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Sales Fatawa / An employee deceiving his sponsor.

An employee deceiving his sponsor.

publish date : 2016-03-24 | Views : 3276
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I agreed by a worker who is under someone’s sponsorship to legally terminate his contract with that sponsor and travel to his country after that then legally return under my sponsorship. What is the ruling on this?

إفساد أجير على كفيله

 

Praise be to Allah, and may Allah’s peace and blessings be upon the Messenger of Allah, his family and his companions.

To proceed:

This is not permissible because the Messenger of Allah (peace be on him) forbade a Muslim to violate another Muslim’s rights. This is evidenced by a hadith transmitted by Bukhari and Muslim on the authority of Abu Hurairah and Ibn ‘Amr (may Allah be pleased with them) who said that the Messenger of Allah (peace be on him) said: “A person should not enter into a transaction when his (Muslim) brother has already negotiated”.
This encompasses every monetary transaction including hiring of workers. Therefore, it is not permissible for a person to hire a worker that has already been hired by his brother. This is because this conforms to the meaning of what the Messenger of Allah (peace be on him) forbade. Another proof which supports the impermissibility of this is a hadith transmitted by Bukhari and Muslim on the authority of Anas who said that the Messenger of Allah (peace be on him) said: “None of you truly believes until he loves for his brother what he loves for himself.” This shows that anything that puts difficult and hardship to a Muslim if done to him, he should not do it to another Muslim. If you like this employee, then you should ask permission from his sponsor. May Allah guide us to what He loves and what pleases Him.

Your brother,

Dr. Khalid al-Mosleh

13 / 09 / 1424 AH

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