And we have, O Shaykh, some owners of companies and institutions who use some laborers to work for them and write a nominal contract between them for the authorities.
Machine translationRead the Arabic original
The questioner : And we have, O Shaykh, some owners of companies and institutions who use some laborers to work for them and write a nominal contract between them for the official authorities, such that the worker works for the owner of the institution for a certain amount, and its value is determined at the end of the month. So when the worker comes, for example, from his country, the situation reverses. The worker goes and does not find work with the owner of the institution, so he goes to look for work himself and pays a percentage of money to the owner of this institution monthly, at a value agreed upon by the two parties. And this may mean that this work is the opposite of the first situation, which may have been agreed upon, or it may not have been agreed upon. I mean, the worker may be informed before he comes, because the nominal contract for the official authorities is not intended to be acted upon, but the intention is the opposite of that.
The Shaykh : That he benefits.
The questioner : He benefits, yes, such that the owner of the institution, or more or less, and they pay him a percentage, for example, three hundred riyals, four hundred riyals, two hundred riyals, and he benefits every month fifteen thousand or otherwise, I do not know. What is your opinion of this work? Is it permissible?
The Shaykh : I do not think it is permissible for two reasons: one of which we are certain of, and the other we suspect and are convinced of from you. The first we are certain of, and the other we suspect and are convinced of from you, or we deny it—in the name of Allah. As for the first, which we are certain of, it is because it falls under the category of:[Al-Baqarah 2:188] Especially since this consumption is based on contradicting the principle of Islamic brotherhood, and it is not permissible to differentiate between a Saudi Muslim and a non-Saudi Muslim, because all Muslims are brothers and all are sincere. So when the owner of the company wants to be a true Muslim, and as He—Exalted is He—said in the well-known verse: [Al-Hujurat 49:13] If the owner of the company wants to be chosen by Allah—Mighty and Majestic—then that is by being more pious before Allah than others. How is it that he is not pious here, let alone more pious? He exploits the need of his Muslim brother because he is poor, because he is in need, indeed because he is compelled to work, even if he has to give up, against his will, a large or small portion of his earnings. This is what I am certain of. As for what I suspect and am now convinced of from you, and you are people of the country and know the system of that country, what I suspect is that this is not recognized as a system of the state. I suspect this. So now, either you join your voice to my voice, or you say that this system is approved and sanctioned by the state. What is your opinion?
The questioner : How, O Shaykh, I mean.
The Shaykh : I mean, I am the owner of the company, and every year I bring in, as I said, fifty workers from different countries, and I take from each of them monthly such and such. So the ruler either knows what I am doing and sanctions this as a system and law, or he does not know. So I suspect that he does not know and it is not established as a system. So I ask you for your knowledge: what is it?
The questioner : The ruler does not know about this.
The Shaykh : That is it. So your suspicion is my suspicion. So my first certainty is coupled with my second certainty. So I say: It is not permissible, because it is contrary to the system of the ruler in that country.
The questioner: Yes.
The Shaykh: Is it clear?
The questioner : Is that clear?
The Shaykh : Fine, that is all I have.
The questioner : May Allah bless you.
The Shaykh : May Allah bless you. Anything else? Come on, if you run out of questions, we will say, "Open up."
The Shaykh : That he benefits.
The questioner : He benefits, yes, such that the owner of the institution, or more or less, and they pay him a percentage, for example, three hundred riyals, four hundred riyals, two hundred riyals, and he benefits every month fifteen thousand or otherwise, I do not know. What is your opinion of this work? Is it permissible?
The Shaykh : I do not think it is permissible for two reasons: one of which we are certain of, and the other we suspect and are convinced of from you. The first we are certain of, and the other we suspect and are convinced of from you, or we deny it—in the name of Allah. As for the first, which we are certain of, it is because it falls under the category of:
do not consume one another's wealth unjustly
لَا تَأْكُلُوا أَمْوَالَكُمْ [ بَيْنَكُمْ ] بِالْبَاطِلِO mankind, indeed We have created you from male and female and made you peoples and tribes that you may know one another. Indeed, the most noble of you in the sight of Allah is the most righteous of you
يَا أَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُمْ مِنْ ذَكَرٍ وَأُنْثَى وَجَعَلْنَاكُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُوا إِنَّ أَكْرَمَكُمْ عِنْدَ اللَّهِ أَتْقَاكُمْThe questioner : How, O Shaykh, I mean.
The Shaykh : I mean, I am the owner of the company, and every year I bring in, as I said, fifty workers from different countries, and I take from each of them monthly such and such. So the ruler either knows what I am doing and sanctions this as a system and law, or he does not know. So I suspect that he does not know and it is not established as a system. So I ask you for your knowledge: what is it?
The questioner : The ruler does not know about this.
The Shaykh : That is it. So your suspicion is my suspicion. So my first certainty is coupled with my second certainty. So I say: It is not permissible, because it is contrary to the system of the ruler in that country.
The questioner: Yes.
The Shaykh: Is it clear?
The questioner : Is that clear?
The Shaykh : Fine, that is all I have.
The questioner : May Allah bless you.
The Shaykh : May Allah bless you. Anything else? Come on, if you run out of questions, we will say, "Open up."
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
