Question:
As a driving instructor, I double book some slots in case one student cancels. If no student cancels one or two days before, I rearrange the time of one of the students. Is this allowed and permissible?
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
The Answer:
It is not permissible to double book one session nor overbook services which you cannot deliver to all.
Instead, you may suggest to a student that if there is a cancellation, you will inform them of the availability of the slot. Thereafter, it is their discretion to book the session or decline the offer.
You may shortlist students who are prepared to take lessons at short notice upon cancellations. They can be offered the available slot and equally have the discretion and prerogative to decline.
The Fiqh (jurisprudence of the answer):
Services in a rental contract are considered legally to be in the ruling of assets (‘ayn)[1]. Thus, each time-slot is in the ruling of an asset. Just as one an asset cannot be traded twice, a single time slot cannot be sold or booked twice.
Furthermore, It is incorrect to contract services which you do not have the capacity to deliver.
In addition, a forward service (al-‘Ijārah al-Muḍāfah) is binding based on the view adopted by al-Majallah and its commentaries[2]. Therefore, it cannot be unilaterally cancelled. It is incorrect for you to cancel a pre-agreed service. In a double booked service, the person who agreed to the service first has right to the service and not the second contracting party.
Finally, double booking has the potential to lead to dispute. Agreements and contracts which have a strong potential to lead to dispute are also prohibited in Shariah.
And Allah Ta’ālā Alone Knows Best
Mufti Faraz Adam,
www.darulfiqh.com
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