Laws of trade

What do you say about electricians charging a fee for checking something after dismantling it?

Question 1: What do Islamic scholars state about the following issue? Some electricians write on their shops: ‘A fee of fifty rupees will be charged for checking anything,’ then if a person gets his thing repaired, they tell him the cost and do not charge separately the fee for checking the thing after dismantling it. However, if he (the owner) does not get the thing repaired, they charge a fee of fifty rupees for checking it after dismantling and after telling about the fault they reassemble the thing and then return it. What is Shari’ah Ruling on it?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَاب

Answer: For dismantling and checking something, time is spent and tools are used. Some people hire regular workers; their time is also used and they are also paid salaries. The purpose of dismantling is also to know about the fault. This is not the case that he will only unscrew the nuts, screw them and then return the thing. So, this is also a kind of work for which wage can be demanded. As far as the matter is concerned that when he is asked to repair the thing, he does not charge the fee for dismantling it. So, there is also a possible jurisprudential explanation for not charging a fee. One of them is that he has a right to reduce or forgive his wage and this act of him is not considered to be prohibited, but rather it is permissible.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَمصلَّی اللہ علیہ واٰلہٖ وسلَّم

What do you say about ending (Mudharbah) sleeping partnership agreement?

Question 2: What do Islamic scholars state about the following issue? If an investor and a working partner want to end their sleeping partnership agreement by mutual consent, what method should they apply?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَاب

Answer: Whenever an investor and a working partner want to end their sleeping partnership by mutual consent, they can do so. The method of ending (Mudaribat) sleeping partnership is that when sleeping partnership has been ended, the amount available in cash should not be used for further purchase. If the commodity purchased with the amount of Mudaribat (sleeping partnership) is available, the working partner should sell this commodity and get amount in cash and should not make purchase anymore with this money either. After getting the whole amount in cash, all expenses should be separated from the amount of Mudaribat (sleeping partnership). He then should return the capital to the investor and distribute the amount of profit among themselves according to the mutual agreement. There is a different detail in case of loss.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَمصلَّی اللہ علیہ واٰلہٖ وسلَّم

What do you say about the act of charging commission on per passport by agent of Hajj and Umrah?

Question 3: What do Islamic scholars state about the following issue? We have estate business. We help people get work. For example, if we help a carpenter get some work of a kitchen, we ask him to keep our commission. So, he includes our commission in his estimate when telling the customer about the estimate of the given work. Later on, he pays us our commission. Similarly, it also happens in the services of Hajj and Umrah in such a way that we deal with them as per passport and charge commission of two thousand, five thousand etc. from the travel agency on each passport of those travelling through us. What do you state about this act ours?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَاب

Answer: It is permissible to charge commission for providing work to a skilled craftsman. But for this, it is necessary to have a prior agreement with the skilled craftsman such as: When I give you work, you will pay me a certain amount of commission on it. Another point is that it should include your effort to make the craftsman meet the client and get work. If you see construction work being carried out in a house while you were passing by and you call a skilled craftsman and ask him to go to that house, perhaps he may get some work, it will not be called ‘providing work’ and you will not deserve commission on this either. If you make efforts to arrange the meeting of both the parties such as you take them with you and make them meet, you will deserve to have commission on doing this job. Same is the case with Hajj and Umrah agents, i.e. people bring costumers to travel agents or the members of caravan because they have a prior agreement with them: ‘If I bring costumers to you, I will get this amount of commission on per passport.’ It is also such a job for which a fee can be fixed. Therefore, charging a fee for this is also right.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَمصلَّی اللہ علیہ واٰلہٖ وسلَّم

What do you state about school administration’s act of getting commission on per student from van drivers?

Question 4: What do Islamic scholars state about the following issue? Some school administrations get monthly commission on per student from vain drivers i.e. van drivers have to pay money per student to them according to the number of students they pick from their schools. Is it permissible for them to get this commission from the van drivers?

اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَاب

Answer: In the above-mentioned situation, it is not permissible for school administrations to get monthly commission because they do not carry out any such work for which they deserve the commission. Van drivers are usually found outside schools; parents are also aware of it; parents talk to the van drivers and decide the matters themselves regarding their children’s pick and drop, and pick-and-drop fee etc. So, there is no such effort made by the school administration for which they should demand a wage. However, if the school administration makes efforts to make both parties meet, then they deserve commission one time only, not a specific share every month. So, it is Haraam for them to take money from the van drivers every month, and this income is also Haraam.

وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَمصلَّی اللہ علیہ واٰلہٖ وسلَّم

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