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The question

What is the ruling on the wage received by an applicant from another employee for performing the work assigned to the original employee, given that the applicant is aware that the company is unaware of this agreement?

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Source: FtawySummary from Ftawy's records · added here Sep 2, 20261 min readAlso available in العربية
The answer

It appears that an employee's work outside of their official working hours makes them a common employee, not a private one. A common employee is permitted to hire someone else to perform the required work without the employer's knowledge, unless it was stipulated that they must perform the work themselves, or if the nature of the work varies depending on the person.

Dr. Abdullah Al-Ammar mentioned the conditions for the permissibility of "subcontracting" (leasing out a lease) if the employee is a common one: 1. That the employer does not stipulate that the employee must perform the work themselves. 2. That the work is not such that its quality varies depending on the person (e.g., calligraphy). 3. That the first employee is not a private employee. 4. That the first contract has not expired.

Summary from Ftawy's records · added here

Reviewed by El Fatwa's sharia committee.

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
151589
Added here
. This is when the answer was added to El Fatwa, not the fatwa's date.
Text
Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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Read the full answer on Ftawy