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4826108/07/2003

Ruling on female servants working in households, and are they female slaves?!

Question: 20869

I’m an Indonesian Muslim, I need a fatwa regarding the status of Woman Labour, who work in midle east.  

Does they who worked to family and living with that family is considering as a slave ?  

It is very important to us know about The status about Woman Labour, because this issue used by christian misionaries to denigrating Islam in here.

Please attached Fatwa from some Ulama Institution/authorithies..

Praise be to Allah, and peace and blessings be upon the Messenger of Allah and his family.

Firstly: 

The servants who work in households do not come under the
same rulings as slaves, whether male or female. Rather they come under the
ruling of private workers who are hired to work for the employer, and are
like any other employee. 

We have already spoken about female servants and the ruling
on bringing them from their countries, and the haraam actions committed by
some families towards female servants. Please see the answer to question no.
26282

Secondly: 

What some of these heads of households have done to these
servants is not condoned by Islam, rather Islam forbids it and warns against
it. It is not permissible to use that as a means of attacking Islam or
giving a bad impression of Islam, because these sins on the part of some
Muslims are forbidden by Islam itself. 

Al-Bukhaari (50) and Muslim (1661) narrated that Abu Dharr
said: I cursed a man and slandered his mother, and the Prophet (peace
and blessings of Allaah be upon him) said to me: “O Abu Dharr, are you
slandering his mother? You are a man in whom there is still some jaahiliyyah
(ignorance)! Your slaves are your brothers whom Allaah has put under your
command. So whoever has a brother under his command should feed him of what
he eats and dress him of what he wears. Do not ask them (slaves) to do
things beyond their capacity and if you do so, then help them.” This is the
justice of Islam towards slaves who are owned by a person, so how should it
be with a servant who is not a slave who belongs to his or her employer, but
is rather hired to do a job? 

Thirdly: 

It is not permissible to be alone with these female servants,
or to look at them, because they are non-mahrams to the men of the
household. Similarly male servants are non-mahrams to the women of the
household so it is not permissible for them to uncover in front of them or
to be alone with them. 

Shaykh ‘Abd al-‘Azeez ibn Baaz (may Allaah have mercy on him)
was asked: 

What is the ruling on dealing with servants and drivers – do
they come under the same heading as non-mahram men? My mother tells me to go
out in front of the servants and to put a scarf on my head. Is that
permitted in our pure monotheistic religion which tells us not to disobey
the commands of Allaah? 

He replied: 

Drivers and servants
come under the same rulings as all other men: it is obligatory to observe
hijab in front of them if they are not mahrams. It is not permitted to
uncover one’s face in front of them or to be alone with any of them, because
the Prophet (peace and blessings of Allaah be upon him) said: “No man
is alone with a [non-mahram] woman but the third one present is the
Shaytaan.” And because of the general meaning of the evidence which
indicates that hijab is obligatory and that it is haraam to make a wanton
display of oneself or to uncover oneself in front of non-mahrams. It is not
permissible to obey your mother or anyone else in matters that involve
disobedience towards Allaah.  

Al-Tabarruj wa Khataruhu by Shaykh Ibn Baaz. 

And Allaah knows best.

Source

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