Is it permissible to receive a monthly financial payment from a foreign merchant in exchange for the use of a government commercial license that is only granted to citizens, and if not permissible, what is the legitimate way to do so?
It is permissible to sell or lease a commercial license if it holds significant financial value and is not prohibited by applicable laws and regulations. This is based on the statement of Sheikh Muhammad Taqi Usmani, who mentioned that if a license is registered in a person's name and the law does not permit its transfer, then it is not permissible to sell it, in order to prevent lying and deception. According to the Permanent Committee for Issuing Fatwas, it is not permissible to charge a fee for a commercial registration if the state prohibits it. However, if selling or leasing is not permitted, the -compliant alternative is a partnership contract between the two parties, whereby the license, a sum of money, and labor come from the side of the license holder, and a sum of money and labor in the premises come from the side of the other party, with profits distributed according to the agreement and losses borne proportionally to the capital. It is also permissible to lease the premises along with the license.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 21016
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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