This problem that has arisen for this worker is a problem that exists among many of his peers.
Machine translationRead the Arabic original
The questioner : He says: I work with one of the business men, and he has imposed on me either to pay him a specific amount from my salary every month because he brought me to this country with a work contract, or to pay him the full value of the contract, which is equivalent to eight thousand riyals, so that I am free to work at any location I choose. I do not possess this large sum, so I will entrust my affair to Allah and pay him the amount he requested from me every month; otherwise, he will send me back to my country again. Is it permissible for him to take this money, which is from my earnings and the sweat of my brow?
The Shaykh : This problem that has arisen for this worker is a problem that exists among many of his peers.
The questioner : Yes.
The Shaykh : This is because some people bring in workers, possibly with forged documents from the government, and then they impose on these workers a fixed amount that they take from them every month, or a specific share of what they earn, such as twenty percent or the like. This operation is forbidden because it contradicts the agreement reached between this worker-bringer and the government. The government, may Allah guide it, has a system in this matter, a specific system that the one bringing in these workers must follow.
The questioner : Yes.
The Shaykh : One does not say, for example, that if the matter is permissible in the Shari'ah, then it is permissible for me to do it, because we say: the Shari'ah commanded the fulfillment of contracts. Allah the Exalted said:[Al-Ma'idah 5:1] And He the Exalted said: [Al-Isra 17:34] So if you brought these workers into the Kingdom of Saudi Arabia on the condition between you and the responsible authorities, it is not permissible for you to violate this condition due to the command of Allah the Exalted to fulfill contracts, and likewise the fulfillment of the covenant. The government, may Allah guide it, only stipulated the specific conditions for bringing in workers for the benefit of those who benefit from this work, so that wages do not increase. Because if the worker has been brought to this country with a low monthly wage, then the sponsor's work for him among the people will be at a lower wage, considering that he is the one profiting. But if he makes this worker work for a percentage or for a fixed amount, then the purpose that the government aims for with its system is lost for the citizens.
In any case, I advise our brothers, those who bring in these workers, I advise them to fear Allah the Exalted and Supreme in their dealings with them, and to fear Allah the Exalted in their government and their people, and not to forge or confuse or violate what was organized by the government, because it is intended for the public benefit. And Allah the Exalted said:[An-Nisa 4:59] So whatever the government orders or organizes that does not contradict the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him), then acting upon it is acting upon the Book of Allah, and it is obligatory for the subjects to carry it out, due to His saying the Exalted: [An-Nisa 4:59] This is what I wish to direct to our brothers who bring in these workers.
The questioner : May Allah reward you with good.
This is a message from the questioner, 'Azizah Hasan al-Shahri, from Abha al-Mujaridah.
The Shaykh : This problem that has arisen for this worker is a problem that exists among many of his peers.
The questioner : Yes.
The Shaykh : This is because some people bring in workers, possibly with forged documents from the government, and then they impose on these workers a fixed amount that they take from them every month, or a specific share of what they earn, such as twenty percent or the like. This operation is forbidden because it contradicts the agreement reached between this worker-bringer and the government. The government, may Allah guide it, has a system in this matter, a specific system that the one bringing in these workers must follow.
The questioner : Yes.
The Shaykh : One does not say, for example, that if the matter is permissible in the Shari'ah, then it is permissible for me to do it, because we say: the Shari'ah commanded the fulfillment of contracts. Allah the Exalted said:
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ ءامَنُوا أَوْفُوا بِالْعُقُودِAnd fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وَأَوْفُوا بِالْعَهْدِ إن الْعَهْدَ كَانَ مَسْئُولًاIn any case, I advise our brothers, those who bring in these workers, I advise them to fear Allah the Exalted and Supreme in their dealings with them, and to fear Allah the Exalted in their government and their people, and not to forge or confuse or violate what was organized by the government, because it is intended for the public benefit. And Allah the Exalted said:
O you who have believed, obey Allah and obey the Messenger and those in authority among you
يَا أَيُّهَا الَّذِينَ ءامَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُوْلِي الأَمْرِ مِنْكُمْobey Allah and obey the Messenger and those in authority among you
أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُوْلِي الأَمْرِ مِنْكُمْThe questioner : May Allah reward you with good.
This is a message from the questioner, 'Azizah Hasan al-Shahri, from Abha al-Mujaridah.