(3-3) Customs Clearance Cost
(3-3) Customs Clearance Cost
Question:
In case of selling goods based on Murabaha method: do we add on the goods cost all expenses spent on it including employees salaries who were involved in the goods importation(e.g. clerks, auditors, customs clearing agents)?
Answer:
The customary expenses which increase the goods value and are directly connected to it, should be added to price of goods sold on Murabaha.
However, employees, clerks, and auditors salaries should not be included thereon as they are part of the purchase transaction completion which justifyies the profit. With regard to customs clearing agents, if they happen to be from outside the Kuwait Finance House staff, then, whatsoever is paid to them shall be added to the price. But if they are part of the Finance House staff, then, only the portion paid for vehicle clearance should be added to However, employees, clerks, and auditors salaries should not be included thereon as they are part of the purchase transaction completion which justifyies the profit. With regard to customs clearing agents, if they happen to be from outside the Kuwait Finance House staff, then, whatsoever is paid to them shall be added to the price. But if they are part of the Finance House staff, then, only the portion paid for vehicle clearance should be added to
Source:
Kuwait Finance House, Book of Fatwas on Economic Issues, part (1), and (2), Fatwa No. (330).
(3-4) Offering Special Prices to Certain Categories of Clients Question:
May we sell a given commodity, on Murabaha basis, to clients whose salaries are deposited with us at a special price which is different from selling prices given to ordinary clients?
Answer:
It is allowed to sell given commodities, on Murabaha basis, to clients whose salaries are remitted to the Kuwait Finance House at
a rate different from prices applied on ordinary clients. This practice aims at encouraging them and others to deal with the Finance House and deter them from engaging in prohibited transactions. Provided that, it is essential to exercise honesty in offering the original prices and their associated cost.
Source:
Kuwait Finance House, Book of Fatwas on Economic Issues, part (1), and (2), Fatwa No. (340).
(3-5) Adding Bonus Amount Payable to Distributors Question:
Commercial deals activities within the local Murabaha management in the trade sector is offering services of electric appliances distributors. Such electric appliances are offered to the distributors in wholesale on Murabaha basis. We buy the equipment from the agent and sell them to the distributors. It is customary that the agent grants a bonus to the distributor at the end of the year depending on purchase volume. Is there any objection from the Shari'ah perspective in granting such a bonus to the distributor by the agent bearing in mind that we in fact who were the original buyers from the agent?
Is it also permissible from the Shari'ah view point to request the agent to grant us such bonus and preserve our option to either grant it to the distributor or keep it for ourselves?
Answer:
If it is a common practice in dealing with agents, that they pay bonus at the end of the year depending on purchase volume, or if it has been stipulated in the contract, then, it should be deducted from the principal amount in line with the Murabaha provisions. On the other hand if this is neither a common practice nor has it been conditional and the bonus was granted at random, then, the issue is considered as having no connection to the contract.
Source:
Kuwait Finance House, Book of Fatwas on Economic Issues, part (1), and (2), Fatwa No. (423).