Fatwa ID: 03234

Answered by: Mufti Muhammad Adnan​

Question

I am working in civil engineering consultancy field we are making drawings for villas and buildings in our firm I am working as a senior civil engineer 

My question is in our firm sometimes some contractors will come and ask for any construction work they said they will give us commission for that ok that is fine but about this commission my boss don't know as well as the owner of villa also don't know that I taking commission from contractor the owner trust me and ask me that give me some good contractor on the basis of that word I given him the contractor which I know then that contractor after getting the work he will give me some amount but about this only me and the contractor knows my boss and owner don't know anything

My question is this is halal or haram please guide me

بِسْمِ اللهِ الرَّحْمنِ الرَّحِيْم

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

Answer:

In a situation where the commission is fixed, such as when the broker sells a car and charges £100 for the brokering service, then this is permissible.

Imam Bukhari (RA) has formed a chapter in his Sahih entitled ‘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.  Saaiduna Ibn Abbas Radiallahu Anhu said “There is nothing wrong in one saying, “Sell this garment and whatever you receive above such-and-such amount is yours.”   (Sahih Bukhari p.303 v.1)

As for those situations where the broker takes a certain percentage from the sale i.e. where the commission is not fixed, there are differences of opinions.  In the Hanafi Fiqh, it is considered permissible.  Even though the commission of the broker was initially unknown, when the item was sold the amount became clear, thus no ambiguity remains.  (Taqrir Tirmizi p.59 v.1)

In order for a commission to be permitted there needs to be some sort of an agreement beforehand with all primary parties. In this case, your boss not knowing whilst you take a commission as an agent recommending contractors to others will be unlawful.

Only Allah Knows Best

Written by Mufti Muhammad Adnan

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham