Journal of Islamic Studies (Feb 2014)
Rulings on Combining Wages and Commissions
Abstract
This research is concerned with investigating the issues related to combining wages and commissions. It follows a comparative analytical approach. It aims to distinguish between the forms of similar issues, and to show the ruling that matches each form.The research has reached a number of results. The wage is defined as a compensation given to the employee by the employer in return for a service designated by contract. The commission is defined as a known compensation for a known task, and it can be, as designated in contract, in the form of a percentage of sales, and hence the permissibility of combining wages and commission. It can also be in the form of a percentage of profits and hence, the impermissibility of combining wages and commissions. However, if in this case the wage equals expenses or is small with conditions, the combining becomes permissible. This can be also permissible if the commission is a gift or a negligible amount that is not stated in the partnership contract and that does not let the employee monopolize profits. The research recommends that jurisprudence specialists should exert more efforts in the investigation of modern business issues that concern the public,especially ones related to financial affairs
