Fatwa ID: 07953

 

Answered by Maulana Yusuf Badshah

 

Question:

 

Could you please clarify if the following two are lawful or not Islamically?

 

I am a dental hygienist working in a practice that offers a dental plan. It is essentially a membership where patients pay ‘X’ amount monthly and this covers 2 dental checkups, 2 hygiene appointments and a 20% discount on any treatment needed e.g fillings. If they get a higher plan they get more hygiene appointments and a higher discount off treatment. Is this membership considered insurance as this ‘membership’ will essentially pay for their check ups  and would it be haram for me to promote this to patients as the company may expect me to do this as I understand membership discounts in exchange for money is haram too?

 

Secondly would the money I earn from patients on this membership plan be halal? I will physically have to charge them when they receive their treatment but if I am ticking that they do not have to pay extra today because they are on the plan which covers their hygiene appointment is my salary lawful?

 

Similarly the company I work for charges more if the patient needs more advanced gum disease treatment. So a normal hygiene appointment is let’s say £100 (but a patient will not have to pay anything for this if they are on a membership plan) but if they need gum disease treatment it’s £200. But if they are on this said plan I would have to charge them only £150 for the treatment.

 

I get paid a percentage of each patient and how much the appointment they had costs, not a set rate. So if a patient has a normal hygiene appointment, I would get paid a % of the £100 whether or not they were a plan patient or they paid for it upfront. If they have gum disease treatment, I either get paid a % of the £200 if they are not on plan or a % of £150 if they are on the plan. This is my understanding as I have not yet started this job.

 

So would me allowing a patient to benefit from a membership plan (which I’ve heard constitutes gambling and maybe insurance) and getting paid for this make the money I receive Haram?

 

And is being paid on a % basis and not a fixed income allowed too?

 

I hope my question is clear and I look forward to hearing back from you In Shaa Allah.

 

 

 

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

 

Answer:

 

There is nothing impermissible about selling memberships nor giving discounts to members. This is not insurance where they receive monetary compensation from you, thus there is no Riba involved, nor is it gambling [1]. Similarly, there is no problem with being paid a percentage of the profit earnt rather than a fixed salary [2]. Thus, everything you have mentioned is permissible.

 

 

Only Allah s.w.t knows best.

Written by Maulana Yusuf Badshah

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

 

[1] Raddul Muhtar, vol. 5, pg. 168-169, Darul Fikr:

بَابُ الرِّبَا هُوَ لُغَةً: مُطْلَقُ الزِّيَادَةِ وَشَرْعًا (فَضْلٌ) وَلَوْ حُكْمًا فَدَخَلَ رِبَا النَّسِيئَةِ وَالْبُيُوعُ الْفَاسِدَةُ فَكُلُّهَا مِنْ الرِّبَا فَيَجِبُ رَدُّ عَيْنِ الرِّبَا لَوْ قَائِمًا لَا رَدُّ ضَمَانِهِ لِأَنَّهُ يُمْلَكُ بِالْقَبْضِ قُنْيَةٌ وَبَحْرٌ (خَالٍ عَنْ عِوَضٍ)

 

 

[2] Raddul Muhtar, vol. 5, pg. 648, Darul Fikr:

(وَكَوْنُ الرِّبْحِ بَيْنَهُمَا شَائِعًا) فَلَوْ عَيَّنَ قَدْرًا فَسَدَتْ (وَكَوْنُ نَصِيبِ كُلٍّ مِنْهُمَا مَعْلُومًا) عِنْدَ الْعَقْدِ