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Fatwa CenterUsing utilities paid for by employer for a side business
Question
Assalamualaikum, I have an acquaintance living with his family in a company provided apartment living in a foreign country. The spouse wife is not working and ideas came about doing some small side business of selling foods to the community. It will not be the family main source of income and they defined it as a hobby or wife to pass her time at home beside looking after households and children. Will the profit earnings coming from this halal, take it that the apartment is company provided including the utilities all paid for? Jazakallah khayran.
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
As long as the employer is paying for the apartment expenses and utilities, and the wife's work involves consumption of those utilities which could exceed usual terms, then it should be said that in principle the company should provide the expenses of the utilities according to usual terms, and if there are any additional expenses, then it is necessary to seek the employer's permission.
Therefore, if the wife's side business requires more consumption of water and electricity than is usual, then she should consult the employer and seek permission for this because additional consumption without permission is an abuse against the company, because it incurs expenses against that it did not agree to pay or did not permit, and this is prohibited in Islam.
Referring to usual terms is a principle which is considered in Islam, and so there is a Fiqh rule that states: Al-A'adah Muhakkamah (which means that custom or common practice determines, i.e. it is an accepted source of legal prescription in the absence of relevant religious text).
The primary evidence for this is the words of Allaah (which mean): {…and give them their due compensation in reasonable terms.} [Quran 4:25]
Also, the Prophet, sallallaahu ‘alayhi wa sallam, said: “Take as much of his wealth as is sufficient for you and your child in reasonable terms.” [Al-Bukhari and Muslim]
Allaah Knows best.
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