What is the ruling if a guarantor demands a specific percentage from those he guarantees?
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The questioner : He says: What is the ruling if a person agrees with workers to open a restaurant or a taxi, and demands a monthly fee of a specific amount? 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 that they must pay me every month."
The Shaykh : The workers have a specific system with the government, which is that they receive a monthly salary. Employing them in this manner is a departure from the system, and departing from the system to which you have signed is forbidden, because Allah says:[Al-Isra 17:34] And the Exalted and Majestic says: [Al-Ma'idah 5:1]
But if you want to be safe from their evil and their negligence in work, give them a percentage of what they produce. For example, if they are masons, you tell them: "You have your monthly salary, and you get so many dirhams for every meter." Or if they are, for example, plumbers, you get so many for every meter. If they are, for example, electricians, you get so many for every meter, so many for every switch, so many for every light bulb, in addition to their wages. This way you are safe from their evil, and they will be diligent in their work because they want this extra.
As for saying, "Give me so much and so much," and you hire them and then dismiss them, this is not permissible. First, it is contrary to the state's system. Second, they may not obtain what you imposed on them, or they may obtain only a slight excess, or they may obtain a great deal more than you expected, and you will regret it, saying, "I wish I had set it at three hundred instead of two hundred."
So the important point is that this work is forbidden, and it is actually a very, very big problem, because some people, may Allah protect us from that, have turned it into a trade. They bring in many workers and take a percentage from them. They do not take a percentage; they impose two hundred or three hundred riyals every month and dismiss them. This is forbidden, forbidden from the standpoint of the Shari'ah, and forbidden from the standpoint of the system.
From the standpoint of the Shari'ah: because you impose on them something they may not be able to afford. From the standpoint of the system: because this is contrary to the state's system, without a doubt. Yes, that is right.
The questioner : And if he says, "Its rent, O Shaykh," he says, for example, "This car, I am asking them for a thousand, as if I rented it to them. This restaurant, with its equipment, I prepared it completely and I rent it to them, for example, for five."
The Shaykh : This is prohibited by the system. You cannot rent to a foreigner.
The questioner : If he did it, for example, do we say it is forbidden?
The Shaykh : It is forbidden. Yes, we say it is forbidden. 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 it is from the Shari'ah, but because Allah commanded us to obey the rulers in other than disobedience[An-Nisa 4:59].
If the state legislates a law that contradicts the Shari'ah, we throw it against the wall, and it is not permissible for us to implement it. But we advise the state to amend it. However, if it does not contradict the Shari'ah, and the state sees it in the public interest to legislate this law, then it is obligatory to implement it. Not because this is from the Shari'ah, but because Allah commanded us to obey 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 to do it 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 legislated that does not contradict the command of Allah and His Messenger. As for what is legislated without their legislating it, this is obligatory upon us whether they command us to do it or not. Indeed, if they forbid us from what Allah has commanded, we do not stop, but we do not confront them. Rather, we do it in secret so that there is no confrontation or opposition to the state. Yes, that is all. Ah.
The questioner : There are some questions from the brothers.
The Shaykh : Okay, yes.
The questioner : For example, I have.
The Shaykh : I think this is before giving the brother.
The Shaykh : The workers have a specific system with the government, which is that they receive a monthly salary. Employing them in this manner is a departure from the system, and departing from the system to which you have signed 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 مَسْؤُولاًO you who have believed, fulfill [all] contracts.
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِBut if you want to be safe from their evil and their negligence in work, give them a percentage of what they produce. For example, if they are masons, you tell them: "You have your monthly salary, and you get so many dirhams for every meter." Or if they are, for example, plumbers, you get so many for every meter. If they are, for example, electricians, you get so many for every meter, so many for every switch, so many for every light bulb, in addition to their wages. This way you are safe from their evil, and they will be diligent in their work because they want this extra.
As for saying, "Give me so much and so much," and you hire them and then dismiss them, this is not permissible. First, it is contrary to the state's system. Second, they may not obtain what you imposed on them, or they may obtain only a slight excess, or they may obtain a great deal more than you expected, and you will regret it, saying, "I wish I had set it at three hundred instead of two hundred."
So the important point is that this work is forbidden, and it is actually a very, very big problem, because some people, may Allah protect us from that, have turned it into a trade. They bring in many workers and take a percentage from them. They do not take a percentage; they impose two hundred or three hundred riyals every month and dismiss them. This is forbidden, forbidden from the standpoint of the Shari'ah, and forbidden from the standpoint of the system.
From the standpoint of the Shari'ah: because you impose on them something they may not be able to afford. From the standpoint of the system: because this is contrary to the state's system, without a doubt. Yes, that is right.
The questioner : And if he says, "Its rent, O Shaykh," he says, for example, "This car, I am asking them for a thousand, as if I rented it to them. This restaurant, with its equipment, I prepared it completely and I rent it to them, for example, for five."
The Shaykh : This is prohibited by the system. You cannot rent to a foreigner.
The questioner : If he did it, for example, do we say it is forbidden?
The Shaykh : It is forbidden. Yes, we say it is forbidden. 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 it is from the Shari'ah, 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 مِنْكُمْIf the state legislates a law that contradicts the Shari'ah, we throw it against the wall, and it is not permissible for us to implement it. But we advise the state to amend it. However, if it does not contradict the Shari'ah, and the state sees it in the public interest to legislate this law, then it is obligatory to implement it. Not because this is from the Shari'ah, but because Allah commanded us to obey 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 to do it 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 legislated that does not contradict the command of Allah and His Messenger. As for what is legislated without their legislating it, this is obligatory upon us whether they command us to do it or not. Indeed, if they forbid us from what Allah has commanded, we do not stop, but we do not confront them. Rather, we do it in secret so that there is no confrontation or opposition to the state. Yes, that is all. Ah.
The questioner : There are some questions from the brothers.
The Shaykh : Okay, yes.
The questioner : For example, I have.
The Shaykh : I think this is before giving the brother.