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Paying a percentage of the bill as wages for the waiter

Answered as per Hanafi Fiqh by Muftionline.co.za

Q: Certain Muslim restaurants have made it a rule that a 10% hospitality fee (tips for waiters) must be paid over and above the bill. In some cases, it is clearly indicated on menus and notices and in others not advertised. Is it islamically correct for restaurants to charge a hospitality fee, which in essence, is a tip for the waiter, as an imposition on the customer? We, the customer, have no choice in paying this additional tip if we decide to eat there.

Bismillaah

A: Attaching the condition that the customer will have to pay for the waiters wages is an impermissible and an invalid condition in Islam. Hence they should refrain from this. In order to incorporate what they wish, they may increase the markup of the items on their menu.

And Allah Ta’ala (الله تعالى) knows best.

Answered by:

Mufti Zakaria Makada

Checked & Approved:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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