Live like Brothers Deal like Strangers

Live like Brothers Deal like Strangers
By Shaykh Muhammad Taqi Usmani

If one wished to have an idea of the number of disputes that go on in the communities, one would only need to look at the number of cases that come to court on a daily basis.
Disputing parties try to grab whatever they can other, thus bringing about further enmity. The resultant animosity sometimes continues for generations. If one get to the root of these disputes, one would find that they basically revolve around money and property. Disputes relating to money and property have destroyed many close relationships and have transformed many close friends into arch-enemies. While there are various underlying reasons for this pathetic state of affairs, perhaps among the greatest reasons is the lack of complete financial clarity and order in one's financial matters.

A golden rule that our Deen teaches us is "live like brothers and deal like strangers." The lesson conveyed in this statement is that as far as our social lives are concerned we should treat one another like brothers. As much as possible we should assist one another and overlook . one another's shortcomings. However, when it comes to money matters or aspects pertaining to property or partnership, or distribution of shares, etc., one should determine and clarify these matters like two total strangers. Just as two strangers would clarify the minutest details, we should likewise conduct our transactions to the same degree of clarity and leave no ambiguity whatsoever. No aspect should be left totally in the dark, nor should anything be even minutely unclear.

If this golden advice of our Deen is adhered to during times of unity and good relationships, the door to many future disputes and problems will be completely closed. Unfortunately this golden rule is greatly ignored in most instances. The following are some examples of the disregard shown to this rule.

PARTNERSHIPS
Often several bothers are partners in the same business. At times the father and sons are in the same business together. Without any records being kept all ihe "partners" take their expenses from the business and spend as they wish. However, the position of each person in the business is not determined. For example, is the son or brother merely an employee in the business, or is he a partner? If he is an employee, what is his salary? If he is a partner, what is his percentage share of the profits? Without any of these aspects being clarified, this suggestion of dealing like strangers is frowned upon. This suggestion is regarded as contrary to the dictates of mutual love and unity.

However, experience has proved time and again that the end result of such businesses is that it breeds contempt and enmity in the hearts. Especially if a wedding takes place in the family of one of the partners, the other partner feels that his rights are being trampled upon since his associate has taken much more from the business than what he was entitled to. While on the surface a front of love and unity is displayed but from within, the flames of malice are kindled. Eventually when these ill-feelings become coupled with suspicions, the "partnership" explodes like an angry volcano and all the claims of love and unity are left aside like burning ashes.

Arguments, verbal abuse and costly court cases become the order of the day. Brothers stop talking to each other. Rather, they cannot even then bear to look at one another. As for the business, properties, etc., each person grabs whatever he can. Justice and fair dealing become the first victims to be done away with in this entire saga. The matter then goes further with each partner criticizing and belittling the other among his circle of friends.

Besides the above, since this "partnership" ran for years without any proper agreement, nor were proper records ot the personal drawings and other expenses maintained, it becomes almost impossible to find an amicable solution which is agreeable to all the partners. All this chaos ensued as a result of not treating a business matter strictly in a formal manner from the very inception. Had his rights and duties been spelled oui and all the details were recorded in a partnership agreement, the possibility of such problems and complications occurring would have been uprooted from the beginning.

LONGEST AYAH
In the longest aayah of the Qur'an, Allah (swt) has commanded the Muslims to write down the details of any credit transaction. If a small amount taken on credit must also be recorded, how much more important it is that complex business agreements be preserved in writing. The simple reason for this injunction is that the above mentioned problems may be avoided or if somehow a problem does crop up, it would be easily possible to solve the matter in a fair and just manner.

EMPLOYEE OR PARTNER?
Therefore if more than one person works in the same business, it should be established from the very beginning as to what each one's position in the business is. If a son has joined his father in the business, it must be established from the very first day as to whether he is merely helping his father as a favor, or whether he is an employee, or has he joined as a partner?

If he is just an employee, his salary must be clearly stipulated. It must also be clearly mentioned that the son in this case has no share whatsoever in the ownership of the business.
If he is being made a partner, Firstly it is a condition that he invests something into the business. If the son does not have any capital of his own to invest, the father could give him and amount as a gift. He would then invest this amount into the business and purchase a share therein. All these matters should be reduced to writing in the form of a partnership agreement. The share of profits that each partner would be entitled to should also be explicitly mentioned so that there is no problem later on.

EXTRA WORK
Furthermore, if any of the partners will be doing more work then the others, it should be established as to whether he would be doing this extra work on a voluntary basis, or will he be compensated for the extra work. If he will be compensated, will it be in the form of an increased share in the profits, or will it bo in the form of a specific amount of salary? In short, every aspect pertaining to the duties and rights of each partner must be clearly written down so that no ambiguity remains.

If these aspects have not yet been determined and clarified in any business, it should be done as a matter of absolute urgency. Shyness or embarrassment of any sort should not become an obstacle, nor should one be concerned of any taunts or criticism in this regard. It is a great deception to regard the clarifying of our monetary matters as contrary to love and unity. Rather, the maintaining of love and unity is totally dependent of this clarification. Failure to do so could result in this superficial love and unity becoming a means of enmity and hatred in the future. Thus the teaching of our beautiful Deen is: LIVE LIKE BROTHERS-DEAL LIKE STRANGERS.

HOME OWNERSHIP
Another situation which affects many people in our community, especially the middle class, is the acquisition of a home. In many instances the house is built or purchased jointly by several members of the family. If the father has commenced the building of a house, the sons also contribute from their personal incomes to the extent of their ability. However, in most of these instances these contributions are made without any proper records being kept. It is not determined whether the amount that the son has contributed is an {a} gift to the father or (b) a loan to him, or (c) is he becoming a proportionate shareholder in the home.

If he has given the money as a gift to the father, neither will he own any share in the house nor will he have the right to demand the repayment of his contributions. If it was a loan, the home will still belong solely to the lather but the father will be indebted to him for the sum that he contributed. In the third case he will become a proportionate shareholder in the home. Thus as the value of the house increases, the value of his share will likewise increase. Hence each case has its own resultant effect which differs greatly from the others. However, since these factors were not considered prior to the contributions being made, nor were proper records kept, the matter results in serious problems.

When the value of the house increases, it becomes a matter of severe contention. This situation becomes a means of serious dispute, especially at the time when the father passes away and his inheritance is now being distributed. The problem sometimes becomes impossible to solve and the entire family is adversely affected. 1

However, if the golden teaching of our Decn was adhered to by clarifying all the matters right from the very inception and properly recording them, this chaos affecting the entire familv would have been avoided.

INHERITANCE
The third situation pertains to the winding up of ihe estate. When a person passes away, the Shari'ah requires that his estate must be immediately wound up and distributed among the Shar'i heirs. However, this is also severely neglected in our society. At times whatever each heir can take hold of, he simply ups that portion. No consideration is given to halaal and haraam. In many instances there is no intention to deprive anyone of their right. Nevertheless, either due to ignorance or negligence, the inheritance is not distributed. If the deceased left behind a business, the son that worked, in the clarification process, takes his place as to what is the present position of the business? Nor is there any mention of how the other heirs will be paid out their shares, or which item of the estate will be given to which heir? Instead, if anyone even suggests that the estate should be distributed, his suggestion is regarded as extremely uncouth and it is immediately shot down wiih comments such as: "Our father's kafan is not yet soiled and here he is worried about distributing the estate!"

ORDER OF SHARI'AH
However, this distribution is an order that is absolutely clear. And it also requires that the estate should be speedily distributed, Ignoring the basic order also becomes a means of serious conflict.

As time passes, the other heirs constantly remember their right in the estate, which they have not received as yet. They are grieved by this. Also as time passes the value of the estate differs greatly compared to the time of the death of the father. Hence, since nothing was clarified, the matter now becomes a difficult matter. As a result, the matter finally results in disputes, quarrels, and fights.2

If the estate was speedily wound-up and distributed in accordance to then command of the Shari'ah and all the matters of the estate were mutually finalized. In fact, it would have become a means of greater love and unity among the family members.

The above are just three examples of problems that result from a lack of clarity in our dealings. In reality, the lack of clarity in financial matters has become such a disease that has affected all sectors of our society and kindled the flames of fitnah and disputes whether the matter is big or small - it must be absolutely clear.

No shyness or embarrassment or the consideration of any relationship must become an obstacle in clarifying the matter. Once the matter has been cleared and all the conditions have been determined, each one should extend the greatest kindness and generosity possible to the other. This is the meaning of the golden rule: live like brothers - deal like strangers.