FatwaNegeri SembilanTransactions & Finance
Komisyen
Does a property broker's commission by percentage markup or by raising the selling price involve riba, and what is the correct way to practise it?
Short answer
Commission is in principle governed by the terms agreed between the property owner and the broker.
A reference, not a fatwa. First sentence of the summary below — read the original fatwa and consult your state authority before acting.
- Authority
- Negeri Sembilan Mufti Department
- Status
- Opinion (irsyad)
- Series
- Soal Jawab Agama
- Topic
- Transactions & Finance
No evidence of gazettement in the source — this is not a gazetted fatwa.
Summary
Commission is in principle governed by the terms agreed between the property owner and the broker. The broker may sell above the price the owner requests and keep the excess, a view held by some scholars including Ibn Abbas RA. The arrangement is permissible provided the conditions of sale are met: the goods are halal, there is no deception, the price is not excessively above the market price, and there is no riba, gambling, gharar or prohibited services. No fixed limit is set on the profit, but market prices should be respected.
Written in our own words from the original fatwa — check the source before acting on it.
Walaupun tiada batasan tertentu bagi untung yang harus diambil, hendaklah diraikan harga pasaran.
Read the full fatwa on the Negeri Sembilan website (new tab)
How to cite
Cite the original fatwa and its authority. Rujuk Fatwa is only where you found it.
Negeri Sembilan Mufti Department. “Komisyen”, date not stated. https://muftins.gov.my/soaljawab/komisyen/. Found via Rujuk Fatwa: https://rujukfatwa.com/en/fatwa/broker-commission-house-markup-riba/