Ruling on receiving salary of the leaves of absence

Ruling on receiving salary of the leaves of absence

Question 1: What do the blessed ‘Ulama [Islamic scholars] state regarding the following matter: I am an employee. If I do not go at work for ten days, is it Halal [lawful] for me to receive salary for these ten days or Haraam [prohibited]?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: If the employee was actually absent but he deceptively proves that he was present and gets his attendance marked for those days, it is not Halal to receive salary for those days. If he shows that he was absent, then the contract made between the company and the employee will be considered that what it states [in this case]. Companies use different methods to make contract with the employees and also, there are different cases of being absent from work. Some companies allow the employees to take some leaves of absence monthly, some companies allow the employees to take leaves of absence yearly and some companies have the policy of certain paid leave and then the rest are unpaid. In short, the contract made between the company and the employee is the real basis [to be considered] in such matters.

وَاللہُ اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہ اَعْلَم   صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم

In a business partnership, is it necessary for everyone to work?

Question 2: What do the blessed ‘Ulama state regarding the following matter: Two people started a business partnership by investing one hundred thousand rupees each. One of them says that he will take the profit at the end of the month but he will not work. Is this type of partnership permissible in which only one person works?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: When two or more people work by investing their money, it is called partnership. In partnership, it is not necessary that every business partner invests the same amount of money; it can be different as well. Moreover, it is not necessary in partnership that both or all the business partners carry out work. It is also allowed that one business partner carries out work whereas the other does not. However, it is necessary to fix the profit in percentage. For example, if both of them decide that each will take 50% of the profit, then the profit will be shared amongst them according to this fixed percentage. It is not possible in every type of business to calculate profit and share it at the end of the month. There is no harm if someone makes 100% accurate calculation and then shares the profit.

Regretfully, it is also a common practice in our society that a person gets involved in the business as a business partner but instead of making proper calculations or fixing the profit in percentage, profit is given to him at the end of every month by assuming a particular amount. It will not be called a profit from the business. Instead, it will be called a profit based on Riba [interest]. In the matter being discussed, the earnings will be called a profit from the business only when the people carry on their business according to the Shar’i laws of “partnership in business”. “Tijarat Course” is included in Dar-ul-Ifta Ahl-e-Sunnat application in which the important rules and laws of business partnership have also been mentioned. Do listen to the related speeches included in the application.

وَاللہُ اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہ اَعْلَم   صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم

Ruling on collecting wheat as rent

Question 3: What do the blessed ‘Ulama state regarding the following matter: If an agricultural land is rented out, can a certain amount of wheat be fixed instead of money as its rent? Moreover, what is the ruling if the price of wheat increases or decreases at the end of the year?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: A basic rule of trade is that whenever anything is sold or purchased, it is necessary for it to be clearly specified. For example, if pulses are purchased, it is necessary to clearly state that what will be the type, quality and quantity of the pulses, and who will be responsible to deliver it so that any disagreement or dispute does not arise afterwards. Likewise, it is also necessary that the price, which is called ‘ثَمَن’ i.e. Saman’ in the Fiqh terminology is specified and clearly stated. It is not necessary for the price to be in the form of money. Price can also be in the form of wheat, barley, rice, etc. As wheat can be the form of price in trade instead of money, similarly, wheat can also be fixed as rent instead of money for the rented out property. It has no significance whether the price of wheat increases or decreases at the end of the year; that quantity of wheat will be given which was mutually agreed upon. The wheat should be specified with complete details such as its type, whether it will be old or new, with or without gunnysacks, delivered or have to be collected; wheat should be fixed as rent after specifying all these details.

وَاللہُ اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہ اَعْلَم   صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم

Shar’i ruling on warranty

Question 4: What do the blessed ‘Ulama state regarding the following matter: Nowadays the shopkeeper gives one-year or two-year warranty to the customer while selling some products; what is its Shar’i ruling? Moreover, if warranty is given against certain defects but any other defect develops and the customer takes that product to the shopkeeper to return it, will the shopkeeper have to accept it in this case as well?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ  ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ

Answer: Warranty is an agreement which came into existence in the modern era. In the past era, neither did the machines exist nor the warranty. Machines came into existence in the modern era and so did the warranty. Warranty is a type of favour which has become a part of the contract nowadays. The blessed Fuqaha رَحِمَهُمُ الـلّٰـهُ تَـعَالٰی have taken warranty into consideration since a long time and declared this condition to be permissible as in Bahar-e-Shari’at, a book written approximately 70 years ago, it is stated regarding warranty: Such condition is also permissible which is a general practice of the Muslims such as nowadays, one-year or two-year warranty is given for the watches stating that if it develops a defect in this [certain] time period, the seller will be responsible to repair it. (Bahar-e-Shari’at, vol. 2, pp. 701)

Only those conditions which are mentioned in the warranty and those defects against which warranty is given, will be considered and the product will be returned according to those conditions only. If any cause [of defect] other than those valid for the warranty is found, the product cannot be returned. For example, a company sells a mobile phone and states that neither it is waterproof nor its warranty is given. If the buyer drops that mobile phone in the water and then takes it to the company, the company will give him explanation such as: The warranty covered mobile phone’s electronic parts that they will not malfunction. Likewise, its screen was covered under warranty that it will not fail. Warranty did not state that the mobile phone is waterproof, therefore, it will not be returned and you do not have the right to claim it under warranty.

وَاللہُ اَعْلَمُ   عَزَّوَجَلَّ   وَ رَسُوْلُہ اَعْلَم   صَلَّی اللّٰہُ تَعَالٰی عَلَیْہِ واٰلِہٖ وَسَلَّم

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