Fatwa ID: 04122

Answered by: Maulana Belaal Ahmed

Question

I work for a touring company. My duty is that I take people for Umrah and I'm the one who deals with all the different agents therefor accommodation, transport, ziyarat etc. Sometimes these agents give me a commission. Can I keep the commission for me or should I return it to my company?

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

In regards to taking a commission, the Shariah has permitted it and allowed it. In the Arabic language, the word commission is known as 'Samsara'.

The scholars of Hadith (muhaddithun) and jurists (fuqaha) have dealt with the issue of brokerage (samsara) in great detail, so much so that Imam al-Bukhari (may Allah have mercy on him) has formed a chapter in his Sahih titled: “Chapter regarding the commission of brokerage” in which, he states:

“Ibn Sirin, Ata’, Ibrahim and al-Hasan did not think that there was anything wrong in a broker receiving a commission. Ibn Abbas (may Allah be pleased with him) said: “There is nothing wrong in one saying [to another], “Sell this garment and whatever you receive above such-and-such amount is yours.” Ibn Sirin said: “There is no harm in one saying, “Sell it for the such-and-such amount and whatever profit is made, it belongs to you or will be shared between us.” (Sahih al-Bukhari 4/569)

However, in regards to the question, one should be clear with the company and not leave anything hidden. One should be clear as to who keeps the commission.

In the following scenario, taqwa is that one should clear all such matters with the company before doing business.

Only Allah knows best

Written by Maulana Belaal Ahmed

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham