Q: One of my kinfolks has an Indian servant who is a Sikh. In other words, he is a disbeliever. He is hired to work for four years with my relative in the Kingdom of Saudi Arabia. Only two years passed from the period of the contract but we discovered that he continuously transfers the sums he gets to his home for constructing temples there in India. Upon knowing that, his master said that he will dismiss him and cause him to leave after he knew about his support of disbelief against Islam. However, a brother reminded us of Allah's (Exalted be He) saying: (Part No. 14; Page No. 388)
O you who believe! Fulfil (your) obligations.
Please advise us in this regard. May Allah preserve and safeguard you.
A:
You should terminate the contract of this disbeliever and recruit a trustworthy Muslim instead. Recruiting a Muslim is a form of support and solidarity that helps him in his religion and life. This is a way to strengthen Muslims against their enemies. Furthermore, it is impermissible to hire disbelievers and bring them to the Arabian Peninsula.
Recruiting disbelievers, such as idolaters, Magi,
Jews,
Christians, and others to wok and live among the Muslims, brings about grave ham and consequent corruption, evils and temptations and the expected negative effects. It is easy for them to impart their disbeliefs and traditions among Muslims, which may affect them. Recruiting them is a way of helping their falsehood and supporting their economy, thus achieving their plots against the Muslims. It is authentically reported from the Prophet (peace be upon him) that he commanded Muslims to cause the disbelievers to leave
the Arabian Peninsula.
It is related by
Al-Bukhari in his Sahih Book of Hadith
from
Ibn `Abbas that
he, i.e. the Prophet, on his death-bed, gave three orders (including): "Expel the pagans from
the Arabian Peninsula..."
That is why the Prophet (peace be upon him) expelled
the Jews from
Al-Madinah and prevented them from living there. He caused them to leave to
Khaybar. Upon the conquest of
Khaybar, he was about to expel the remaining Jews, whom he left to work in
Khaybar but they asked him to remain for (Part No. 14; Page No. 389) the purpose of cultivation. Therefore, the Prophet (peace be upon him) left them for this purpose. When the Muslims became strong and there was no more need,
`Umar ibn Al-Khattab (may Allah be pleased with him) expelled them from
the Arabian Peninsula during his reign. Thus, it is impermissible to retain a work contract with a disbeliever. You are not obliged to fulfill the contract until its end. This is not included in the generality of Allah's (Exalted be He) saying:
O you who believe! Fulfil (your) obligations.
This is not applied to this case as some may wrongly think, such as those who told you. The Ayah (Qur'anic verse) means that it is obligatory to fulfill your obligations with Allah (Exalted be He) and with people. The contracts made with Allah (Exalted be He) are like religious obligations. Contracts with people are the lawful ones according to the Book of Allah and the Sunnah (whatever is reported from the Prophet) of His Prophet (peace be upon him). A contract that contradicts the Qur'an and Sunnah is illegal and thus, no one should make or fulfill them. May Allah grant us success. May Allah's Peace and Blessings be upon Prophet Muhammad, his family and Companions.
Someone hiring an al...
