Is it lawful for a person who employs foreign workers and takes twenty percent of their wages in exchange for sponsoring them, or is there a doubt in it?
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The questioner : Is it lawful for a person who employs foreign workers and takes twenty percent of their wages in exchange for sponsoring them, or is there a doubt in it?
The Shaykh : There is no doubt in this; it is forbidden.
First, because it contradicts the state's regulations, and anything that contradicts the state's regulations is forbidden, even if it is originally lawful. This is because Allah the Exalted has made it obligatory for us to obey those in authority in matters that are not forbidden. And if those in authority have established a regulation regarding employment, it is obligatory to follow it, as long as it is not forbidden in itself.
If that is the case, then this agreement between them must be canceled by him, and the entire wage should belong to them as payment for their work, and he should not take anything from them. Except, and I say this with reluctance, except if he intends to take only the amount he lost in traveling to their country and bringing them here. I may say, and I seek Allah's forgiveness if I am mistaken, that there is no harm in this, although I am hesitant about it. If people would only act according to what is obligatory regarding employment, much good would result.
But as we see, they have made the matter of employment a matter of trade. They bring them in and take taxes from them every month. They pay three hundred riyals or more or less while they are sleeping on their beds. And these poor people toil and perhaps do not get more than what is imposed upon them. So let a person fear Allah in himself, in his brothers, and in his government, and let him follow the regulations completely without any negligence.
The Shaykh : There is no doubt in this; it is forbidden.
First, because it contradicts the state's regulations, and anything that contradicts the state's regulations is forbidden, even if it is originally lawful. This is because Allah the Exalted has made it obligatory for us to obey those in authority in matters that are not forbidden. And if those in authority have established a regulation regarding employment, it is obligatory to follow it, as long as it is not forbidden in itself.
If that is the case, then this agreement between them must be canceled by him, and the entire wage should belong to them as payment for their work, and he should not take anything from them. Except, and I say this with reluctance, except if he intends to take only the amount he lost in traveling to their country and bringing them here. I may say, and I seek Allah's forgiveness if I am mistaken, that there is no harm in this, although I am hesitant about it. If people would only act according to what is obligatory regarding employment, much good would result.
But as we see, they have made the matter of employment a matter of trade. They bring them in and take taxes from them every month. They pay three hundred riyals or more or less while they are sleeping on their beds. And these poor people toil and perhaps do not get more than what is imposed upon them. So let a person fear Allah in himself, in his brothers, and in his government, and let him follow the regulations completely without any negligence.