Question (Q-95)
I work as an affiliate marketer promoting Ḥalāl products and earn a commission if someone buys through my link. It is free to sign up for these affiliate programs. I use my own money to run advertisements on this offer so that many people will be able to see it. What is the ruling according to Islamic Law in this regard?
Answer:
Advertising permissible products through permissible means is work for which one is permitted to obtain remuneration so long as the remuneration that the affiliate receives is fixed and it is not more than the customary amount (ujrah al-mithl). Promoting an affiliate link in this regard is permissible with the condition that the method of promoting is free from nudity, shamelessness and matters that are contrary to the Sharīʿah (Islamic Law).
It is stated in Al-Ashbāh wa’n-naẓā’ir,
إجارة المنادي والسمسار والمحامي ونحوها جائزة للحاجة
“The employment of the auctioneer, the broker and lawyer etc. is permissible due to need.”
It is stated in Ghamz ʿuyūn al-baṣā’ir sharḥ al-ashbāh wa’n-naẓā’ir,
في الولوالجيـة أجـرة السمسار والمنادي والمحامي وما أشبه ذلك مما لا تقدير فيه للوقت ولا مقدار لما يستحق بالعقد وللناس فيه حاجة جائزة وإن كان في الاصل فاسداً لحاجة الناس إلى ذلك (انتهى) أقول ظاهره وجوب المسمى والمصرح به في البزازية أجرة المثل فليراجع
“It is stated in Al-Walwālijiyyah that the fee of a broker, an auctioneer and a lawyer and of similar work is permissible in which there is no calculation of time nor of the amount to which entitlement arises out of the contract. The people are in need of it. This permissibility is due to there being a need for it amongst the people even though it is originally classed to be void. I (Al-ʿAllāmah Al-Ḥamawī) say that the apparent wording here shows the specified remuneration to be necessary. However, it is clearly stated in Al-Bazzāziyyah that it should be the customary amount of remuneration (ujrah al-mithl).”
It is stated in Radd al-Muḥtār, Volume 9, Page 107,
قال في التاترخانية وفي الدلال والسمسار يجب أجر المثل
“It is stated in Al-Tātarkhāniyyah that the customary amount of remuneration is necessary in relation to the agent and broker.”
And Allah knows best and His Knowledge is Complete and Sublime.
Written by: Shaykh Omar Khan (Allah preserve him)
Verified by: Mufti Shamsulhuda Khan Misbahi (May Allah preserve him)
