Is it permissible to take a fee to settle a dispute without a condition?
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The Shaykh : Yes.
The questioner : Shaykh, if it is not specified, meaning there are others, but he took it to settle the dispute, not to take it, does it fall under this...?
The Shaykh : There is no harm in taking it to settle the dispute. We tell you to take it, but saying to people, "I will not judge between you except for a fee," is not permissible.
The questioner : A fee, meaning it is not a condition...
The Shaykh : On the one who makes a fee a condition.
The questioner : On the two parties in the dispute?
The Shaykh : It is not permissible, because this is problematic and leads to corruption. However, yes, this is the common practice in this matter. I told you it is rare. The common practice is that there is a ruler who manages the people. He says to the ruler, "If there is no public treasury, provide for me." So, the ruler imposes a known amount on the two parties in advance, from above, from the ruler. The condition is that everyone who sits with the judge must pay such and such. This is like what exists now in other countries, where everyone who goes to the hospital for an examination pays a fee. If this is imposed by the ruler, there is nothing wrong with it.
The questioner : Shaykh, if it is not specified, meaning there are others, but he took it to settle the dispute, not to take it, does it fall under this...?
The Shaykh : There is no harm in taking it to settle the dispute. We tell you to take it, but saying to people, "I will not judge between you except for a fee," is not permissible.
The questioner : A fee, meaning it is not a condition...
The Shaykh : On the one who makes a fee a condition.
The questioner : On the two parties in the dispute?
The Shaykh : It is not permissible, because this is problematic and leads to corruption. However, yes, this is the common practice in this matter. I told you it is rare. The common practice is that there is a ruler who manages the people. He says to the ruler, "If there is no public treasury, provide for me." So, the ruler imposes a known amount on the two parties in advance, from above, from the ruler. The condition is that everyone who sits with the judge must pay such and such. This is like what exists now in other countries, where everyone who goes to the hospital for an examination pays a fee. If this is imposed by the ruler, there is nothing wrong with it.