Regarding taking of fees by advocate

Answered according to Hanafi Fiqh by
What is the opinion of Ulama and Muftis on the following subject:-
My brother is an advocate. Nowadays he works in Tehsil and prepares Bainama papers of the person or party who sells/purchases the property. The concerned party seeks his help in Bainama work. The party is told total amount of expenditure of the Bainama (Bainama Kharch) which includes: Purchase of stamps, fee of advocate and registrar office expenses and commission. Advocate determines the amount of expenses through negotiation with party, party does not ask item wise expenses. My brother takes only his fee but the person or party does not know the amount of fee (taken by my brother). All the expenses of the Bainama are determined with the consent of the party. This practice is prevalent in all the Tehsils of India. The question is that my brother’s fee taken in this way is legal (halal) or illegal (haram) according to Islamic law (Shariah)

بسم الله الرحمن الرحيم

(Fatwa: 857/711/H=06/1435)

It shall be lawful for him if he tells about his work and fixes the fee clearly.

Allah knows Best!

Darul Ifta,
Darul Uloom Deoband


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