Ruling on a guarantor specifying a fixed amount to be paid by his workers from the profit and loss
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Ruling on a guarantor specifying a fixed amount to be paid by his workers from the profit and loss
Your Eminence! What is your opinion regarding one who brings workers from abroad and opens a commercial establishment for them, and they divide the work among themselves? The guarantor only strives to open the establishment and secure the work, while the workers engage in the work and generate the profit. They then pay the guarantor a fixed amount from the profit, which is stipulated for them, and they divide the remainder among the workers. It is known that the establishment's expenses and renewal fees, such as residence permits and matters related to government departments, are handed over to an office that completes them and takes responsibility for them at the workers' expense? May Allah reward you with good!
First: We say: Does the government permit such work? This is the first thing.
If it does not permit it, it is not permissible;Because Allah says: [Al-Nisa: 59] and we have a pledge of allegiance to the rulers in our necks to obey and listen, except if they order disobedience.
And the saying of some people: It is not for the state to prohibit what Allah has made lawful; because partnerships are permissible.
We say: This is correct, partnerships are permissible; but if the state sees it in the public interest that one who is not from the people of the country should not undertake this, considering the many problems that occur in it, as is the case now, how many people come to me complaining about their guarantors because of this, then obedience to it in that is obligatory.
So if the state permits it, considering the circumstances, we look at whether a known amount will be deducted from the profit, by saying: Each of you pays me a thousand riyals a month, or a hundred riyals a month, or ten riyals a month, and the rest of the profit is yours. If it is so, it is forbidden; because such a partnership is not permissible even among citizens.
And if he makes it a share of it, and he is the one who gives them the money and he is the one who manages the trade.
But these are the ones who directly engage in the work, so he gave them a share of it, a quarter of the profit or half of it or a third of it, the important thing is that he has a common share, they share in the profit and the loss, then there is nothing wrong with it.
So it becomes not permissible in two cases: The first case: If the government prohibits it, it is not permissible.
The second state: If he makes it a known amount, whether the profit increases or not, this is also not permissible.
The permissible is what combines two conditions: The first condition: That the government permits it.
And the second condition: That his share be a common share, like a third or a quarter or the like, so that he and the workers share in the profit and the loss.
This is after we all know that the funds and facing the government and others are upon whom? Upon the guarantor. The guarantor is the one who gives them the money and the profit is between them; because this is a type of mudarabah, and mudarabah is permissible, yes.
Your Eminence! What is your opinion regarding one who brings workers from abroad and opens a commercial establishment for them, and they divide the work among themselves? The guarantor only strives to open the establishment and secure the work, while the workers engage in the work and generate the profit. They then pay the guarantor a fixed amount from the profit, which is stipulated for them, and they divide the remainder among the workers. It is known that the establishment's expenses and renewal fees, such as residence permits and matters related to government departments, are handed over to an office that completes them and takes responsibility for them at the workers' expense? May Allah reward you with good!
First: We say: Does the government permit such work? This is the first thing.
If it does not permit it, it is not permissible;Because Allah says:
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 مِنْكُمْAnd the saying of some people: It is not for the state to prohibit what Allah has made lawful; because partnerships are permissible.
We say: This is correct, partnerships are permissible; but if the state sees it in the public interest that one who is not from the people of the country should not undertake this, considering the many problems that occur in it, as is the case now, how many people come to me complaining about their guarantors because of this, then obedience to it in that is obligatory.
So if the state permits it, considering the circumstances, we look at whether a known amount will be deducted from the profit, by saying: Each of you pays me a thousand riyals a month, or a hundred riyals a month, or ten riyals a month, and the rest of the profit is yours. If it is so, it is forbidden; because such a partnership is not permissible even among citizens.
And if he makes it a share of it, and he is the one who gives them the money and he is the one who manages the trade.
But these are the ones who directly engage in the work, so he gave them a share of it, a quarter of the profit or half of it or a third of it, the important thing is that he has a common share, they share in the profit and the loss, then there is nothing wrong with it.
So it becomes not permissible in two cases: The first case: If the government prohibits it, it is not permissible.
The second state: If he makes it a known amount, whether the profit increases or not, this is also not permissible.
The permissible is what combines two conditions: The first condition: That the government permits it.
And the second condition: That his share be a common share, like a third or a quarter or the like, so that he and the workers share in the profit and the loss.
This is after we all know that the funds and facing the government and others are upon whom? Upon the guarantor. The guarantor is the one who gives them the money and the profit is between them; because this is a type of mudarabah, and mudarabah is permissible, yes.