Buying and Selling

Car on Fixed Lease Agreement

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Q: Mercedes Benz has the agility finance option which means that you lease a car from them for a certain amount of time. Terms and conditions apply. Offer calculated on a C180. At a rate of 8.68% linked over 36 months, deposit of 10.5%, Total Retail Price of R483 929 at a Guaranteed Future Value (GFV) of 64% based on 20 000 km pa, Total Repayment Price of R509 695. Monthly Service Fee of R57.00 (not included in the Monthly Instalment). Upfront Initiation Fee of R1 140.00 (including VAT). Offer valid until 30 September 2015 subject to availability at participating dealers only. Please can you find out more about this agility finance for I want to purchase one of these cars? I would like to know if it permissible.

A:
The main thing in such a finance option is whether the monthly instalment is fixed for the entire duration of the repayments. If it IS fixed, then the lease agreement will be permissible and valid. Otherwise, not.

Allah Ta’ala knows best

Mufti Siraj Desai

House and Lifetime Usufruct

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Q: A father owns a property, he transfers the bare dominium of the property to his three children in terms of a sale agreement but registers a lifetime usufruct (right to live and enjoy property) in his favour over the property which will lapse on his death and the full rights to the property will then vest in the children. There is no transfer of funds in respect of the purchase price. Is the above transaction sharia compliant and will the law of inheritance be applicable?

A:
The sale agreement between father and sons in the manner described was not valid in terms of Shariah. There was neither a sale nor a gift. Hence, the law of inheritance will apply to the house. In other words, upon the demise of the father, the house will form part of his estate to be distributed among all his Islamic heirs. As for the usufruct, that was not valid according to Shariah.

Allah Ta’ala knows best

Mufti Siraj Desai

Trading in Birds

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Q: Does Islam allow trading of birds or keeping them in cage? Is the income of those people who are trading in birds halal?

A:
Trading of birds and keeping them in cages is permissible on condition that they are treated properly.

Allah Ta'aala knows best.

Moulana Yusuf Laher

Selling Wigs

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Q: What is the ruling regarding selling of wigs?

A:
Synthetic wigs (artificial) can be sold. It is not permissible to sell wigs made of human hair.

Moulana Yusuf Laher

Selling Drugs

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Q: Is it permissible to sell drugs? Is the income from it halaal?

A:
The common factor between alcohol and drugs is intoxication. Consuming, selling, dealing, transporting alcohol is Haraam and forbidden. the same will apply to drugs. The income from both is Haraam.

Allah Ta'aala knows best.

Moulana Yusuf Laher

Reselling at a Profit on Credit

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Q: I have seen a vehicle which I want to buy but I don't have the money. Can my brother buy it, add a profit on it and sell it to me over a period of time? We have established the profit and set a time period.

A:
Yes, this is permissible. The deal is now between you and your brother and not between you and the original seller.

Moulana Yusuf Laher

Selling Fake Brand Clothing

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Q: Is it permissible to sell fake branded clothing and the customer is fully aware that the product is fake and only a small profit is made?

A: If the customer is aware then it will be permissible.

Moulana Yusuf Laher

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