Employment contract
Question
A father has a business and employs his son as a manager of the business. The father stipulates the salary of the son as follows:
On a monthly basis the son will receive R2000 (for example) as salary, which will escalate 10% yearly, and together with that, the son will share 50% of the profits yearly with the father, after deducting business expenses. Is this permissible?
Answer
It is permissible, however the 50% share of the profits after deducting expenses should not be included in his salary. Instead, it should be regarded as a bonus that he will receive from the side of the employer.
And Allah Ta'ala (الله تعالى) knows best.
References (Arabic / Urdu sources)
ولا تصح حتى تكون المنافع (اي في الإجارة) معلومة والأجرة معلومة (الهداية 3/293)
- Answered by
- Mufti Zakaria Makada
- Checked & approved 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/2971
Fatawa SA: https://fatawa.co.za/fatwa/muftionline-2971