Is it necessary to return the commission from selling tourism services to customers after the company's bankruptcy and their inability to recover their money, especially given the difficulty of doing so?
There is no objection to working as an agent for tourism companies if the tourism is permissible. The agent is entitled to his commission if he brings in the client, but if the contract between the company and the client is terminated, is the agent obliged to return the commission?
This requires elaboration: 1. If the termination is by mutual agreement of the contracting parties (such as rescission), the agent's fee is not forfeited, because his fee became settled upon the completion of his work. 2. If the termination is due to a reason beyond their mutual consent (such as the discovery of a defect), there are two scholarly opinions: The first: He is not entitled to the fee. This is the view of the Maliki and Hanbali schools, because the contract became invalidated. The second: He is entitled to the fee. This is the view of the Hanafi school, because his fee is for his work which was completed.
What appears to be the case is that if the company is prevented from operating and the contract with the clients is terminated due to a reason beyond their mutual consent, the agent must return the commission; because it was in exchange for the conclusion of a contract whose objective was not fulfilled.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Ftawy
- Original fatwa ID
- 20084
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy