Message No : 7Sr.No : 291/725
Question By : Ammaarah Juhani Hassan

Assalamu Alaikum
I have one question about business. My husband and his friend have started doing business together. His friend lives in Uk and my husband is in Thailand. His friend let my husband contacts one plastic bag factory, and then his friend bring one customer to the factory so the customer will order plastic bag from the factory. So my husband and his friend will share the profit (commission).However, they didn't talk how many percent of profit they will share. When the customer order plastic bag already, his friend deposit 40,000 baht to the factory and the customer will have to pay 300,000 baht after the factory finishes produce plastic bag, and the bag will be finished on this October 2nd, but his friend didn't send money for the bag yet. He said let him go back to Thailand on October 2nd and see the goods because he will take money from the customer and then give to the husband to pay the factory. Just few days ago, many people told myhusband not to trust his friend because he has so much debts and he doens't have good credit in UK. Now my husband is worried he could not get money to pay the factory then he will be responsible and he doesn't have much money like that. Moreover, his friend called to cancel all businesses, except the bags, that he and my husband agree to do although my husband already do many things and contact people for business already. Therefore, my husband try to contact the customer and send money to him so that he can pay the bags and send them to the customer on October 2nd. My husband didn't wait for his friend come and give him money because it is too late and if his friend didn't give him, my husband will be in big trouble. Moreover, his friend do acting like what people said that we can't trust. His friend didn't tell him frankly about business and profit that he will get and so on.
Now the customer already sent him money and the husband get commission 40,000 baht without waiting for his friend. He wants to ask that how much he should share profit to his friend because he is worried about hereafter that he will be questioned and has to pay his friend in the hereafter. They didn't agree for how much they will share the profit. My husband said if he does business in Uk he will have to share profit wil him or not because his friends may thinks he steals his friend's customer. My husband gives better offer to customer.
1 . SO if my husband continue to do business, will he have to share profit with his friend?
2. If he has to share, then how much he has to share?
3. About the plastic bag, does he has to share profit with his friend? If yes, how much?
My husband is worried very much. please reply soon
Thank you


Reply By : Mohd. Shihabuddin Qasmi
Designation : Mufti, ODI, MMERC, Mumbai 

(We apologize for any inconvenience caused by late replying to the question)

In the name of Allah, All Gracious, All Merciful
Wa Alaikumussalam
Dear Sister in Islam,
The answer to your question is as follows:

1. The detail stated in the question shows that the friend of your husband is an agent who brings customer to the factory. And an agent is permitted to take commission provided that he prevents himself from telling a lie and cheating. (Raddul Muhtaar: 4/46) Therefore, if your husband wants to continue his business, he can appoint his friend as an agent of the factory.

2. The process mentioned in the above-question is not sharing business, but the friend of your husband is an agent who is permitted to take commission. The commission should be decided with mutual understanding.

3. If he has played any role in that business as an agent, your husband may pay his wages with mutual understanding.

And Allah knows the best,

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Current Issue October 2012
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