Is there a word for those who bring in workers and then tell them, "Go and work in any job, and I want 300 riyals from you every month, or a percentage"?
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The Shaykh : Give it in charity to a poor person, give it in charity to a young man who needs to get married, contribute with it to the construction of any mosque, or the like of that, and by this your conscience is cleared. Yes.
The questioner : A man has a debt of one thousand and five hundred...
The Shaykh : Yes
The questioner : A man has a debt of one thousand and five hundred...
The Shaykh : He gives it in charity.
The questioner : ...
The Shaykh : But he is asking about himself. Yes.
The questioner : He says, "May the Shaykh be honored, is there a word to those who bring in workers and then tell them, 'Go and work in any job, and I want 300 riyals from you every month, or a specific percentage'? I ask you to elaborate on that. May Allah guide you."
The Shaykh : Yes, it is obligatory for one who brings in workers to comply with the regulations in his country, because he submitted an application to bring in these workers and he knows the conditions of the regulations. So, by submitting the application, he has committed to the conditions in this regulation. And Allah, Blessed and Exalted is He, said:[Al-Ma'idah 5:1] So you must fulfill your obligation to your country according to what it has authorized for you. If the regulation prohibits you from employing this worker with a share of the wage he earns, or from letting him work as he pleases and imposing a tax on him every month, if the regulation prohibits this, you must refrain from it, even if originally, were it not for the regulation, it would have been permissible. It is obligatory for you to follow the regulation. Our being bound by the regulation is not making obligatory what Allah has not made obligatory, absolutely not. Rather, our being bound by the regulation is being bound by what Allah has made obligatory, because Allah, Glorified and Exalted is He, said: [Al-Baqarah 2:104] What is it? [An-Nisa 4:59] And the Prophet (peace and blessings be upon him) commanded obedience to those in authority as long as they do not command disobedience. And were it not for this, the regulation would have no benefit. That is to say, if it were not obligatory to comply with the regulation when it does not contradict the Shari'ah, meaning when it is not disobedience, the regulation would have no benefit. If we said that obedience to those in authority is not obligatory except in what Allah has commanded, the reality of the matter is that their obedience is not obligatory, because what Allah has commanded as obligatory is obligatory whether those in authority command it or not. And if we said that every person sees that this regulation is not obligatory to follow, affairs would become chaotic, and there would be no security, stability, or tranquility for people. And what I know is that the state's regulation regarding the bringing in of workers does not permit you to employ them for a percentage, nor does it permit you to say, "Go, you are free, and bring me so much and so much every month." As for the Shari'ah, if you tell a person, "Go and work and manage for me so much and so much every month," it is not permissible, because he might earn much more than what you estimated, or he might earn less, or he might earn nothing. This would be an unknown transaction, and it is gambling, because it is based on chance: either he profits or he loses. And every contract that is like this is gambling.
As for saying, "Go and work for a share," the one who has made the share permissible for you, while you have not worked, is free to do with his own money as he pleases. So how can he work with his own self and be subject to a tax of a third or a quarter, while you have done nothing? This is consuming wealth by falsehood. Yes.
The questioner : A man has a debt of one thousand and five hundred...
The Shaykh : Yes
The questioner : A man has a debt of one thousand and five hundred...
The Shaykh : He gives it in charity.
The questioner : ...
The Shaykh : But he is asking about himself. Yes.
The questioner : He says, "May the Shaykh be honored, is there a word to those who bring in workers and then tell them, 'Go and work in any job, and I want 300 riyals from you every month, or a specific percentage'? I ask you to elaborate on that. May Allah guide you."
The Shaykh : Yes, it is obligatory for one who brings in workers to comply with the regulations in his country, because he submitted an application to bring in these workers and he knows the conditions of the regulations. So, by submitting the application, he has committed to the conditions in this regulation. And Allah, Blessed and Exalted is He, said:
O you who have believed, fulfill [all] contracts.
يَاأَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِO you who have believed
يَاأَيُّهَا الَّذِينَ آمَنُواobey Allah and obey the Messenger and those in authority among you
أَطِيعُوا اللَّهَ وَأَطِيعُوا الرَّسُولَ وَأُولِي الْأَمْرِ مِنْكُمْAs for saying, "Go and work for a share," the one who has made the share permissible for you, while you have not worked, is free to do with his own money as he pleases. So how can he work with his own self and be subject to a tax of a third or a quarter, while you have done nothing? This is consuming wealth by falsehood. Yes.