May I Charge a Penalty When My Dental Patients Break Appointments With Little Notice?

Answered by Sidi Faraz A. Khan

Question: In my dental office many patients don’t show up for their appointments.  Sometimes they have a valid reason, which I forgive, but sometimes they don’t.  I lose money when they waste my time. I am considering notifying patients that if they break their appointment with less than 24 hour notice and without an urgent excuse that they will pay a $50 penalty if they want to schedule again. This would hopefully deter those who would cancel last minute again.  Would a broken appointment fee/penalty be considered halal?

Answer: Assalamu alaikum wa rahmatullah,
 
I pray this finds you in the best of health and faith.

A penalty fee in such a situation is permissible. It would be best to clarify that in the contract, though, to avoid potential dispute.

There are two types of laborers/hired persons (ajir, pl. ujara’) in Islamic law – (1) shared (mushtarak) and (2) exclusive (khass).

The first type is one who is not bound to work for just one party, but rather may (if he wishes) work for several people at once, like a tailor for example. Such a laborer is not entitled to payment until he has actually performed the task he was hired for.

The second type is one who works exclusively for the one paying for his services, like a private housekeeper for example. Such a laborer is entitled to payment by merely being present and ready to work, even if he does not do the work (such as if there is no work to be done). Of course, that does not mean that he can refuse to do the work and still receive payment just for showing up; if he refuses to work, he would not be entitled for payment. [Majalla, Articles 422-25; Sharh al-Atasi]

With respect to appointments, however, once a shared laborer is hired for services for an appointed time, then he is deemed an exclusive laborer for that specific time period. [Majalla, Article 422] This is because in that allotted time, it is understood that he will not work for anyone else.

Jurists give the example of a teacher who is hired to teach for a specific time period – by merely showing up and being ready to teach, he is entitled to payment, regardless of whether the student actually reads with him or not. [Majalla, Article 568; Sharh al-Atasi]

And Allah knows best.

wassalam
Faraz