Taking percentage based commission
Question
I urgently need to know something before I fall into haraam dealings. Please tell me if my method of charging commission is permissible:
I have an online store where people can advertise their things on my website and I charge them on each successful transaction, so if something was sold for R100.00 I would charge R1.00 (1%)
According to the Hanafi mazhab we are allowed to take percentage based commissions from customers, I have collected numerous fataawaa on this Alhamdulillah. What I need to know is whether I can tell my customers this:
We charge 3% for any sales under R1 000, 2% for sales under R5 000 and %1 for sales under R10 000
Although no ambiguity remains and both I and the client knows how much will be charged at the end of the sale, I just need confirmation if is this permissible. See the case scenario below:
Sometimes the client will have something like "negotiable price" on his advert, so he would either sell it for R900 or R1 000 for example. Since I charge him 3% for sales under R1 000 and 2% for sales between R1 000 - R5 000, is this considered as ambiguity or is it permissible?
Another scenario:
Someone advertises an auction on my website. The price of the auction could be won at anything from R1 to R2 000 or more. Can I charge a fixed 3% on all auction listings so that no ambiguity remains as to what the seller will pay me? So that if the sale goes for R1 then I will get R0.03 and if it goes for R2 000 I will get R60
I am very cautious of falling into haraam activity and this is my income so I need it to be clean.
Answer
It is permissible.
And Allah Ta'ala (الله تعالى) knows best.
- Answered by
- Mufti Ebrahim Salejee (Isipingo Beach)
Where scholars differ, it’s safer to take the more cautious view.
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Source: Mufti Online — Madrasah Ta'leemuddeen — https://muftionline.co.za/node/28153
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-28153
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