Fatwa ID: 08139

Answered by: Alimah Aisha Qureshi

Question:

Asalamu ‘Alaykum Mufti,

I am sending a message in addition to the question I sent this morning regarding my salary working in a dental practice, which I forgot to add.

I mentioned how there are different charges for normal hygiene appointments and ‘advanced gum disease treatment’. This treatment is essentially just a deep clean. It would use mostly the same equipment. The normal hygiene appointments basically clean above the gum line, and deep cleanings clean below the gum line.

If someone would benefit from this deep cleaning, even if their gum disease is very mild (e.g. only one or two teeth maybe need this deep cleaning), they would still be charged the higher amount. Considering they would still use the same equipment, and if not a lot of teeth require the deep cleaning, then it probably won’t take much more time than a normal hygiene appointment, would it be lawful and halal to charge them this higher amount?

What is the case if they do have more widespread gum disease? Should the fees for normal hygiene and deep clean be the same? The fees for the hygiene appointment are for 40 minutes, and if I think I can use that time to do the deeper treatment clean—either by leaving out the normal hygiene clean in the same appointment or I find there is enough time to do both in one appointment—should we only charge them the hygiene fee or the more expensive treatment fee, as is determined by the practice?

Note: not all practices work like this. Some places charge based on how much time it takes, so if you can have a deep clean for gum disease in the same time it would take another patient to have just a normal hygiene clean, then you both pay the same. Other practices operate how my practice does—based on the type of clean. It is the owner’s choice how they decide to charge.

Will my income be halal if I charge patients more for the deep cleaning as opposed to the normal clean?

Jazakhallahu Khairan

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

Answer:

Charging more for the service provided would be seen as exploitation, which is unjust, and it should be made clear to the patient before the treatment takes place, as transparency is important.

References:

في بيع الخدمات إذا كانت الخدمة تتطلب جهداً ووقتاً إضافياً فإن من حق العامل أن يأخذ أجراً أعلى، ولكن لا يجوز رفع الأجرة دون سبب حقيقي.
Radd al-Muḥtār, vol. 5, pg. 65

Only Allah knows best.

Written by: Alimah Aisha Qureshi
Checked and approved by: Mufti Mohammed Tosir Miah
Darul Ifta Birmingham