fit and remaining healthy. However, it is important that this exercise be done within the parameters and limits of Shariah. Allah Taa’la has instructed men and women to protect their gazes from strange men/women (Surah al-Noor Verse 30-31). Intermingling in a gym is common and it is almost impossible to protect one’s gaze from non-Mahrams (people with whom marriage is permissible and Purdah is compulsory). Rasulullah (Sallalaahu Alayhi Wasallam) is reported to have said “Allah curses the person who looks at a non-Mahram.” (Bayhaqi, Hadith10869) Furthermore, the special Lycra gym clothing or body suit that is worn by women reveals the full shape and form of the body. When she runs on the treadmill, the inner curves, etc. of her body are fully visible. It is also a common practice that music is played in the gym as a stimulator to increase the output levels for the “work out”. The change rooms of gyms have become stations for men and women to flaunt and flirt, thus leading to marital breakdowns, etc. In view of the abovementioned factors, it is not permissible to attend a mixed gym.

Q: The Community of Property marriage contract (COP) is un-Islamic. It is expensive to change it to the Antenuptial contract (ANC) which is Islamically acceptable. Is it necessary to change the contract or will it suffice to advise the heirs in the will to have the Estate distributed according to ANC?
A: It will be necessary to change the marriage contract during one’s lifetime and not to rely on the heirs. The heirs may or may not execute your wish. This is very likely especially in monetary and financial matters. It must be noted that if the husband institutes divorce proceedings, that will constitute Talaaq in Shari’ah. In order to circumvent the Talaaq in Shari’ah, one of the following two procedures may be considered:

1. An application be made to the High Court to change the marriage contract. This will cost approximately R12000 – R15000.

2. The wife will make an application for divorce which the husband will ignore. On the appointed day, the magistrate will consider the wife’s application and grant the divorce based on the husband’s default. A new legal marriage can then be registered as an ANC contract. This process will cost approximately R3000 – R4000.

Q: If a husband says to his wife, ‘I divorce you, I divorce you, I divorce you.’ Does that constitute one divorce or three divorces?
A: The three statements of divorce in one sitting will constitute three divorces and not one only (Bukhari vol.2 pg.201; Dal al-Fikr). A detailed thesis on the academic discussions on this topic is posted on our website.

There is also Ijmaa (consensus) on this ruling. In the presence of Ijmaa, all other opposing views are ignored. Any Aalim should know this.

Q: Has the ruling of TV being Haraam changed due to some perceived benefits in it?
A: The benefits of wine and gambling are expressly mentioned in the Qur’aan, but wine and gambling are prohibited as the harms are more than the benefits. Allah states, ‘... and the sins are greater than the benefits.’ (Surah al-Baqarah Aayat 219)

The harms of TV are overwhelming and attested to by even disbelievers. Pornography, music and morally corrupt movies are rampant. Viewers become so engrossed in the entertainment that even Fardh (obligatory) Salaats are missed. Valuable time is wasted in futility. The television has been largely responsible for the break-up of many marriages. This is only the tip of the ice-berg. In the light of this, the Ulama-e-Haqq can never permit something that is so detrimental to the Imaan.

Q: What is the distance a person undertakes to travel to become a Musaafir? Also, at which point does he commence and terminate his calculation?
A: When a person undertakes a journey of 78 km. or more, he becomes a Musaafir. The calculation commences from the end of one’s town to the boundary of the point of destination. Both the rulings are also the official rulings of the Jamee’atul Mufteen (Board of Muftis) held on May 27, 2006. The Darul Ifta hereby retracts from its previous ruling of 88 kms and abides by the ruling of Jamee’atul Mufteen, namely that of 78km.

Announcement !! Announcement !!

The Annual Shari’ah Compliant Business Campaign will be held on: Sunday, August 27 2006, at Madrasah In’aamiyyah, Camperdown.

A special interactive question and answer session on business related issues will also be conducted. Hereunder are some topics that will be covered:

Are dogs and CCTV permissible for security purposes?
Is it permissible to offset interest with personal money?
What is the difference between interest and profit in deferred payment?
Is a Suspensive Sale binding?
Business and Estate related issues.

Last modified: July, 2007