Is it permissible to take up employment as a real estate agent?
Published as Employment As A Real Estate Agent
Question
Is it permissible to take up employment as a real estate agent?
Answer
To work as a real estate agent is permissible provided it does not involve any mortgage, interest based deals, and the commission the agent is going to be entitled to, is fixed and stipulated. It should be either a fixed percentage or a fixed amount.
If no percentage or amount is fixed, rather it is mutually agreed by both parties that the agent will be entitled to whatever is more and above the selling price of the owner, such an agreement is not permissible. In this scenario, the agent will be entitled to Ujrat-ul-mithl (an estimated amount fixed by unbiased experts in this field).
However, if a fixed amount is stipulated (as his wage) together with whatever is over and above the selling price of the owner, such a transaction will be permissible.
References (Arabic / Urdu sources)
المبسوط للسرخسى ١١٤/١٥- ١١٥ دار المعرفة
رد المحتار ٦/٦٣ سعيد
- Approved by
- Mufti Muhammed Saeed Motara Saheb D.B.
Where scholars differ, it’s safer to take the more cautious view.
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Source: Darul Ifta, Darul Uloom Azaadville — https://www.iftadua.co.za/employment-as-a-real-estate-agent/20735/
Fatawa SA: https://fatawa.co.za/fatwa/azaadville-20735
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