Question:
Assalamualaikum ustaz. I have a question. For example, if in a certain country there is a set rule that foreign students are only allowed to work part-time for 28 hours a week with two or more occupations. However, we work for more than the hours allowed. Is this permissible or not, or is there specific rulings for this case? And what about the income from it? Thank you ustaz, hope for an explanation.
Answer:
Waalaikumussalam wrt,
Alhamdulillah, praise and thanks to Allah for the many countless blessings He has blessed us all with. Blessings and salutations to the Prophet Muhammad PBUH, his wives, his family, companions and all those that follow his teachings to the day of judgement.
Islam obligates every person who has reached puberty and has the capability to provide for himself. This is in accordance with the words of the Prophet PBUH, from Jabir bin Abdillah RA:
ابْدَأْ بِنَفْسِكَ فَتَصَدَّقْ عَلَيْهَا
“Start with your own self and spend it on yourself, and if anything is left, it should be spent on your family,”
Sahih Muslim (997)
Imam al-Nawawi Rahimahullah said: “There are several wisdoms from this hadith, among them is the start and order of provisions, the rights and advantages when they converged, which should be prioritized (awkad) and which are lower in terms of strength.” Refer al-Minhaj Syarh Muslim (7/83)
The same is stated in al-Fiqh al-Manhaji (4/170) said: “The lowest obligation of a provision is the provision to oneself. If he is able, then this is the prioritized provision preceding any other provisions. This provision includes all the basic necessities of a human such as a house, clothes, food, drink and others. It is wajib to use his own property for his provision, as long as he owns a property that could benefit himself.”
At the same time, Islam obligates the Muslim ummah to seek knowledge for the benefit in this world and the hereafter. Knowledge is divided into two; the knowledge of fardhu ain and fardhu kifayah. The knowledge of fardhu ain is a knowledge that is obligatory for every Muslim to learn which includes the knowledge of aqidah, worship, muamalat and akhlak. While the knowledge of fardhu kifayah is a knowledge of which a community is incomplete without it, in ensuring the continuity of worldly affairs such as mathematics, medicine, construction, farming, sewing and politics. If there are none who are experts in it, then it will be a great burden for the community. For those who are learning fardhu kifayah, it has become fardhu ain for him for he has taken the responsibility from his community. Refer Ihya’ Ulum al-Din (1/13-16) by Imam al-Ghazali.
In the context of working while studying, it is ideal that students do not need to work and just focus on their studies. However, if there is a necessity, then it is permissible for a student to work to fulfil his needs. The needs include a house, food and drink, clothing and health. While wants are not a need such as a telephone and transport. Textbooks are also included in the category of a necessity for without it the life a student would be hard. Whereas if a student work to live a luxurious life, then it is discouraged for usually it would affect his studies, especially if he already has a scholarship or on a study loan.
Regarding the law that limits working for a duration amount of time or hours, surely the law is drafted to ensure that students could focus on their studies, in line with the need to work to provide for themselves. It is impermissible for students to simply break the law for it is in their agreement that should be fulfilled. Allah SWT states:
يَا أَيُّهَا الَّذِينَ آمَنُوا أَوْفُوا بِالْعُقُودِ
“O you who have believed, fulfil [all] contracts.”
Surah al-Maidah (1)
Syeikh Dr Wahbah al-Zuhaili said: “A promise is a commendable attribute. Breaking a promise is one of the attributes of betrayal and hypocrisy. Dissolution of an agreed contract would result in loss of trust. Thus, according to syarak, it is wajib to fulfil one’s promise. Whoever breaks his promise has committed a transgression and sin.” (Refer al-Tafsir al-Munir, 15/73)
Second, it is also a valid condition if it is included in the contract and the university reserves a right to take disciplinary actions on those who violated the agreement. From Abu Hurairah RA, the Prophet PBUH said:
الْمُسْلِمُونَ عَلَى شُرُوطِهِمْ
“The Muslims will be held to their conditions,”
Sunan Abu Daud (3594)
Syeikh al-‘Azim Abadi commented on the hadith, stating: “They held (onto the agreement that they made) and does not withdraw from it.” (Refer ‘Aun al-Ma’bud Syarh Sunan Abi Daud, 10/26)
Thus, it is impermissible for students to exceed the permissible working duration and he is considered sinful if he failed to fulfil his fardhu kifayah responsibility because he is too busy working.
However, this prohibition is abrogated for students who are really in need and has to work over the set duration. If he fails to do so, he won’t be able to provide for himself and this will lead to other problems. This usually happens to poor students. Furthermore, this is the norm for great scholars during their studies such as Imam Ahmad bin Hanbal who sold ropes used for animal mounts and does not beg for money. Refer Safahat Min Sabr al-Ulama by Syeikh Abdul Fattah Abdul Ghuddah to learn more about their stories. This situation is in accordance with the maxim:
إذَا تَعَارَضَ مَفْسَدَتَانِ رُوعِيَ أَعْظَمُهُمَا ضَرَرًا بِارْتِكَابِ أَخَفِّهِمَا
“When two mafsadah (harms) converged, the greater mafsadah is avoided by choosing the lesser mafsadah,”
Refer al-Asybah wa al-Nazair by Imam al-Suyuti (1/87)
Whereas in terms of the halal or haram status of the income from working, then it is halal if the work is halal and pure from anything that is haram. The matter of the violation of the contract between the student and the university, it does not affect the halal status of the income, although the blessings of it would be affected. This is analogically deduced with the ruling of the trade when the Friday adhan is being called and men praying while wearing silk clothing, where both of them are prohibited. Also refer to Al-Kafi Li Al-Fatawi Ke-461: Apakah Sah Solat Seseorang Yang Bergelumang Dengan Perkara Haram? (Is the Prayer of A Person Who Continuously Sins Valid?)[1] As for those who have to work exceeding the limited duration out of necessity to fulfil his basic needs, then it is not considered as a sin and the income is halal.
Here we state, how great it is the rewards of those who help students by funding them during their study duration with the donation and any type of help that enables them to focus on their studies. In the future, they will return to their communities and serve them back. We end with the words of the Prophet PBUH:
المُسْلِمُ أَخُو المُسْلِمِ لاَ يَظْلِمُهُ وَلاَ يُسْلِمُهُ، وَمَنْ كَانَ فِي حَاجَةِ أَخِيهِ كَانَ اللَّهُ فِي حَاجَتِهِ، وَمَنْ فَرَّجَ عَنْ مُسْلِمٍ كُرْبَةً، فَرَّجَ اللَّهُ عَنْهُ كُرْبَةً مِنْ كُرُبَاتِ يَوْمِ القِيَامَةِ، وَمَنْ سَتَرَ مُسْلِمًا سَتَرَهُ اللَّهُ يَوْمَ القِيَامَةِ
“A Muslim is the brother of a fellow-Muslim. He should neither commit oppression upon him nor ruin him, and he who meets the need of a brother, Allah would meet big needs, and he who relieved a Muslim from hardship Allah would relieve him from the hardships to which he would be put on the Day of Resurrection, and he who did not expose (the follies of a Muslim) Allah would conceal his follies on the Day of Resurrection.”
Sahih al-Bukhari (2442) and Sahih Muslim (2580)
End notes:
[1] http://muftiwp.gov.my/ms/artikel/al-kafi-li-al-fatawi/1840-al-kafi-li-al-fatawi-ke-461-apakah-sah-solat-seseorang-yang-bergelumang-dengan-perkara-haram