Is it permissible for an employer to obligate his workers with a contract that burdens them with financial costs—such as residency renewal fees and exit and re-entry visas—which violate what is stipulated in the country's labor law?
If the law obliges the employer to pay costs to the workers for their benefit, then it must be adhered to in obedience to the ruler. However, if it involves injustice to the employer, then it is not obligatory to adhere to it, unless non-compliance leads to a preponderant harm. There is no blame on the employer if the worker willingly waives his right, for the Prophet, peace and blessings be upon him, said: "The wealth of a Muslim person is not lawful except with his willing consent." But if the employer commits to this condition and contracts with the workers upon it, then he is not allowed to violate it, for the Prophet, peace and blessings be upon him, said: "Muslims are bound by their conditions."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 82386
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
- Read the full ruling
- Read the full answer on Ftawy