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Is my money invested and the returns I would receive will be halal?

Q:

Salam,

  1.   Years ago I heard from  a gentleman in our community about  someone who takes your money and invests in builders (real estate) . After 5 years , he gives you back your money with returns , depending on how good the builders performs or made money.

After giving him the money I received a shareholder certificate of my payments but the company name mentioned in the certificate is his.  So basically he has a registered company and deals with the builders using his own registered company.

My question is that if he gives me my money back, will that be considered as interest as though my money was invested in a Non-muslim company, but officially,  I am getting it from his own registered company?  The company is a  kind of middleman between the Builders and the Share Holders.

2. Now there is one more twist.  Since he was supposed to return our money in 5 years and has not paid us our money yet,  even my principal, I have heard that he will give a fixed percentage on the money he owes from the date he was supposed to give using his registered company.

Considering  Scenario #1  and Scenario #2,  I need to know if this money will be halal for me as the final invested party was a non-muslim and if he has not paid me after 5 years, that is on him. I do not have control over how he will manage on his side.

Please answer me based on Ayatollah Seestani (RA)

 

Thanks

 

A:

Al-Salam Alaykum
thank you for your question.

1- if the company is only the middleman and you receive the money from non-Muslim company it is Halal; Even if it is Riba. As receiving interest from non-Muslims is Halal.

2- because you did not ask for it and he is paying by his company policy it is also Halal.

Remember if you did not pay the Khums for the principle of your money, you have to pay it as soon as you receive it because it is on your savings for more than a year.

Best regards
Sayyid Madani