Is it permissible to hire a non-Muslim for work if the Muslim demands a higher wage in exchange for his services?
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The questioner : Regarding the employment of non-Muslims; is it permissible to hire a non-Muslim for work in the case where the Muslim—of course, the Muslim by name—demands a higher wage in exchange for his services?
The Shaykh : If the service... or the question is unclear, does the questioner mean employing a non-Muslim from the state or from an individual Muslim? It appears from the question that it is from an individual Muslim.
If the matter is defined in this way, I say: there is no harm in a Muslim employing a non-Muslim because he is asking for a wage for his work that is less than the wage demanded by the Muslim worker; so there is no harm in my view for a Muslim, in this situation, to hire a disbeliever, as long as the work that this disbeliever will do is permissible Islamically. And if it is permissible for a disbeliever to hire a Muslim, or for a Muslim to hire himself out to a disbeliever, then it is even more permissible for a Muslim to hire a disbeliever for his material benefit, which Allah has made lawful for him.
It may be said: It is obligatory for Muslims to cooperate with one another, to help one another, and not to bring in among them someone who is not of them. We say: Yes, but cooperation must be shared between the maker and the one for whom it is made, and between the worker and the employer. It is not the case that one party bears the responsibility for the lack of cooperation. Just as it is said that the employer or the one hiring must not hire a non-Muslim, we say to him: likewise, the worker must not hire himself out to a non-Muslim, and he must not covet a wage higher than the wage of a non-Muslim, so as not to open the way for non-Muslim workers to take the place of Muslims.
This is what we must keep in mind in this regard, but with that, the entire inquiry is within the limits of permissibility; that is, it is permissible for a Muslim to... However, if this answer is for the purpose of clarifying that it is permissible according to the Shari'ah, it is not hidden that it is more preferable for a Muslim who is able to hire a Muslim to prefer him over the disbeliever, even if the wage of this Muslim is higher and more expensive than the wage of the disbeliever.
So there is a fatwa and there is piety. The fatwa is that it is permissible, and piety is that one does not hire the disbeliever and pays the Muslim the higher wage.
The Shaykh : If the service... or the question is unclear, does the questioner mean employing a non-Muslim from the state or from an individual Muslim? It appears from the question that it is from an individual Muslim.
If the matter is defined in this way, I say: there is no harm in a Muslim employing a non-Muslim because he is asking for a wage for his work that is less than the wage demanded by the Muslim worker; so there is no harm in my view for a Muslim, in this situation, to hire a disbeliever, as long as the work that this disbeliever will do is permissible Islamically. And if it is permissible for a disbeliever to hire a Muslim, or for a Muslim to hire himself out to a disbeliever, then it is even more permissible for a Muslim to hire a disbeliever for his material benefit, which Allah has made lawful for him.
It may be said: It is obligatory for Muslims to cooperate with one another, to help one another, and not to bring in among them someone who is not of them. We say: Yes, but cooperation must be shared between the maker and the one for whom it is made, and between the worker and the employer. It is not the case that one party bears the responsibility for the lack of cooperation. Just as it is said that the employer or the one hiring must not hire a non-Muslim, we say to him: likewise, the worker must not hire himself out to a non-Muslim, and he must not covet a wage higher than the wage of a non-Muslim, so as not to open the way for non-Muslim workers to take the place of Muslims.
This is what we must keep in mind in this regard, but with that, the entire inquiry is within the limits of permissibility; that is, it is permissible for a Muslim to... However, if this answer is for the purpose of clarifying that it is permissible according to the Shari'ah, it is not hidden that it is more preferable for a Muslim who is able to hire a Muslim to prefer him over the disbeliever, even if the wage of this Muslim is higher and more expensive than the wage of the disbeliever.
So there is a fatwa and there is piety. The fatwa is that it is permissible, and piety is that one does not hire the disbeliever and pays the Muslim the higher wage.
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
