Is the income of migrant workers haram? - Online Syariah Depok Online Syariah Depok

QUESTION:

Assalammu’alaikum ust, Afwan permission to ask a question from a friend:

Can we use income obtained from methods that have been prohibited by the ulama, such as migrant workers working abroad, which according to the MUI fatwa is haram?

Please enlighten me, sir,

Jazakallah khaiiran

ANSWER

Wa’alaikum wa Rahmatullah wa Barakatuh

Yes, the MUI once stated that sending TKW is haram in a fatwa in 2005, this prohibition applies to TKW and all related institutions.

The reason for the prohibition is because there is no mahram who can protect them, or without a family, or without the company of another trusted woman. This means that if he is accompanied by a mahram, or family, or his departure is with trusted women then it is not haram, especially if there is a security guarantee from the state.

So the prohibition of working as a migrant worker cannot be ruled out, but only if the above elements are met.

If there is a TKW who does not fulfill these elements, then their income is unlawful for them. But, not for other people who receive this income through permissible means such as gifts and buying and selling,…

Dzar bin Abdullah bin Mas’ud Radhiyallahu ‘Anhuma narrated:

A man came to him and said: I have a neighbor who eats usury, and he keeps inviting me.
He said: Good luck to you, and sin is on him

There’s someone who
came to Ibn Mas’ud and he said:

“I have a neighbor who likes to eat usury, and he often invites me to eat.”

Ibn Mas’ud answered; The good part is for you, and the sin is for him.

(Abdurrazzaq’s mother, Al Mushannf, no. 14675)

Salman Al Farisi Radiyallahu ‘Anhu said:

If you have friends
A worker, or a neighbor of a worker, or a relative of a worker, and he gives you a gift, or invites you to eat, then accept it, because his congratulations are on you, and his sin is on him.

“If your friend, neighbor, or relative does haram work, then he gives you a gift or invites you to eat, accept it! In fact, you get pleasure, and he gets sin.” (Ibid, No. 14677)

Sheikh Muhammad Salih Al Munajjid explained:

What is forbidden to obtain is what a person obtains in an unlawful way, for example by selling alcoholic drinks, or by usury, or by renting songs, committing adultery, and the like. This money is haram only for those who obtain it, but if someone else takes it in a lawful way, then there is nothing wrong with that, for example if he donates it to build a mosque, or pays a worker for it, or spends part of it for his wife and children, then these people are not haram to take the benefits, but it is haram for the person who obtained it in a haram way. Only

Illicit wealth that results from efforts to obtain it, such as selling khamr, usury, adultery, singing, and the like, is only haram for those who obtain it. But, if someone else takes from that person in a permissible way, then that is okay, such as donating to the mosque with it, paying employees’ salaries, LIVING for children and wife, these things are not prohibited from using these assets. In fact, what is forbidden is for people to search for these haram treasures. (Al Islam Su’aal wa Jawaab no. 75410)

Wallahu A’lam