Is it permissible for a lawyer to demand fees in a case where the agreement was breached regarding the amount and duration, and he failed to complete the agreed-upon task multiple times without success?
The agreement between a client and a lawyer is a contract of (hiring) or (agency) for a fee, both of which are permissible. The lawyer is not entitled to the agreed-upon fee unless the required work is completed within the agreed-upon timeframe, as the Prophet (peace be upon him) said: "Muslims are bound by their conditions." If the period expires without the work being completed, the client has the option to terminate the contract, extend the period, or agree upon a new contract. The lawyer is not entitled to any fee for the work previously performed. The deadline has significant consideration in completing tasks, especially if its breach results in substantial harm. The agent is entitled to the fee upon delivering what was entrusted to him for execution. So, if the work is completed, he is entitled to the fee, unless the client stipulated the delivery of a specific item and the agent failed to do so. Therefore, the lawyer is not entitled to a fee as long as he has not completed the task entrusted to him within the agreed-upon time.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
Read the full answer on Ftawyhttps://ftawy.com/en/questions/20775
Where this answer came from
- Source platform
- Ftawy
- Original fatwa ID
- 20775
- Added here
- . This is when the answer was added to El Fatwa, not the fatwa's date.
- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy