Are We Obliged to Obey Our Country’s Laws in Running Our Business?

Question

We run a business in a country where we need to hire employees from other foreign countries. The hiring process is costly, and we hire prospective employees with the agreement to share the hiring/visa costs with them. This is a common practice in this industry as it safeguards the employers from suffering losses if the employee turns out to be unsatisfactory. Many get homesick after a short period and want to leave the job and return. In this case, the employer suffers a significant loss.

However, according to the country’s law, it is illegal for employers to collect hiring costs from employees. Are we usurping the rights of our employees even though we hire them with the agreement in advance?

Answer

In the Name of Allah, the Most Merciful and Compassionate.

May Allah alleviate our difficulties and guide us to that which is pleasing to Him. Amin.

Obeying Government Laws

While contractual agreements between consenting parties are generally permitted by Sacred Law, permissible arrangements can be subject to government policies, especially when they do not contradict Sacred Law, and Allah knows best. Therefore, you should abide by your country’s law in this regard.

Obeying the Ruler

Sayyiduna Abd Allah Ibn ‘Umar (Allah be pleased with him) narrates that the Messenger of Allah (Allah bless him and give him peace) said: “It is necessary for a Muslim to listen to and obey the ruler, as long as one is not ordered to carry out a sin. If he is commanded to commit a sin, then there is no adherence and obedience.” [Bukhari; Tirmidhi]

The above Hadith is general because it does not distinguish between Muslim and non-Muslim lands. However, scholars understand that it generally applies to Muslim lands, and Allah knows best.

Fulfilling One’s Trusts

Allah Most High states, “And fulfil (every) engagement (ahd), for (every) engagement will be enquired into (on the day of reckoning).” [Quran, 17:34]

Similarly, Allah Most High states, “Allah does command you to render back your trusts to those to whom they are due, and when you judge between people that you judge with justice.” [Quran, 3:58]

Please see this answer for further details:
Obeying the Law of the Land in the West

I pray this is of benefit and that Allah guides us all.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani

Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan.

Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.

He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.

Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.