What is the ruling on the money taken by the "sayes" (car attendant/parker) in Egypt in exchange for parking cars in a public place, whether what he takes is given willingly, or without authorization, or with authorization, and is it a condition to agree upon the amount beforehand?
It appears that a person working without a license from the state, who is not an employee or a volunteer, should have their work governed by a valid Islamic lease contract (ijara). This requires mutual consent and a benefit for the lessee, such as guarding or cleaning a car; otherwise, it would be consuming wealth unlawfully. Simply exploiting a public place does not necessitate payment. If the car owner gives them something willingly, as charity or a gift, there is no harm. In a valid Islamic lease, the rent must be known through agreement or custom. If the worker provides a recognized service, such as cleaning the car with the owner's permission, or if custom dictates it, they are entitled to a customary wage (ujrat al-mithl) if they have not agreed on a specified wage. However, if they have not agreed on the work, and custom does not dictate it, then no wage is due.
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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