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Question Regarding Shariah Compliance of Wakala + Qard Structure Used as Factoring Alternative

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Assalamu Alaikum wa Rahmatullahi wa Barakatuh, I am seeking a Shariah opinion regarding a financial structure presented to me as a Shariah-compliant alternative to conventional factoring in the U.S. trucking industry. Background (brief): I operate two trucking companies in the United States. In our industry, freight brokers typically pay carriers 30–45 days after delivery. To manage cash flow, many carriers use factoring, where invoices are submitted and a large portion of the amount is advanced immediately for a fee. A provider has offered a structure claimed to be Shariah-compliant, designed to serve a similar commercial purpose (i.e., early access to funds), but described as follows: Proposed Structure: A Wakala (agency) agreement under which the company acts as a collection agent to recover invoice payments from brokers, charging a “collection fee.” A separate Qard Hasan (interest-free loan) agreement, under which advance funding may be provided to the carrier before the broker pays. The provider emphasizes that these two contracts are legally separate and not contractually dependent. However, it is acknowledged that operationally the two services may be offered together as a norm, even if not legally linked. The wakala fee is variable and charged in slabs based on invoice value, justified by the provider as reflecting overhead, labor, and collection effort. In practice, the wakala service may not always be offered as a fully standalone product; availability may depend on management discretion. If the broker does not pay, the carrier is generally required to repay the advanced amount (recourse). My Questions: From a Shariah perspective, is legal separation of contracts sufficient, or must wakala and qard also be operationally independent in practice? If a qard is expected, normatively bundled, or operationally linked with a paid service, does the service fee constitute a benefit arising from the loan, even if the contracts are formally separate? Is a variable wakala (collection) fee linked to invoice value permissible when the same invoice also underlies advance funding? Does this structure satisfy the Shariah principle of substance over form (ḥaqīqah over ṣūrah), or does the operational linkage affect permissibility? Based on the above description, would you advise that this structure is: permissible, not permissible, or permissible only with specific conditions? If conditional permissibility applies, I would greatly appreciate clarification on what exact conditions must be met in practice (for example: genuine standalone wakala availability, fee independence from qard, qard being truly optional and rare, etc.). I am asking this question to ensure that my business operations remain fully compliant with Shariah principles and to avoid any doubtful arrangements. Jazakum Allahu khayran for your time and guidance.
Asked by Khayrullah (1 rep)
Feb 4, 2026, 05:18 PM