Dear sister Sakhra Shah Assalamo Alaikum
Based on your answers, I opine that he
(your husband) should not take any money, except that which he has incurred in
expense or time. And if there was no expense or time involved then he should
not take any money as commission. If he has taken any money, he should return
to the one who has done the job. This money will NOT be lawful for him to take;
and in future if he wants a commission, he must make that in a contract first
before venturing into such transaction.
Sheikh Abdool
Rahman
Sakhra Shah wrote:
Assalam alaikum
The answers are
1. Yes (verbal agreement)
2. No
3. No
4.No
5.No
To: Sakhra Shah
Walekum Assalam WRWB!
You have fully explained your case but
you have not answered my questions. Let me re-phrase my questions. Please
just say yes or no. No explanation is needed.
Was any agreement signed
(or agreed upon) by your husband and Mr. X that the job would be done by
your husband? Yes No
Did the agreement say
that your husband was responsible to get the job done by any means? Yes No
Is your husband a contractor himself of doing such jobs? Yes No
If your husband is in contracting business, does he give his job to
other sub-contractors to do it? Yes No
Does your husband charge commission on sub-contracting the job? Yes No
Wassalam
Editor
Sakhra Shah wrote:
Assalamo Alaikum
My husband is an engineer in a separate company and has no share in Mr. X company. But yes he does take sometimes very small contracts
and gets them done himself. This maybe once
in a year or two, but he is on the look out for such small work. My
husband did not carry out the work himself in case of Mr. X contract. Mr.
X asked my husband to get him some work as my husband is quite social and
his field is also civil engineering, like Mr. X. He has knowledge
about small construction work going on around. He got together with Mr. X
and explained to him the type of work to be done and did all the
necessary formalities to help Mr. X gain access to the company owner
together with Mr. Y. All the necessary meetings between them were arranged
and the contract bidding price was not leaked and no undue favour and
means were done to make Mr. X get that contract.
Secondly no my husband is not in the line of taking commission. But he does
take small contracts, but that, too, may be once in 2 years like i
mentioned before for which he supervises the work himself. If Mr. X had
not got the contract then there would be no 10% money offered. Even if there
would be loss or the work would not have been done satisfactorily, then my
husband would not accept any money. The work was done well and there was good
profit Alhamdulillah.
In fact Mr. X has again asked my husband to find some more work like
before and again he would like to share the profit with him, if there is
any. I hope i have answered your question. I have asked this question here
too and they said there was nothing
wrong with the money, because my husband also made effort to get him
the contract and no foul means was involved and no harm done to any other
deserving contract bidder.
Sister Sakhra Shah Walekum Assalam WRWB
May Allah keep you and your
family safe and happy as good Muslims, Amen!
Before we answer your question rightly, please let me have some more
information of your case. Please answer the following two questions
1. Was
the original agreement between your husband and Mr. X based on your husband
doing the job himself, or was it based on any means so long as the job was
done?
2. Is your husband in the field of sub-contacting work, and taking a
commission?
Wassalam
Editor www.learn-islam.org
Sakhra Shah wrote:
Assalamo Alaikum. My husband is an engineer in a private company. He has
a friend of Mr. X who has a civil
construction company. He takes small contracts which concerns civil work. He
told my husband to get him some private construction work and then he
would like to share about 10% of the profit with him. My husband has a
second friend Mr. Y who is also an engineer and asked my husband for a
reliable and good civil construction contract taker. So my husband suggested
him Mr. X. A meeting was arranged with the company owner by Mr. Y and all the
necessary formalities were carried out by him. They seemed satisfied
with his bio-data and previous work and gave him the contract which
was finished in about 3 months. Now Mr. X shared 10% of his profit
with my husband (as he had told before) and my husband shared half of
it with Mr. Y. What I want to know is whether this money is halal, or is
there some problem in taking it? There was no leak out of the
contract bidding money and no foul means were done in getting Mr. X
this contract. Everything was done fairly and no deception or cheating
took place. Please reply.