If someone hires someone for their services, is it necessary for the price to be stipulated at the time when one agrees to do the work.
For example if someone hires a contractor to do some renovations in their house. At times the contractor will agree to do the work but may not fix the price and at the end of his service he will give you a bill. At times it may be fair and at times it may be much more than what the customer expected.
Similarly when you go to a tailor to get clothes stitched they may not stipulate the price. Once the clothing is ready they tell you the cost of their services.
What is the Islamic ruling in regards to this?
Bismillahi Ta’ala
Walaikum Assalam Warahmatullah
At the outset it should be understood that Shar’an there are two main types of hiring (Ijarah) when it comes to employing an employee.
a. al-Ajeer al-Khas : A contractual employment wherein an employer hires an employee to give his specified time and it paid a wage for that time. In such an instance, the employee may not engage himself to another employer since his primary duty is to make himself available to the employer.
b. al-Ajeer al-Mushtarak : A contractual employment wherein an employer hires and employee for a specific project or task. In such an instance, the employee’s duty is to complete the task at hand, and his wage is reflective of that task, and not the time.
Your question mentions a contractual job of renovations in the house. For this you hire out a renovator. If the wages of this project (where the parameters of the renovations should be considerably clear as well) are not stipulated upfront, then such a contract is Shar’an non-Compliant. The ambiguity of the wage will in most probability lead to a dispute between the employer and employee. Hence, this ijarah is fasid, and should be rectified by clarifying the wage upfront.
Thereafter, if the renovator take longer than the anticipated time, he will bear the loss of his own incorrect assessment of time for the particular task. The employer will still pay him the agreed upon wage for that task. Similarly, if he ends up completing the task earlier than his own time assessment, then he will still be paid for the task and no less.
You have mentioned the other example of a tailor. The same rule will be applied to this as well. The wage should be stipulated beforehand for complete shar’i validity of the Ijarah. If there is ambiguity in the wages and the task has already been completed and now a dispute has ensued, then ujra al-mithl (average market rate) will be applied and paid to the employee.
Wallahu A’lam
And Allah Ta’āla Knows Best
Mufti Faisal al-Mahmudi