Is an Hourly-Rate Freelance Contract Valid Without Specifying the Required Quality?
Shafi'i Fiqh
Answered by Shaykh Muhammad Carr
Question
Is hiring a freelance writer for one hour to write a product caption valid? Is the contract valid when the quality standard is unspecified and only an hourly rate (with a maximum number of hours) is agreed upon?
Answer
In the Name of Allah, the Most Merciful and Compassionate.
I pray this finds you in the best of faith and health. Thank you for your question.
The services described above would be classified as a general hire contract, namely an independent contractor arrangement.
Why an Undefined Quality Standard Invalidates the Contract
Failing to define the required standard of writing renders the contract invalid. In a service contract, the work to be performed must be clearly specified, stipulated, and known to both parties. [See Khatib, Mughni al-Muhtaj]
Ibn Qasim defines ijara as: “A contract for a sought-after, known benefit that is permissible and may legally be provided, in exchange for a known compensation.” [Ibn Qasim, Fath al-Qarib]
The Validity of Capped Hourly Rates
As for a fixed hourly rate with a maximum of 30 hours per week, such an arrangement is valid. Not knowing the total remuneration amount does not affect the validity of the contract, as it is ascertainable from its detailed components, thereby removing any uncertainty. [See Khatib, Mughni al-Muhtaj]
Allah Most High says: “O you who believe, do not consume one another’s wealth unlawfully, but only through trade conducted by mutual consent.” [Quran 4:29]
Practical Guidance
Both parties should strive for clarity in defining the scope of work and compensation to avoid disputes and ensure genuine mutual consent. May Allah bless your earnings and grant you success in all your dealings.
I pray this is of benefit and that Allah guides us all.
And Allah knows best.
[Shaykh] Muhammad Carr
Checked and Approved by Shaykh Faraz Rabbani
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Shaykh Muhammad Carr has dedicated his life to studying and transmitting our beautiful deen. His studies have taken him around the globe, where he has benefitted from the guidance of many luminaries. Under the guidance of his teachers – Shaykh Taha Karan, Shaykh Yaseen Abbas, Shaykh Muadh Ali, and many others – Shaykh Muhammad has grown to appreciate the beauty and benefits of diverse scholarship. He completed his memorization of the Qur’an at Dar al-Ulum Zakariyyah in September 1997 and received an Alimiyya Degree in 2006 from DUAI (Darul Ulum al-Arabiyyah al-Islamiyyah). He is also affiliated with Masjid Auwal in Bo Kaap, Cape Town (the oldest mosque in South Africa), where he serves as a co-imam, and Dar Al-Safa, where he has taught since 2018. As a teacher, he imparts the wisdom of our heritage and tradition by opening the door to students. As an imam, he has the unique opportunity to serve his community in daily life.
In addition to his roles as a teacher and imam, Shaykh Muhammad Carr has contributed significantly to the administrative and advisory aspects of Islamic institutions. Since 2023, he has served as the Administrative Director at The Imam Kurani Institute, contributing to the institution’s growth and development. He continues to pursue traditional Islamic Sciences, possessing a keen interest in Islamic Contract Law and Finance. Shaykh Muhammad has been a Shari‘a Board Member for Islamic Asset Management & Insurance Companies since 2001, aligning financial practices with Islamic principles.
