Fatwa No. (19653) Q: One of my relatives has an Indian worker who follows the Sikh religion, meaning he is a disbeliever, and a contract was made with him for four years
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Fatwa No. (19653)
Q: One of my relatives has an Indian worker who follows the Sikh religion, meaning he is a disbeliever, and a contract was made with him for four years to work for my relative in the Kingdom. Only two years of the period have passed, and we discovered that he is transferring the amounts he receives to his country to build Hindu temples, and this is done continuously. When we learned of this, his sponsor said: He will deport him and end the agreement based on what he did in helping his religion against the Muslims. But one of the brothers mentioned to us the saying of Allah the Exalted:
[Al-Ma'idah 5:1] We ask you to guide us regarding what was mentioned. May Allah preserve you and protect you.
A: It is obligatory for you to terminate the contract with this disbelieving worker and replace him with a trustworthy Muslim worker; because contracting with a Muslim involves mutual support and cooperation, and helping him in matters of his religion and worldly life, which becomes a cause for strengthening the Muslims against their enemies. Also, because it is not permissible to bring disbelievers into this Peninsula. As for contracting with disbelievers from polytheists and Zoroastrians and Jews and Christians and others, and keeping them among the Muslims - its harm is great and its danger is serious; because of the harms, trials, and evils that result from it, whose consequences are not good, as it facilitates for them to spread their beliefs and customs among the Muslims and influence them. Also, contracting with them is helping them in their falsehood, strengthening their economy, and executing their plots against the Muslims. It is authentic from the Prophet (peace and blessings be upon him) that he advised at his death to expel the disbelievers from the Arabian Peninsula . Al-Bukhari narrated in his Sahih, from the hadith of Ibn Abbas , and it includes:Sahih al-Bukhari 4431 The hadith. And for this reason, the Prophet (peace and blessings be upon him) expelled the Jews from Madinah , and prevented them from residing in it, so he expelled them to Khaybar . When he conquered what remained of Khaybar , he intended to expel those who remained of those who had made a treaty with him to work in Khaybar , then they asked him to keep them to work
on the earth, so He kept them for the sake of dire necessity. When the power of the Muslims grew strong and the necessity was removed,'Umar ibn al-Khattab(may Allah be pleased with him) during his caliphate fromthe Arabian Peninsulaentirely. And a contract for hiring a disbeliever worker is not permissible to continue in, nor is it obligatory to fulfill it until the end of its term, so it does not fall under the generality of the saying of Allah the Exalted:[Al-Ma'idah 5:1], as some of those who told you that think. Rather, what is intended by it is the obligation to fulfill contracts that must be fulfilled, whether they are between Allah and His servants, such as the contracts Allah made with His servants and obligated them to from the rulings of His religion, or between the servants themselves regarding what must be fulfilled, which is what agrees with the Book of Allah and the Sunnah of His Messenger (peace and blessings be upon him). If it contradicts them, then it is not obligatory to fulfill it, and it is not permissible to commit to it. And success is from Allah, and may Allah send prayers and blessings upon our Prophet Muhammad and his family and his Companions.
Q: One of my relatives has an Indian worker who follows the Sikh religion, meaning he is a disbeliever, and a contract was made with him for four years to work for my relative in the Kingdom. Only two years of the period have passed, and we discovered that he is transferring the amounts he receives to his country to build Hindu temples, and this is done continuously. When we learned of this, his sponsor said: He will deport him and end the agreement based on what he did in helping his religion against the Muslims. But one of the brothers mentioned to us the saying of Allah the Exalted:
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِA: It is obligatory for you to terminate the contract with this disbelieving worker and replace him with a trustworthy Muslim worker; because contracting with a Muslim involves mutual support and cooperation, and helping him in matters of his religion and worldly life, which becomes a cause for strengthening the Muslims against their enemies. Also, because it is not permissible to bring disbelievers into this Peninsula. As for contracting with disbelievers from polytheists and Zoroastrians and Jews and Christians and others, and keeping them among the Muslims - its harm is great and its danger is serious; because of the harms, trials, and evils that result from it, whose consequences are not good, as it facilitates for them to spread their beliefs and customs among the Muslims and influence them. Also, contracting with them is helping them in their falsehood, strengthening their economy, and executing their plots against the Muslims. It is authentic from the Prophet (peace and blessings be upon him) that he advised at his death to expel the disbelievers from the Arabian Peninsula . Al-Bukhari narrated in his Sahih, from the hadith of Ibn Abbas , and it includes:
Then he ordered them to do three things. He said, "Turn the pagans out of the 'Arabian Peninsula
وأوصى عند موته بثلاث: قال: أخرجوا المشركين من جزيرة العربon the earth, so He kept them for the sake of dire necessity. When the power of the Muslims grew strong and the necessity was removed,'Umar ibn al-Khattab(may Allah be pleased with him) during his caliphate fromthe Arabian Peninsulaentirely. And a contract for hiring a disbeliever worker is not permissible to continue in, nor is it obligatory to fulfill it until the end of its term, so it does not fall under the generality of the saying of Allah the Exalted:
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ
Source
www.alifta.gov.sa
The Arabic text is copied verbatim from the original source, without any edits.