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Fatwa CenterTaking care of non-Muslim children in Muslim day care home
Question
Is it permissible for a Muslim day care home to take care of non-Muslim children?
Answer
All perfect praise be to Allaah, The Lord of the worlds. I testify that there is none worthy of worship except Allaah and that Muhammad, sallallaahu ‘alayhi wa sallam, is His slave and Messenger.
When a Muslim woman works in a day care home, caring for non-Muslim children, this is considered hiring herself out as a personal servant of a non-Muslim, because such a job requires her to provide services for the non-Muslim children, taking them to the restroom, changing their clothes if needed, putting on their shoes, giving them toys to play with, and the like. Scholars held different views regarding the ruling on a Muslim hiring himself out to serve a non-Muslim. The scholarly view adopted at Islamweb is that it is to be forbidden. Please, refer to fatwa 81686.
The Kuwaiti Encyclopedia of Fiqh reads:
“Muslim jurists held different opinions regarding the ruling on a Muslim hiring himself out to serve a non-Muslim by virtue of Ijaarah contract (hiring), I‘aarah (lending), or other than that. The Hanafi scholars held that it is permissible because this is a compensation contract just like a sale contract; however, it is disliked for a Muslim to serve a non-Muslim because serving involves humiliation, and, thus, the Muslim humiliates himself by hiring himself to serve a non-Muslim. As for the Maaliki scholars, Ibn Rushd said, 'There are four divisions for the ruling on a Muslim hiring himself out to a Christian or Jew: permissible, disliked, forbidden, and prohibited... The forbidden type is that the Muslim hires himself out to a non-Muslim to do work wherein he is under control of the non-Muslim, such as a household servant or a woman working as a wet-nurse to breastfeed the non-Muslim's child or the like. If such contracts are ongoing, then they are to be annulled. If they have already expired, then there is no harm and the Muslim worker is entitled to the wages...' The Shaafi‘is, on the other hand, held that it is prohibited for a Muslim to provide direct service to the non-Muslim, such as pouring water over his hands, getting him his shoes, removing his filth, or indirect service, such as running errands for him and the like... The Hanbali scholars, in their most correct view, held that it is prohibited for a Muslim to hire himself out as a servant.... The other view (of the Hanbalis) is that it is permissible yet disliked. Another view is that it is permissible without dislike...”
As we mentioned, the view adopted at Islamweb is that it is to be forbidden because it involves humiliating oneself in the service of the non-Muslim.
Allaah knows best.
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