Business related islamic questions

Q: Is it permissible to enter a competition, whereby the winner is chosen
from a box of mixed 'names' wrapped in paper? One condition is that the
enterant must purchase any of their products.


A:
Assalaamu `alaykum waRahmatullahi Wabarakatoh

In the name of Allah, Most Gracious, Most Merciful

If the product is sold at a fair market price, then any award given to a
particular purchaser is a voluntary gift for which one can draw a lot.
However, if the price is increased on the basis of an intended award by
drawing a lot, then this will be gambling and will not be permissible.
(Justice Mufti Taqi Usmani; Pakistan)

And Allah knows best

Question : Often customers forget their valuables on my premises. Many
months pass by without anyone claiming those valuables. What should be done
with them?

Answer:

Assalaamu `alaykum waRahmatullahi Wabarakatoh

In the name of Allah, Most Gracious, Most Merciful

Such items fall in the category of Luqta (lost items). If you are certain
that the owner will not return to claim his valuables, it can be given to
the poor and needy as charity on behalf of the owner. However, after giving
it in charity, if the owner returns to claim the item, you will be liable to
pay the owner. (Shaami vol.4 pg.279; Maktab Tijariyya)

And Allah knows best

Q: A person sold his business. Among the conditions of sale was that the
purchaser pay out all the creditors of the business. The creditors were not
consulted. Now that the new owner is insolvent and has not yet paid the
previous owner - who is responsible for those debts?

A:
Assalaamu `alaykum waRahmatullahi Wabarakatoh

In the name of Allah, Most Gracious, Most Merciful

According to Shari'ah, in order for the transfer (Hawala) of a debt to be
valid, besides the original owner of the business and purchaser, the
creditor(s) must also consent to the transfer of the debt. Since the
creditor(s) did not consent to the transfer of the debt, the previous owner
of the business is responsible for those debts. (Raddul Mukhtaar vol.4
pg.321; Kuwait)

And Allah knows best

Wassalam

Mufti Ebrahim Desai
Darul Iftaa, Madrassah In'aamiyyah