What is the ruling on a private recruitment company taking a sum of money in exchange for employment, with a guarantee of refunding the amount or providing other opportunities in certain cases?
It is permissible for the recruiting entity to take a sum of money from job applicants, provided that the amount is refunded if they are not employed. This falls under the category of ju'alah (reward for a task) or (hiring/leasing), as the amount becomes due upon the completion of the work (which is successful employment); otherwise, it is refunded. Ad-Dardir pointed out that this is similar to chartering ships or a physician stipulating a cure, where the fee is not due until the work is completed. Scholars have differed on whether the contract is considered ijarah or ju'alah, but the main point is the validity of the contract, whether it is an ijarah for completing the work or a ju'alah.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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