A sales engineer paid a fixed salary and a percentage of the sales

23-12-2010 | IslamWeb

Question:

Dear Sir, I am working in K.S.A.as a sales engineer in engineering company,since 14 month,when i was in pakistan my package done SR3000/-Salary and 3%commision on gross,now after 14 month ,i am demanding my commision , now my kafeel cutting all my commision under SR30,000/-sales in a month,(these all my salesis on services)although first he did,nt tell me about any target (this all commision i dedicated in my mind Haj Umrah for my Parent and family)it is justify?if not, please help me i am in very much tension,i leave my family ,home etc for money.

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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.

The contract serves as the law of the contracting parties as long as it does not contradict the Book of Allaah, and it is an obligation to fulfill it as Allaah Says (what means): {O you who have believed, fulfill [all] contracts.}[Quran 5:1]

However, the mentioned contract is Islamically void because it combined a fixed fee and an unknown commission. Also, what the employer did is not permissible.

What is permissible to do now is that both of you agree on a fixed amount as a salary in the future. As regards the past, you have the right to ask your employer to give you a salary of a person who does the same job like you and not on the basis of the agreement that took place between you and him because the contract is void in principle. Also, it is permissible for you to complain about your employer and take your matter to someone who may oblige him to give you your rights if you do not fear any harm (from him).

Allaah Knows best.