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Asking for Commission

Answered as per Hanafi Fiqh by DarulIftaBirmingham

Answered by: Maulana Maqtaur Rahman

Question

Some people I know run a hospital. By law they have to provide health insurance. My question is, is it permissible to take commission from them maybe considering it as a gift etc.? If yes, is it ok to demand more commission which is very normal?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

In the name of Allah, the Most Gracious, the Most Merciful

Answer:

Firstly, in a situation where the commission amount is fixed, this is permissible.

Ibn Abbas said “There is nothing wrong in one saying, “Sell this garment and whatever you receive above such-and-such amount is yours.”[1]

And in those situations where the commission amount is not fixed, there are differences of opinion. In the Hanafi Fiqh, it is considered permissible.[2]

Secondly, regarding your query of demanding more commission. This will then fall under the category of a business and transaction negotiation. This is permissible provided both parties are content with the outcomes of the decision.[3]

Only Allah knows best

Written by Maulana Muqtaur Rahman

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 


[1] Sahih Bukhari, v.1 p.464, Deeniyat prints

[2] Taqrir-tirmizi, v.1 p.59

[3] Qawaid Fiqhiyyah, v.1 p.12, Darul-tirmidhi prints

This answer was collected from DarulIftaBirmingham.co.uk, which is run under the supervision of Mufti Mohammed Tosir Miah from the United Kingdom.

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