Is It Permissible for a Paint Contractor to Render Services Until the House Is Sold?
Answered by Shaykh Muhammad Carr
Question
Is it permissible for a paint contractor to agree to perform minor maintenance on painted areas until a house is sold, with part of their payment withheld until that time? The contractor only provides labor; this maintenance is included in their initial price.
ِAnswer
Thank you for your question.
The structure of the above contract is impermissible as it entails gharar (contractual risk). The Prophet (Allah bless him and give him peace) prohibited the gharar sale. [Nawawi, Sharh Sahih Muslim] Furthermore, it does not comply with sector standards as the paint suppliers undertake the paint guarantee, not the painter.
The alternative is to hire the painter to paint the house for a predetermined fee, based on either time or the scope of work. If any maintenance is needed before the house is sold, you can call upon the painter to perform the required tasks at that time.
Alternatively, the painter could agree to a set number of hours in the initial contract, during which he would be available to return for any maintenance work as needed.
And Allah knows best
I pray this helps with your question.
[Shaykh] Muhammad Carr
Checked and Approved by Shaykh 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 for 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’ah Board Member for Islamic Asset Management & Insurance Companies since 2001, aligning financial practices with Islamic principles.
