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Fatwa CenterPayment of first month's salary as commission for work
Question
When we wanted to work in a foreign country we approached an agent who is also a Muslim and applied for the job. He put a condition saying that we should pay our full first month salary as his commission. Is it Halaal for him to take this and for us to give this payment?
Answer
All perfect praise be to Allaah, The Lord of the Worlds. I testify that there is none worthy of worship except Allaah, and that Muhammad is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If the money that the agent asks for is in return for his efforts in filling in application forms and submitting it [to employers] and other services, then it is permissible for him to take money for his services. Determining an exact fee depends on the customs and it is not permissible for this agent to exploit the need of the people and take from them more than what he deserves, and if he does so, he is sinful. However, there is no harm on a person who paid him more than what he deserves because of need. But if there is no need, then it is not permissible for him to pay the agent this amount, as by doing so he is helping in sin.
However, if this agent does not provide any services and is just exploiting his authority, then it is disliked for him to take any money in return for finding a job, and this is the opinion of the majority of scholars
. It is also disliked to pay him the money without being obliged to do so, but if there is a need then it is not disliked to pay him.
Finally, it should be noted that if we suppose that this man is a broker [who takes a commission], then it is a condition that his commission be known, and defining the commission by a month's wages is not definite, therefore the commission has to be defined in order to avoid the contract being indefinite and avoid cheating.
Allaah Knows best.
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