Fatwa ID: 06314

Answered by: Alimah Zakiratul Hoque

Question:

I work for a company that sells its services to international customers all over the world. I have been working with a client for over 20 years they are a very good customer and I have a very good relationship with them and they only want to work with me.

A few years ago there was a problem in my company and due to some technical reasons (International Sanctions) we were forced to stop working with this customer. However, this client was very upset and wanted to continue working with me only. After some time I found a way of continuing to work with this client by channelling the business via my friend’s company in another country.

My Boss (partner at the company) at the company is aware of this agreement and is very happy with it as he also did not want to stop working with them. Of course, we are paying a handling charge to my friend’s company for helping us with this and because I introduced this opportunity to him he agreed to share 33% of this handling charge with me as I bought this business opportunity for him. My Boss is not aware that my friend is offering me this 33% – as this was agreed only directly between me and my friend he was so happy that I trusted him and gave him this new business opportunity.

It is important to note that the company I am working for is covering the handling charge given to my friend from our own profits, (as far as my boss is concerned even though we have lower profits I have still managed to keep the business with our company which he is really pleased about) we are NOT charging any extra to the end customer nor lowering the standard of services we offer to him as we recognise that us stopping working with him was not his fault.

My question is, is it Halal for me to accept this payment from my friends? If you need any further information please let me know.

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

Answer:

After the handling charge has been paid to your friend by your company, it is in his possession to do with as he pleases (Qawaaid Fiqhiyyah, Pg 90). He is not constrained by the conditions of the previous transaction. If he chose to make an agreement with you, then it is within his right to do so. Therefore, it would be Halal for you to take this money.

تبدل سبب الملك كتبدل الذات

Only Allah knows best.

Written by Alimah Zakiratul Hoque

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham