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Shafi'i Fiqh

Renting or Renting out one`s Academic Certificate isn`t Permissible

What is the ruling of Sharia on registering an engineer at an engineering office to obtain more building permits than the number determined by the Jordanian Engineers Association? This is knowing that this engineer will receive a salary from this office without doing any actual work for it. What is the ruling of Sharia on this engineer`s end-of-service gratuity and certificate of expertise?

Shafi'i Fiqh

Ruling on Paying Salary to Non-Working Partner from Company`s Profits

A fuselage was purchased to be turned into a restaurant based on a contract of partnership and employment. The first party is responsible for bringing this fuselage to a certain location while the second shall do whatever is needed to equip this restaurant to the fullest. In order to safeguard the financial rights of the first party, one point of the contract stipulated the following: "The second party shall pay (1000 JDs), at the minimum, to the first party from the monthly revenues and for each month, except during forced closures and in the incidence of storms and inactivity resulting from force majeure." After asking about this, we were told that it is unlawful to determine this percentage at a certain sum for this is usury (Riba). Therefore, it was suggested to adjust the above point into one of the following alternatives: First, the second party shall pay a monthly salary (1000 JDs) to the first party, although the latter party won`t be working on the project. Second, the second party shall pay (1000-1500 JDs), at minimum, to the first party from the monthly profits. In light of this, is determining a percentage from the profits, as indicated above, unlawful according to Sharia?

Shafi'i Fiqh

Ruling on Gifts Given to Employees

A number of drivers work for a private company on a salary-basis where they take customers wherever they want and free of charge. From time to time, customers give them some gifts, cash or else, so the company decided taking a percentage and dividing it amongst all staff members. Is it permissible for the company to do that? Is it permissible for the employees, other than the drivers, to take a percentage from the gifts knowing that the drivers don`t approve of that?

Shafi'i Fiqh

An Employee Claiming a Compensation for an Accident during Work

I drive a wheeled-excavator, and one day the company I work for sent me to the digging site in one of its buses. Due to the recklessness of the driver, we had an accident. As a result, I sustained back injury, and stopped working. The problem is that the bus wasn`t licensed and the company hadn`t registered me under the social security. Do I have the right to claim a compensation for the harm inflicted upon me because of the accident? Who should pay the compensation: the bus driver or the company? Do I have the right to claim my salary for the period I stopped working?

Shafi'i Fiqh

Ruling on Taking Compensations of Insurance Concluded without the Employee`s Permission

The compensation system employed by the university where I work stipulates that in case of death, an employee`s family shall receive so much as twelve times his basic salary. In return, the university receives a group insurance document that covers death, total disability, and permanent partial disability. Accordingly, what is the Islamic ruling on the following: 1-Employees benefiting from the insurance although they had no say as to subscribing to it or not? 2-Human resources managing insurance contracts and dealing with insurance companies, as part of their job description?

Shafi'i Fiqh

Zakat Due on Staff Savings in the Staff Provident Fund

Could you clarify the Islamic ruling on the Zakat(alms) due on the savings of the employees subscribing to the staff provident fund, taking into consideration what follows: First: The employee pays 2.5% from his basic salary to the Fund. Second: The company pays 2.5% of that salary to the Fund. Third: According to the system of the above Fund, each employee who subscribed for two years or more is entitled to borrow money from it. Fourth: According to the system of the above Fund, and after three years of subscribing to it, each employee can collect his subscriptions as well as those made by the company, but in case he resigned before that period, he is entitled to take only his subscriptions. Fifth: According to the system of the above Fund, each employee, who has spent five years or more working for the company or subscribing to the Fund{which comes first}, can borrow a maximum of 50% from his overall savings. Sixth: The employee can make purchases in line with the regulations of the Fund. Seventh: No profits have been distributed until now. Eighth: All transactions and investments conducted by the Fund comply with Sharia.

Shafi'i Fiqh

An Agreement between a Company`s Staff Provident Fund and an Agency for Hajj and Umrah Services

What is the ruling of Sharia on the agreement which a company`s staff provident fund concluded with an agency that provides Hajj and Umrah services. The agreement stipulates that the company`s fund receives a commission in exchange for every staff member it sends to seek the services of that agency, provided that the company settles all the costs(of Hajj or Umrah) on his behalf. In terms of Sharia, is it valid to classify this transaction as Ja`aalah(conditional payment)?

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