Ruling on Recruiting Workers and Forcing Them to Pay a Percentage of Their Income
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What is the ruling on one who agrees with workers to open a restaurant for them or bring them a taxi, and demands a specific amount from them every month? He says, for example, "I cannot leave the matter to them because they might steal from me, and I cannot keep track of their accounts; but I stipulate a specific amount each month that they must pay me?"
The workers have a specific system with the government: The system for them is that they pay a monthly fee, so employing them on a percentage basis is a departure from the system, and departing from the system that was agreed upon is forbidden;Because Allah says: [Al-Isra: 34] .
And Allah, Mighty and Majestic, says: [Al-Ma'idah: 1] .
But if you want to be safe from their negligence and laxity in work, give them a percentage of what they produce in their work,For example: if they are skilled,You tell them: you have your monthly salary -the monthly wage- and you have so many dirhams for every meter,Or if they are, for example: for blacksmiths: you have so much for the meter,And if they are, for example: for electricians: you have so much for the meter, you have so much for every switch, for every light bulb, in addition to their wages, so by this you are safe from their negligence and they will be diligent in the work; because they want this extra,And as for saying: give me so much, and you relax them, this is not permissible.
First: It is contrary to the state's system.
Second: Perhaps they will not obtain what you imposed on them, or they will only obtain a slight excess, or they will obtain a lot more than you expected, and you will regret it,You say: wishing you had set it at three hundred instead of two hundred.
So the important thing is that this work is forbidden, and it is actually very, very problematic; because some people have started to trade in it -seeking refuge in Allah- they bring many workers and impose on them monthly to pay him two hundred or three hundred riyals and leave them, this is forbidden; forbidden from the perspective of the Shari'ah, and forbidden from the perspective of the system.
From the perspective of the Shari'ah: Because you impose on them something they may not be able to afford.
And from the perspective of the system: Because this is contrary to the state's system without a doubt.
The questioner: And if he says, for example: "I rented this car, so I demand a thousand, as if I rented it for a thousand, and the restaurant likewise, I equipped it completely with machines, and I want to rent it, for example, for five hundred, what is the ruling?"The Shaykh: This is prohibited in the system, it cannot be done.
The questioner: And if he did it, for example, is this forbidden?The Shaykh: Yes, it is forbidden,And I say: do not take the system lightly, the state's system, if it does not contradict the Shari'ah, is part of the Shari'ah; not because Allah legislated it; but because Allah commanded us to obey the rulers in other than disobedience: [An-Nisa: 59] , and if the state enacts a law, if it contradicts the Shari'ah, it is thrown against the wall, and it is not permissible for us to implement it; but we advise the state to amend it, but if it does not contradict the Shari'ah, and the state sees it in the public interest to enact this law, then it is obligatory to implement it, not because this is from the Shari'ah; but Allah commanded obedience to the rulers, and whoever thinks that the rulers are not to be obeyed except in what Allah has legislated has erred; because what Allah has legislated, we are commanded to do whether they command us or not, so Allah commanding us to obey the rulers is in addition to obeying Allah and His Messenger, meaning that this is in what they have enacted and does not contradict the command of Allah and His Messenger.
As for what is prescribed without their enactment of it from the obligations, this is obligatory upon us whether they command us or not, rather, if they forbade it, we would not obey their command, if they forbade what Allah commanded, we would not stop; but we do not confront them, rather we do it secretly so that there is no confrontation and opposition to the state.
The workers have a specific system with the government: The system for them is that they pay a monthly fee, so employing them on a percentage basis is a departure from the system, and departing from the system that was agreed upon is forbidden;Because Allah says:
And fulfill [every] commitment. Indeed, the commitment is ever [that about which one will be] questioned.
وَأَوْفُوا بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْؤُولاًAnd Allah, Mighty and Majestic, says:
O you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِBut if you want to be safe from their negligence and laxity in work, give them a percentage of what they produce in their work,For example: if they are skilled,You tell them: you have your monthly salary -the monthly wage- and you have so many dirhams for every meter,Or if they are, for example: for blacksmiths: you have so much for the meter,And if they are, for example: for electricians: you have so much for the meter, you have so much for every switch, for every light bulb, in addition to their wages, so by this you are safe from their negligence and they will be diligent in the work; because they want this extra,And as for saying: give me so much, and you relax them, this is not permissible.
First: It is contrary to the state's system.
Second: Perhaps they will not obtain what you imposed on them, or they will only obtain a slight excess, or they will obtain a lot more than you expected, and you will regret it,You say: wishing you had set it at three hundred instead of two hundred.
So the important thing is that this work is forbidden, and it is actually very, very problematic; because some people have started to trade in it -seeking refuge in Allah- they bring many workers and impose on them monthly to pay him two hundred or three hundred riyals and leave them, this is forbidden; forbidden from the perspective of the Shari'ah, and forbidden from the perspective of the system.
From the perspective of the Shari'ah: Because you impose on them something they may not be able to afford.
And from the perspective of the system: Because this is contrary to the state's system without a doubt.
The questioner: And if he says, for example: "I rented this car, so I demand a thousand, as if I rented it for a thousand, and the restaurant likewise, I equipped it completely with machines, and I want to rent it, for example, for five hundred, what is the ruling?"The Shaykh: This is prohibited in the system, it cannot be done.
The questioner: And if he did it, for example, is this forbidden?The Shaykh: Yes, it is forbidden,And I say: do not take the system lightly, the state's system, if it does not contradict the Shari'ah, is part of the Shari'ah; not because Allah legislated it; but because Allah commanded us to obey the rulers in other than disobedience:
O you who have believed, obey Allah and obey the Messenger and those in authority among you
يَا أَيُّهَا الَّذِينَ آمَنُوا أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْAs for what is prescribed without their enactment of it from the obligations, this is obligatory upon us whether they command us or not, rather, if they forbade it, we would not obey their command, if they forbade what Allah commanded, we would not stop; but we do not confront them, rather we do it secretly so that there is no confrontation and opposition to the state.