Disobedience Due to Job Requirements - Syariah Online DepokSyariah Online Depok

QUESTION:

Assalammu’alaikum ust Farid Nu’man who, God willing, is loved by Allah because of his knowledge… Afwan jiddan disturbed ust again

I have a question from a good friend:

He is an employee. In the world of work that he does, sometimes when he is abroad while on office duty he has to welcome foreign guests by providing alcoholic drinks. It is difficult for him to refuse to participate because of work demands from his superiors. He even spoke directly to his superiors not to drink this alcoholic beverage but his superiors refused and even threatened to cut his salary. That is a risk he will accept. If it’s difficult to find another job right now… According to ust, what should I do in Islamic jurisprudence regarding this, should I fight it at the risk of cutting my salary or even being laid off?? Or what is it like?

Ask for the arguments and fatwas of the ulama to strengthen me in making the best decision…

Please enlighten us, Mr

Jazakallah khaiiran

ANSWER

Wa’alaikumussalam wa Rahmatullah wa Barakatuh

What he did was certainly not allowed, whatever the reason. Allah Ta’ala says:

Do not cooperate in sin and aggression

Do not help each other in sins and transgressions (QS. Al Maidah: 2)

Imam Ibn Kathir Rahimahullah said:

He forbade them from supporting falsehood and participating in immoral acts and things that are forbidden

Allah ﷻ forbids them to help in falsehood, and to help each other in sin and haram things. (Tafsir Al Quran Al ‘Azhim, 13/2)

Imam Al Baghawi Rahimahullah said:

It is said: Sin: disbelief, aggression: injustice, and it is said: sin: disobedience, and aggression: heresy.

It is said that the meaning of Al Itsmu (sin) is disbelief. What Al ‘Udwaan means is tyranny. It is also said that Al Itsmu is immoral, and Al ‘Udwaan is heresy. (Ma’aalim At Tanziil, 2/9)

It’s okay for an employee to obey his superiors in good things, especially those that are part of his job description. But if it is to prepare immorality, then it is not allowed.

In the hadith:

Listening and obeying is obligatory for a Muslim in what he likes and dislikes, as long as he is not ordered to deny it. If you are ordered to disobey, then there is no hearing or obedience.

“Listening to and obeying a Muslim (to his leader) is based on what he likes and hates, as long as he is not ordered to commit immorality. If he is ordered to commit immorality, then do not listen and do not obey.” (HR. Bukhari No. 7144)

So, helping the realization of immorality, let alone khamr, is Ummul Khabaits (the mother of evil) as mentioned in another hadith. The rules of fiqh state:

Anything that leads to what is haram is haram

Anything that leads to haram is also haram. (Imam Izzuddin bin Abdussalam, Qawaid Al Ahkam fi Mashalihil Anam, 2/184)

On the other hand, a Muslim must have authority, Allah Ta’ala says:

And you will be superior if you believe.”…

and you are the highest (in rank), if you are believers. (QS. Ali ‘Imran, Verse 139)

Preparing khamr for them is a form of humility before unbelievers. In Al Mausu’ah Al Fiqhiyah Al Kuwaitiyah it is written:

Legal experts agree that it is forbidden for a Muslim, whether free or slave, to serve an infidel, either by renting or lending, and it is not lawful to rent or lend for that reason. Because this is an insult to the Muslims and a disgrace to them, and worship of the disbelievers, and they are used as proof of the word of the Almighty: {And Allah will not make the disbelievers superior to the believers}

Legal experts agree that it is forbidden for a Muslim, whether free or slave, to serve an infidel, either by means of an ijarah (service rental) or i’arah (loan) contract, both of which are invalid, because they contain insults and humiliation for a Muslim and glorify infidels. They argue with His words: “Allah will not give way to those who disbelieve to dominate those who believe.” (QS. An-Nisa: 141).

(Al Mausu’ah Al Fiqhiyah Al Kuwaitiyah, 19/38).

However, because our position is weak, as ordinary employees we have no directing power. So, may Allah ﷻ forgive it if we are forced to, our position in life is threatened, and our hearts hate it and still do not approve of it. It’s like there is evil in our eyes but we are weak, so change it with your heart by hating it.

If we want to resign, and look for something freer from that, and more calm in our work, of course that is mandatory, more important, and safer, because the afterlife is better and more eternal. May Allah ﷻ replace it with something better.

Thus. Wallahu A’lam