***** For other Fatawa, please click on the topics on the left *****

List Of Topics

فتاویٰ > Miscellaneous

Share |
f:423 -    What if someone mistreats servants
Country : Jagatyal, India,
Name : Majid Qureshi
Question:     In some houses, both men and women don?t treat the servants properly and tax beyond them their capacity.  What does the Shariah say about this?
Answer:     A believer should always be mindful of what Allah Most High has ordered.  Especially in the matter of servants, a believer should fear Almighty Allah, as on the Day of Judgment, one will be asked about his/her subordinates.  There is a Hadith in Sahih Bukhari:

Translation: It has been narrated on the authority of Hadhrat 'Abdullah bin 'Umar (May Allah be well pleased with them) that the Holy Prophet (Sallallahu alaihi wa sallam) said: Each one of you is a caretaker and is responsible for his (or her) subordinates.  Each will be asked about his (or her) subordinates.  A king is a caretaker, a man is a caretaker of the members of the household, a woman is a caretaker of the house of the husband and his children, so each one of you is a caretaker and will be asked about his (or her) subordinates.  (Sahih Bukhari, Vol. 2, Pg. No. 783, Hadith No. 5200)

Regardless of whether the servant is for house work or for work outside the house, the person who gives the wages for work is not the owner of the servant, but can only take that particular work from the servant.  Servants are in reality a means of comfort and relief for those who pay them and help them in their responsibilities.  

As per the Shariah, it is compulsory that they should be treated nicely.  They should not be disturbed in their hours of worship and should not be mistreated or insulted.  They should not be taxed beyond their work capacity.  As given in Fatawa A’alamgiri, Vol. 5, Pg. No. 359.  

The Holy Prophet (Sallallahu alaihi wa sallam) has strictly emphasized nice treatment of slaves and slave girls who can actually be owned by human beings.  There is a Hadith in Sahih Bukhari:

Translation: Your slaves are your brothers.  Allah Most High has put them under your command, so whoever's brother is under his command, he should feed him from what he eats and should clothe him from what he wears and should not tax them beyond their capacity.  If you do so, then help them.  (Sahih Bukhari, Vol. 1, Pg. No. 9, Hadith No. 30)

And Allah (Subhanahu Wa Ta’ala) knows best.  

Mufti Syed Ziauddin Naqshbandi Qadri

[Professor, Islamic Law, Jamia Nizamia,
Founder-Director, Abul Hasanaat Islamic Research Center]
All Right Reserved 2009 - ziaislamic.com