May I Resell an Influencer’s Promotion at a Markup Without Telling Them?

Answered by Shaykh Faraz Rabbani

Question

I agree with an influencer that they will do a promotion for £1,000, then negotiate £2,500 with the brand and keep the difference. The influencer does not know what I charged. Is that permissible?

Answer

In the name of Allah, the Most Merciful, the Most Compassionate.

You want to set this up right from the start. May Allah reward your intention.

A promotion is work: the influencer agrees to post certain content for a fee. In the Hanafi school, this is called hiring for work (ijara ala al-ʿamal). The person who takes on the job owes the result, much like owing a debt. He can fulfill it himself or have someone else do it for him [Marghinani, al-Hidaya].

The Extra Belongs to the One Who Takes On the Job

This makes a difference to your question, and it works in your favor if you meet one condition. If you take on the job in your own name, then hire someone else to do it for less, the extra is yours. The jurists give a clear example: a man agrees to sew a garment for a dirham, then pays another to sew it for half [Kasani, Badaʾiʿ al-Sanaʾiʿ]. The extra belongs to him because he took on the job and the risk. If he had paid more, he would have lost the difference.

You might have heard a rule that says if you sublet something you hired, you must give up any extra profit [See: Ibn Abidin, Radd al-Muhtar]. That rule applies to renting property. In hiring for work, if you take on the job and the risk, the extra is yours.

Contractor or Agent: What You Actually Do Decides It

The real question is whether you are acting as a contractor or as an agent.

If you make the deal with the brand in your own name, owe them the result, pay the influencer yourself, and carry the risk if anything goes wrong, you are a contractor. The profit is yours, and you do not have to tell the influencer what you made. If you are only finding work for the influencer and acting on their behalf, you are their agent. An agent cannot keep a hidden profit. You must give the influencer what you negotiated, and take only the fee you both agreed on. What matters is what you actually do, whatever you call yourself [Majalla, art. 3].

Two Limits: A Named Performer and an Honest Price

There are two things to watch for. If the brand or influencer says a certain person must do the work, that must be followed [Marghinani, al-Hidaya]. In your case, the brand wants a named influencer, so there is no substitution or hiding who does the job. Also, you cannot lie about the price. You may keep your margin silent if you are a contractor, but you cannot tell the brand that the influencer charges £2,500 if that is not true.

Set Up the Structure Clearly from the Start, and Your Earnings Will Be Sound

The extra belongs to whoever bears the risk. Before you take the next job, write your terms: make the contract with the brand in your own name, for a clear price, and hire the influencer yourself. Do not call yourself an agent unless you are. If you do this, you can keep your earnings with a clear heart.

And Allah knows best.

Faraz Rabbani

Related Answers

• Is It Permissible To Profit From Being a Middleman? — A Shafiʿi answer allowing a middleman’s service markup, unless the client names who must do the work.
• Can I Sell Items at a Higher Price than What I Bought Them At? — A markup is lawful with the buyer’s consent, though a price far above market value should be disclosed.
• Is Dropshipping Permissible? — Selling goods you don’t yet hold can be sound when structured as an advance-payment (salam) sale.
• Is Influencer Marketing Permissible? — Promoting through influencers is allowed when the content is lawful, and the claims about the product are honest.