Jamiatul Ulama KZN Council of Muslim Theologians
Nasihah (Advice): Trade with Mutual Consent
“O believers! Do not devour one another’s wealth illegally but rather trade by mutual consent. And do not kill each other or yourselves. Surely Allah Ta’ala is ever Merciful to you.” (Quram – 4:29)
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Question and Answer:
- Is it permissible in Islam for Muslim-owned restaurants to add a tip (e.g., 10%) to the bill without clearly informing the customer, especially when it’s only mentioned in fine print and not verbally disclosed?
If a customer pays without realizing this, is the restaurant at fault? And if a customer refuses to pay the added tip, knowing it’s not legally required and prefers to tip voluntarily, would that be sinful?
- A tip given voluntarily is considered a hibah (gift) and is a gesture of gratitude.
If a service charge or tip is added by the restaurant into the bill, and the customer is clearly informed about it then it is permissible for the restaurant to include it. In such cases, the amount becomes part of the agreed cost of the service.
However, if the tip is included in the bill without clear disclosure or is hidden in fine print, this constitutes deception and is not permissible.
And Allah Ta’ala Knows Best
Mufti Muhammed Hamza Farooqui
Mufti Taahir Hansa
(The answer hereby given is specifically based on the question asked and should be read together with the question asked. Islamic rulings on this Q&A newsletter are answered in accordance to the Hanafi Fiqh unless otherwise stated.)
Fatwa Department
Jamiatul Ulama (KZN)
Council of Muslim Theologians
223 Alpine Road, Overport
Durban, South Africa
Tel : +27 (0) 31 2077099
Email: fatwa@jamiat.org.za
Fax : +27(0) 31 2074163
Website : www.jamiat.org.za
