What is the ruling on labor recruitment agencies bringing in workers from abroad in exchange for taking money from them for this service?
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The Shaykh : Please go ahead.
The questioner : A person has a labor recruitment agency that brings in workers from abroad, but he takes a sum of money in exchange for bringing in this worker. The benefit for the worker is very great; that is, even if he pays a sum and comes here and works, his benefit is such that it cannot be compared to the harm involved in taking the money.
So, is this permissible for the agency owner to take a sum from the worker in exchange for bringing the worker in, where he receives salaries and his situation improves, and so on?
The Shaykh : Yes.
First: We advise recruitment agencies not to recruit anyone but Muslims. This is one point: do not recruit disbelievers, neither from the Christians nor from others, because the Messenger of Allah (peace and blessings be upon him) said:Jami` at-Tirmidhi 1606Sahih (Darussalam) And he said in the illness of his death: Sunan Abi Dawud 3029Sahih (Al-Albani) And he said: Sahih Muslim 1767a All of these are authentic hadiths.
And where will we stand when we are brought before Allah (Mighty and Majestic), having recruited these armies and great multitudes of non-Muslims into lands where Islam grew up, which is the abode of Islam first and last, and the abode of faith?
It returns to Medina, meaning it goes back, just as a snake returns to its hole. So our lands are the origin of Islam and the return of Islam. Then the Messenger of Allah (peace and blessings be upon him) informed us when he said:Sunan Abi Dawud 4249 They said, "Will we perish while there are righteous people among us?" He said: Muwatta Malik 56:22 And who are the evil ones? Do you not read the Qur'an, O people? [At-Tawbah 9:28] Every one other than a Muslim is impure.
So if the evil ones increase, whether from the workers or from the work, the people will perish. So my advice to recruitment agencies is not to recruit anyone but a Muslim. They might say that the expertise lies with the disbelievers and we do not find a Muslim man specialized in this work, meaning one who masters it. We say, if we estimate this, why would a worker come in agriculture, a worker come to be a shepherd, a worker come to be in the municipal cleaning? Do Muslims know this? I ask you, does a Muslim not know this and not know that? He knows.
The questioner : The owners of shops, some of them work.
The Shaykh : Be patient in any case. This is my advice to the recruiters, and let them know that Allah will question them on the Day of Resurrection about what they did contrary to His Shari'ah.
Second: Do not recruit unless there is a need, a clear need, for this worker. But unfortunately, the recruitment of workers now has become a trade. One person brings in workers exceeding his need by many times, and he holds them in the market and takes a tax from them, so much and so much every month. And this is forbidden, forbidden by the Shari'ah, contrary to the state's regulations.
As for if the conditions are met:
A Muslim, and to the extent of the need, and taking something from him for his recruitment. If it turns out he is not suitable and he is returned, he gives back what he took, then there is no harm, because here it is known that there will be a three-month trial period between the worker and the recruiter.
So if, when the worker is not suitable, he gives back what he took, I hope there is no harm in that. But if he does not return it, this means that he has profited and the worker has lost. The poor man may sell what he has, as they say, in order to give the amount requested by the recruiter, then he sits for a month or two and is told, "Go back, you have nothing."
And I add to this: that some sponsors overwork the sponsored workers, they overwork them, and they take from them the work agreed upon between them, or perhaps more, and do not give them their wages.
Often workers come to us crying, not being given wages, dying of hunger, and being put in old houses, with dozens crammed into a house that can only hold half of them. And this is forbidden for them, forbidden for them. Allah the Exalted said in the Holy Hadith:Sahih al-Bukhari 2270.
So my advice to the sponsors is to fear Allah the Exalted regarding these poor people, and to give them their right, and not to burden them with more than what was agreed upon in the contract. And let them know that the world changes, so perhaps one day they will be like these workers, going to their countries due to poverty, as has happened before.
People used to go to India, to the Levant, and to Iraq due to poverty. Is it not possible for this situation to return? Answer me, yes, it is possible for it to return. Allah is capable of all things. If Allah has blessed us with this blessing now, and praise be to Allah, if we do not give thanks for it, it will be removed.[Ibrahim 14:7]
The questioner : A person has a labor recruitment agency that brings in workers from abroad, but he takes a sum of money in exchange for bringing in this worker. The benefit for the worker is very great; that is, even if he pays a sum and comes here and works, his benefit is such that it cannot be compared to the harm involved in taking the money.
So, is this permissible for the agency owner to take a sum from the worker in exchange for bringing the worker in, where he receives salaries and his situation improves, and so on?
The Shaykh : Yes.
First: We advise recruitment agencies not to recruit anyone but Muslims. This is one point: do not recruit disbelievers, neither from the Christians nor from others, because the Messenger of Allah (peace and blessings be upon him) said:
expel the Jews and the Christians from the Arabian Peninsula
أخرجوا اليهود والنصارى من جزيرة العربExpel the polytheists from Arabia
أخرجوا المشركين من جزيرة العربI will expel the Jews and Christians from the Arabian Peninsula and will not leave any but Muslim.
لأخرجن اليهود والنصارى من جزيرة العرب حتى لا أدع إلا مسلماAnd where will we stand when we are brought before Allah (Mighty and Majestic), having recruited these armies and great multitudes of non-Muslims into lands where Islam grew up, which is the abode of Islam first and last, and the abode of faith?
It returns to Medina, meaning it goes back, just as a snake returns to its hole. So our lands are the origin of Islam and the return of Islam. Then the Messenger of Allah (peace and blessings be upon him) informed us when he said:
Woe to Arabs because of evil which has drawn near
ويل للعرب من شر قد اقتربYes, if there is much wickedness.
نعم إذا كثر الخبثindeed the polytheists are unclean
إنما المشركون نجسSo if the evil ones increase, whether from the workers or from the work, the people will perish. So my advice to recruitment agencies is not to recruit anyone but a Muslim. They might say that the expertise lies with the disbelievers and we do not find a Muslim man specialized in this work, meaning one who masters it. We say, if we estimate this, why would a worker come in agriculture, a worker come to be a shepherd, a worker come to be in the municipal cleaning? Do Muslims know this? I ask you, does a Muslim not know this and not know that? He knows.
The questioner : The owners of shops, some of them work.
The Shaykh : Be patient in any case. This is my advice to the recruiters, and let them know that Allah will question them on the Day of Resurrection about what they did contrary to His Shari'ah.
Second: Do not recruit unless there is a need, a clear need, for this worker. But unfortunately, the recruitment of workers now has become a trade. One person brings in workers exceeding his need by many times, and he holds them in the market and takes a tax from them, so much and so much every month. And this is forbidden, forbidden by the Shari'ah, contrary to the state's regulations.
As for if the conditions are met:
A Muslim, and to the extent of the need, and taking something from him for his recruitment. If it turns out he is not suitable and he is returned, he gives back what he took, then there is no harm, because here it is known that there will be a three-month trial period between the worker and the recruiter.
So if, when the worker is not suitable, he gives back what he took, I hope there is no harm in that. But if he does not return it, this means that he has profited and the worker has lost. The poor man may sell what he has, as they say, in order to give the amount requested by the recruiter, then he sits for a month or two and is told, "Go back, you have nothing."
And I add to this: that some sponsors overwork the sponsored workers, they overwork them, and they take from them the work agreed upon between them, or perhaps more, and do not give them their wages.
Often workers come to us crying, not being given wages, dying of hunger, and being put in old houses, with dozens crammed into a house that can only hold half of them. And this is forbidden for them, forbidden for them. Allah the Exalted said in the Holy Hadith:
I will be an opponent to three types of people on the Day of Resurrection: -1. One who makes a covenant in My Name, but proves treacherous; -2. One who sells a free person and eats his price; and -3. One who employs a laborer and takes full work from him but does not pay him for his lab our.
ثلاثة أنا خصمهم يوم القيامة رجل أعطى بي ثم غدر ، ورجل باع حرا وأكل ثمنه ، ورجل استأجر أجيرا فاستوفى منه ولم يعطه أجرهSo my advice to the sponsors is to fear Allah the Exalted regarding these poor people, and to give them their right, and not to burden them with more than what was agreed upon in the contract. And let them know that the world changes, so perhaps one day they will be like these workers, going to their countries due to poverty, as has happened before.
People used to go to India, to the Levant, and to Iraq due to poverty. Is it not possible for this situation to return? Answer me, yes, it is possible for it to return. Allah is capable of all things. If Allah has blessed us with this blessing now, and praise be to Allah, if we do not give thanks for it, it will be removed.