MAJLIS VOL 25 NO 10.Pub

Roses have thorns! The Haqq too SUBSCRIPTION RATES (2021) has thorns! TWELVE ISSUES “We strike South Africa ................…...................... R30 Neighbouring States ….......................... $15 baatil with the All Other Countries .............................. $20 Haqq. Then it crushes the brains of baatil.” (Qur’aan) The Grave: Rasulullah (Sallallahu alayhi wasallam) said: “Verily, the Grave is the first stage of the stages of the Aakhirat.” Question: 7. Can the partner use , dis- pay me the R150'000 and pay entitlement is 25% of the We are two partners in a busi- burse, loan any amount from me 25% of all cash profits and R90,000, plus 25% of the ness. I am the investor and my the capital of R150'000 , and pay me value of 25% of the stock, plus your initial invest- partner runs the business. He or any part of the profits gen- stock if I prefer to have my ment of R150,000. has not made any monetary erated that has yet to be paid share of actual stock instead Once you withdraw your investment. I am the sole in- out as per our partnership, to of a cash equivalent? capital investment, the partner- vestor. His share of the profits venture into other business 11. Can the other partner ship ends. Each partner then is 75% and my share is 25%. I investments, or to loan to fam- make unilateral decisions on takes his respective share of the invested R150'000 with a part- ily, or to do anything else be- any aspect of the business , or profit. ner to buy 500kg of a product. sides what was initially agreed do I have a right to expect to 2) The above answers your se- I am the silent partner put- as the basis of investment, i.e. be consulted on any and all cond question. You are entitled ting in the money, while he is buy the product and resell at a business or product related to 25% of the cash as well as of putting in the marketing and profit and anything directly matters? the stock. sales, etc. I have a number of related to its marketing or 12. Can the other party decide 3) If when the partnership queries regarding this partner- sales or other related expenses the course from here on his agreement was made, a time ship. Please answer each for purposes of buying and or own – i.e. the other partner for the duration of the partner- question as they are all que- selling product? has any right to decide to ship was not stipulated, then ries that have a bearing. 8. If I wanted to remain in the maintain or dissolve the ar- you may unilaterally terminate The current position of the partnership, and not take my rangement or does it have to the partnership. However, in business is: Cash at bank cur- R150'000 out now, and re- be mutually agreed? view of there still being stock rently after selling 400kg and main a part of the venture and remaining, the partnership will paying expenses related to retain my 25% ownership and ANSWER subsist until the stock has been marketing etc. is about profit share by not withdraw- The partnership you have en- cleared if the other partner in- R240'000. Of the stock, ap- ing it, but by simply taking ad- tered into, in terms of the Sha- sists on this. proximately 100kg remain. ministrative and financial riah is called Mudhaarabah. Nevertheless, the partnership control, is that in order? 1. If I want to get out, do I get 1) You are entitled to your ini- can be mutually terminated im- 9. Can the partner simply de- tial capital investment of mediately. A mutual agreement the R150'000 paid back and cide on what to pay me out cease to be involved? R150,000 plus 25% of the net could be made pertaining to the and disburse that amount and remaining stock. If the other 2. Am I entitled to 25% of the profit. According to the figures remove me after paying me provided by you, the present partner insists on the continua- remaining cash as well as 25% and or giving me stock? net profit is R90,000 cash plus tion of the partnership until the of the remaining stock? 10. Can the partner decide to the 100 kg stock. Thus, your remaining stock has been sold, 3. Can the other partner de- then he does have this right. In cide to pay me out, or must the that case, you may withdraw decision to terminate and dis- your capital investment, plus solve be mutually agreed up- The concept of class equality lofty status in the Aakhirat and your 25% of the cash. He can on? or a classless society is a stu- for Proximity to Allah Ta’ala. then continue selling the 100 4. If I want to remain, but pid myth. Allah Ta’ala says in The criterion for Closeness to kg stock and give you your since I paid in the initial cash, the Qur’aan Majeed: Allah Ta’ala is Taqwa. Allah’s 25% thereof upon having sold can I or do I have the right to “We distribute their liveli- Proximity is proportionate to it. insist and demand that all hood among them in this the degree of Taqwa. The The other partner can de- monies are controlled by my- worldly life, and We elevate Qur’aan Majeed states: cide to pay you out in order to self or my appointed account- the ranks of some over others “Verily, the noblest among dissolve the partnership. If he ant? so that some will take others as you by Allah are those whose decides on this route, he has to 5. Can the other partner re- workers.” Taqwa is the most.” pay you the R150,000, plus fuse such request? Since I put (Az-Zukhruf, Aayat 32) Closeness to Allah Ta’ala is 25% of the R90,000 cash prof- in the finance I simply want to not related to worldly status. it, plus 25% of the remaining now be able to control inflows Even the Ambiya Taqwa is the treasure and con- product. and outflows of all sales and (Alayhimus salaam) are not sequence of total obedience to 4) Yes, you have every right to expenses revenues ? equal in status as the Qur’aan Allah Ta’ala -- obedience to stipulate that the money be in- 6. Do I need a reason to re- Majeed confirms. However, the Shariah and the Sunnah of vested for a specific kind of quest the financial administra- higher worldly status is not a Rasulullah (Sallallahu alayhi trade, and not for anything tion be done by myself ? factor for the attainment of wasallam). (Continued on page 7) Vol. 25 no. 10 The Majlis Page 2 THE MAJLIS Q & A P.O. BOX 3393 PORT ELIZABETH SOUTH AFRICA 6056 Q. I am the sole investor in a or to participate in any kind of business. The active partner function. runs the business. He did not Q. Can the Kaffaarah of Q. There is a WhatsApp person. invest any money. The profit is Yameen be paid monetarily or group thing, which appears to Then you get moved to the shared 50-50. How does this is it necessary to feed ten poor be gambling. A number of 14th position, and they add partnership operate according Muslims? people contribute money. Lots another person to be person to the Shariah? A. The Kaffaarah of a Yameen are drawn. One person col- number 15. Then no. 15 pays A. This type of venture is (Qasam / Oath) may be paid lects the whole sum of the a R500. termed Mudhaarabah. In the monetarily. Each of the ten poor contributions. A lot of muslim The cycle carries on until Mudhaarabah partnership the persons may be given the females are now joining this you reach number 1 on the active partner (the manager) Sadqah Fitr amount. The ten group and recruiting more list, then you get paid all the will be entitled to his percentage amounts may not be given to people to join the group. A money paid from everyone share of the profit. If it is 50%, one person or two or less than muslim female told me she put else. You only put in R500 then he shares 50% of the profit. ten persons. However, if one in R500, and she walked away once. But you will walk away He does not become 50% owner wishes to give it to the same with R3000. Is this scheme with R7000. of the business. The capital in- person, then it may be given to permissible? A. The scheme is haraam gam- vestment remains the property him over ten days. Each day he They literally just add a bling. It is not permissible to of only the investor. may come and collect a Sadqah R500 into the group, they not join this gambling group. The The active partner may be Fitr amount. selling any goods or services. prize won is haraam and given a bigger share of the prof- Q. Is it permissible for some- For example, you added to should be given into charity to its. If his share of the profit is one who did not give the group of 15 people. the poor. Shaitaan has inspired 75%, then in the event of loss, Athaan to recite the Iqaamah? You are the 15th person, these evil people with this he will have to sustain 75% of A. The person who gave the you add a R500.

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