Paying profits of an investment in the same currency that one is doing business

Answered according to Hanafi Fiqh by Muftionline.co.za
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Q:

1. If someone trading in jewellary, takes gold from someone as an investment into his business, does he have to return it in the form of gold or he has the option to return it as either gold or cash?

2. What if the initial deal was to return in the form of gold?

3. The price of gold has tremendously increased and he will return a huge amount (the gold he took as an investment does not exist anymore), so he either will pay the investors cash or gold, is this extra amount interest?

4. The investors gave him gold with a condition of getting a monthly profit, but in fact they were getting a monthly fixed amount regardless of the profit or loss. Is this fixed monthly payment interest?

5. Is it fine to take the orders to make jewellery and take some cash initially and at the time of delivery receive the rest or the whole deal should take place in one session?

6. What if the customer does not pay at the time he receives the jewellery and pays later, is it permissible?

Bismillaah

A:

1. It appears that you are going to be doing business in some currency, dollars, etc. Hence, the profits are going to be in the currency that you are conducting business. The right thing will be to give the profits in the currency that you are conducting business in.

2. This type of a condition is incorrect. One cannot make this type of a demand.

3. As explained above, the returns must be from the profits that are earned proportionate to your share.

4. Yes.

5. Yes.

6. Yes.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

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