What is the ruling on a guarantor taking a mandatory monthly amount from his guaranteed worker’s wages?
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Question:
May Allah reward you with good and do you good. Shaykh Salih receives many letters for this program, all of which address the situation of workers here, and the situation of those who bring in workers and then dismiss them so that they work and pay them specific amounts every month. A word on this topic, may Allah reward you with good, in light of a letter sent by listener Nun Khadhal from Hufar al-Batin.
Answer:
The situation of workers is certainly problematic due to the bad conduct of people. The original basis for allowing the recruitment of workers was permitted by the authorities because business owners needed workers or labor to perform their commercial, agricultural, industrial, and similar tasks. This is the original basis for allowing the use of workers: that every employer brings in only as many workers as he needs. As for what many people do, where they have no work or only a small amount of work that does not require many workers, yet they bring in groups of workers for whom they have no need, or for most of whom they have no need, and they leave them to work for others, paying them a daily or monthly share, this is invalid and forbidden. First, because it is contrary to what the authority has permitted, so it involves disobedience to the authority. Second, because this involves exploiting these poor workers who are forced by their living conditions to submit to this injustice, working for others, toiling and striving, and receiving only a small fraction of their sweat, while the rest is taken by this wrongdoer. This is forbidden for him and not permissible. It is obligatory for the Muslim to fear Allah the Exalted and Majestic.
He should not bring in workers except what his own need requires. If he has work, he brings in workers only to the extent of his work. And if he no longer needs them and his work is finished, he deals with them according to the regulations. Either by transferring their sponsorship to someone else, or by sending them back to their countries.
In addition to the harms we mentioned, many of the workers may be disbelievers and followers of false, disbelieving beliefs, or many of the workers may be promoters of corruption, whether moral corruption or doctrinal corruption. They are brought in and thrown into these lands, and then they spread corruption in the land. These are great harms and serious dangers. A clear decision was issued by the Council of Senior Scholars ten years ago or more, forbidding the recruitment of workers except to the extent of the recruiter’s need, and stating that one who recruits them, has no work for them, leaves them to work for others, and takes a percentage from them, is doing something forbidden by the Shari'ah. Yes.
May Allah reward you with good and do you good. Shaykh Salih receives many letters for this program, all of which address the situation of workers here, and the situation of those who bring in workers and then dismiss them so that they work and pay them specific amounts every month. A word on this topic, may Allah reward you with good, in light of a letter sent by listener Nun Khadhal from Hufar al-Batin.
Answer:
The situation of workers is certainly problematic due to the bad conduct of people. The original basis for allowing the recruitment of workers was permitted by the authorities because business owners needed workers or labor to perform their commercial, agricultural, industrial, and similar tasks. This is the original basis for allowing the use of workers: that every employer brings in only as many workers as he needs. As for what many people do, where they have no work or only a small amount of work that does not require many workers, yet they bring in groups of workers for whom they have no need, or for most of whom they have no need, and they leave them to work for others, paying them a daily or monthly share, this is invalid and forbidden. First, because it is contrary to what the authority has permitted, so it involves disobedience to the authority. Second, because this involves exploiting these poor workers who are forced by their living conditions to submit to this injustice, working for others, toiling and striving, and receiving only a small fraction of their sweat, while the rest is taken by this wrongdoer. This is forbidden for him and not permissible. It is obligatory for the Muslim to fear Allah the Exalted and Majestic.
He should not bring in workers except what his own need requires. If he has work, he brings in workers only to the extent of his work. And if he no longer needs them and his work is finished, he deals with them according to the regulations. Either by transferring their sponsorship to someone else, or by sending them back to their countries.
In addition to the harms we mentioned, many of the workers may be disbelievers and followers of false, disbelieving beliefs, or many of the workers may be promoters of corruption, whether moral corruption or doctrinal corruption. They are brought in and thrown into these lands, and then they spread corruption in the land. These are great harms and serious dangers. A clear decision was issued by the Council of Senior Scholars ten years ago or more, forbidding the recruitment of workers except to the extent of the recruiter’s need, and stating that one who recruits them, has no work for them, leaves them to work for others, and takes a percentage from them, is doing something forbidden by the Shari'ah. Yes.
Source
قناة «العلامة الدكتور صالح الفوزان»، ما حكم أخذ الكفيل من مكفوله من العمالة مبلغا كل شهر إلزاما؟ الشيخ صالح الفوزان — youtube.com
The Arabic text is a machine transcription of the audio recording.
