My father has sole agency rights of a Malaysian company in Pakistan. That means he works as a broker and only he can import goods in Pakistan from that company.<\/p>\n
My father imports, gets possession of product and sells. But some customer asks for the whole container, so he acts as a broker between the company and buyer. The company allows in the contract that whatever price my father sells above the price of the company, the price above will be the commission of my father. I just read a similar hadis of Sahih Al bukhari which allows this.
\nHadis:
\nIbn \u2018Abbaas said: There is nothing wrong with saying, \u201cSell this garment and whatever there is above such and such a price is yours.\u201d
\nBut the question is can my father pretend to the buyer that it is the company price that he is quoting to him so that there is no place for bargain?<\/p>\n
In the name of Allah, the most Beneficent, the most Merciful.<\/strong><\/p>\n Answer<\/p>\n It is one of the etiquettes of buying and selling that the seller must give full and truthful information. The Prophet of Allah Sallallahu Alahi Wasalam said \u201cAll merchants are resurrected on the Day of Judgement as sinners, except for those who feared Allah, treated their customers well, and were truthful.\u201d (Sunan Tirmizi p.230 v.1)<\/p>\n The following situation if undertaken by your father will amount to deception. The Prophet of Allah Sallallahu Alahi Wasalam has said; \u201cWhoever bears arms against us is not one of us and whoever cheats us is not one of us.\u201d (Sahih Muslim p.70 v.1)<\/p>\n Once the Prophet of Allah Sallallahu Alahi Wasalam passed by a pile of food in the market. He put his hand inside it and felt dampness although the surface was dry. He Sallallahu Alahi Wasalam said; \u201cO owner of the food, what is this?\u201d The Man side; \u201cIt was damaged by rain, O Prophet of Allah.\u201d He said; \u201cWhy didn\u2019t you put the rain damaged food on top so that people could see it! Whoever cheats us is not one of us.\u201d (Sahih Muslim p.70 v.1)<\/p>\n The following is the ruling on taking commission.<\/p>\n In a situation where the commission is fixed, such as when the broker sells a car and charges \u00a3100 for the brokering service, then this is permissible.<\/p>\n Imam Bukhari (RA) has formed a chapter in his Sahih entitled \u2018Chapter regarding the commission of brokerage\u2019 <\/em>in which he states: Ibn Sirin, Ata\u2019, Ibrahim and Al-Hasan did not think that there was anything wrong in a broker receiving a commission.\u00a0 Saaiduna Ibn Abbas Radiallahu Anhu said \u201cThere is nothing wrong in one saying, \u201cSell this garment and whatever you receive above such-and-such amount is yours.\u201d\u00a0\u00a0 (Sahih Bukhari p.303 v.1)<\/p>\n 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.\u00a0 In the Hanafi Fiqh, it is considered permissible.\u00a0 Even though the commission of the broker was initially unknown, when the item was sold the amount became clear, thus no ambiguity remains.\u00a0 (Taqrir Tirmizi p.59 v.1)<\/p>\n Only Allah Knows Best<\/p>\n Mohammed Tosir Miah<\/p>\n Darul Ifta Birmingham<\/p>\n","protected":false},"excerpt":{"rendered":" My father has sole agency rights of a Malaysian company in Pakistan. That means he works as a broker and only he can import goods…<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[17],"tags":[],"_links":{"self":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/4922"}],"collection":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/comments?post=4922"}],"version-history":[{"count":0,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/posts\/4922\/revisions"}],"wp:attachment":[{"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/media?parent=4922"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/categories?post=4922"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/daruliftabirmingham.co.uk\/home\/wp-json\/wp\/v2\/tags?post=4922"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}