Is It Permissible to Place the Order Outside of Fiverr?


Shafi'i Fiqh

Answered by Shaykh Muhammad Carr

Question

There is a freelancing website known as Fiverr. It takes commission when placing an order on it.

Is it allowed to place the order outside of Fiverr even though its terms of service prohibit it from taking payment outside of it?

Answer

Thank you for your question. May Allah reward you for ensuring your contracts adhere to Islamic Law principles.

Allah says,

“And do not let the hatred of a people prevent you from being just. Be just; that is nearer to righteousness.” [Quran, 5:8]

The Prophet (Allah bless him and give him peace) said,

“Muslims are upon their conditions.”

Based on the above, using the Fiverr service and taking payment outside of it is not permissible.

The Prophet (May Allah bless him and give him peace) said,

“Whoever deceives us is not from amongst us.” [Muslim]

How Fiverr Works

Fiverr is an online marketplace where freelancers (sellers) offer services (gigs) in various categories, such as design, writing, programming, and marketing. Buyers browse these gigs, place orders, and receive deliverables through the platform.

Contractual Arrangement

  • Independent Contractors: Fiverr acts as an intermediary; freelancers are independent contractors, not employees.
  • Terms of Service Agreement: When using Fiverr, both buyers and sellers agree to Fiverr’s Terms of Service, which govern transactions, payments, disputes, and refunds.

I pray that this is of benefit

And with Allah alone is our success.
[Shaykh] Muhammad Carr
Checked and Approved by Shaykh Dr. Muhammad Abu Bakr Badhib

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 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.