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Hiring and Renting

Permissible and impermissible tenants on one's property

Q: Is it permissible to leases one's premises to the following entities:

(1) A Muslim that sells electronics, including DVD movies and music CDs.

(2) A Muslim, male insurance broker.

(3) A Muslim, female accountant.

(4) A Muslim, female attorney.

(5) A non-Muslim, female General Practitioner (that will attend to both males and females.)

(6) A non-Muslim, female gynecologist.

(7) The offices of a non-Muslim government (including places like the Department of Home Affairs, Department of Labour, etc.)

(8) A Christian funeral parlor that, in addition to coffins, sells funeral plans.

(9) Two gays.

Renting out a wedding hall to non-Muslims

Q: Is it permissible to hire out a wedding hall to non-Muslims?

Business dispute

Q: First Part: Flat In year 2013 ago Mr. Ahmed Khan booked a flat in Regent Plaza by paying the amount of 23 lac rupees to two estate agents (Mr. Aslam & Mr Waqar). Both of them ran away by handing the possession of the property to their third partner (Mr. Kamran). Mr. Ahmed Khan went to court and as a result of compromise with third partner (Mr. Kamran), Mr.Kamran paid 22 lac rupees of the flat to Mr. Ahmed Khan in 2016 when that flat was worth almost 50 lac rupees. Second Part: Shop After the compromise, as Mr. Ahmed Khan had suffered loss of 28 lac rupees and mental torture, He therefore prepared fake documents of a shop in the same building ( Regent Plaza) so that he can recover amount from all three estate agents who are business partners. [Two of them, Mr. Aslam and Mr. Waqar are still run away but are in contact with Mr. Kamran.] Mr. Ahmed Khan sold those documents to Mr. Wali khan who is influential person, who guaranteed that he will try to get recover amount from Mr. Aslam , Mr. Waqar and Mr. Kamran. Mr. Ahmed Khan was asked to give cash amount of 2 lac rupees by Mr. Wali khan so that he can use contacts and intelligence agencies for the work. Mr. Ahmed khan paid 2 lac cash to Mr. Wali Khan and Mr. Wali Khan issued the cheque of 20 lac rupees to Mr. Ahmed that work is guaranteed and he will take possession form 3 estate agents. Mr. Wali now, cannot accomplish task. Is it Halal for Mr. Ahmed Khan to take that amount of 20 lac from Mr. Wali Khan?

Signing a letter without reading it

Q: I moved to another house and my previous landlord kept my deposit and they made me sign a letter that I did not read. That letter was mandatory to sign to vacate the house. After moving to another house, they sent me a letter and said I pay some amount of money for cleaning the previous house. I want to ask if I will not pay that amount and I signed the paper (which was mentioned to you above) so it is dishonesty or a sin?

Employees starting their own company

Q: My friends and I are planning to register a company which focuses on construction solutions. Presently, we are working in a company as employees and all of us are working in different sectors. Our employer has several businesses, and healthcare is one of them. For each machine installation, they hire a third party for construction and finishing works. My question is that we are the employees of the same company and now we want to open our own company to be the third party for their construction work. Can we take orders for construction jobs from our company without showing them that we own the third company? Will this be permissible?

Hiring a non-Muslim artisan instead of a Muslim

Q: There are two artisans I can deal with, one non-Muslim and another Muslim, the non-Muslim goes out of his way to give us excellent service, with good prices etc. the Muslim unfortunately does not offer excellent service we have chosen the non-Muslim but the thought crosses our mind that is it the correct thing to do. I mean ignoring Muslims and giving business to non-Muslims rather. I also give Dawat to him sometimes on the phone or maybe with paying on time etc. What is the respected Mufti Sahebs advice in this regard?

Renting out one's premises to a liquor store

Q: Is it permissible to allow a liquor store or other haraam shops to use your property and you collect rent from them?

Rental based on percentage of turnover

Q: Is it permissible for the lessor to charge the lessee a rental based on his turnover in the case where they fix a ceiling for the maximum rental and they are both pleased with this type of agreement? Some people say that it is permissible, even though the rental is not fixed. They compare this to the case where one hires a rep to sell one’s merchandise and pays him a commission based on the sales he does. Just as his wage is not fixed, but is determined through his total sales, similarly determining the rental of a leased property through the turnover should be permissible. Is this view correct?

Fixing a ceiling in turnover clause rental agreement

Q: I read the fatwa regarding rental based on percentage of turnover being impermissible. I would like to query further that in the case where the landlord fixes a maximum amount for the rental, so that in the event of the turnover being a very large amount, the rental will not surpass the ceiling that has been fixed for the rental, will the ruling change in anyway? Most commercial properties work in this way and many tenants request this type of an agreement and are pleased with it.

Installing an ATM machine on one’s premises

Q: Your answer on installing an ATM refers : "since it is possible for one to withdraw interest bearing loans through this medium, it will not be permissible to install an ATM on one’s premises as one will be aiding in the sin of riba (interest)."

Question: 1) Will it not fall in the category of having a dual purpose as it is possible to withdraw halaal savings also. The property owner cannot be responsible for someone that uses the ATM for a wrong purpose similar to the sale of grapes?

2) If the illat is "the possibility of withdrawing interest bearing loans" then till point credit card machines should also be impermissible as a person whose account is already in overdraft is in fact paying by using "interest bearing loans " irrespective of using the budget or straight option of payment.

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