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Sharing profits for more orders

Answered as per Hanafi Fiqh by Askimam.org

Asalamu alaikum 

I run pharma company. I get a medicine for Rs. 3 with a mrp of 10. When i sell it i get a profit of Rs 7 but then i give Rs 2 to doctor who is prescribing my medicine from my profit so that i can get more orders from him. My question is ” is it haram act to share some of your profit to get more orders. 

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

 The prescription of the doctor is part of his service to his patient. The doctor is not your agent. Furthermore, the patient could go to any pharmacy to obtain the medicine. Accordingly, the doctor is not your agent and you are not bound to give the doctor a commission. You may give him a portion as a good gesture.

 The doctor should be informed that the amount gifted to him is voluntary and from your side. The doctor should not feel that he is entitled to the Rs2. It is therefore advisable not to give the doctor Rs.2 for every subscription in order to remove the expectations and a future claim of a right over your profit.[1] 

And Allah Ta’āla Knows Best

Syed Haneef

Student Darul Iftaa
New York, USA  

Checked and Approved by,
Mufti Ebrahim Desai.


[1] الاختيار لتعليل المختار (2/ 29)

وَيَجُوزُ أَنْ يَضُمَّ إِلَى الثَّمَنِ الْأَوَّلِ أُجْرَةَ الصَّبْغِ وَالطِّرَازِ وَحَمْلِ الطَّعَامِ وَالسِّمْسَارِ وَسَائِقِ الْغَنَمِ، وَيَقُولُ: قَامَ عَلَيَّ بِكَذَا


This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.