Benefiting from money given by the employer for accommodation
23-11-2005 | IslamWeb
Question:
I have not Arabic in this computer. A company sent me an job offer including housing 20000SR and furniture of 10000SRand 6000SR for each child (3 kids) and I resigned from my job to save some money by using a percentage of this cash money and after 8 days arrival they sent me a contact to sign and I found that it is allowance not cash money and I must have an offer signed from the owners and they will pay to them directly not through my hand no like that written in the offer and as I understand from the job offer and I can not refuse and go back home again for many reasons. I sought that I can have housing of and furniture of 6000 and to save remaining. I am asking if owner of the flat rent me with 20000 written in the contract and it is actually 18000 and gave me 2000 cash and I presented this contract to the company taking in mind that they were not clear in supporting education of the kids as they said and I found that only above 7 years child they can provide and I should pay for any child below this age. Is this Halaal or not to have this money from the owner?
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 is His slave and Messenger. We ask Allaah to exalt his mention as well as that of his family and all his companions.
If the amount of money which the company is going to pay you in return for accommodation will be given to you in totality regardless of how much you indeed are going to pay, then there is no harm in what you have mentioned. However, if the company gives this amount as a maximum for rent and if the rent is less than the amount given to you, the company will not pay you more than the amount of rent, and whatever remains will be given back to the company, then you are not permitted to do what you mentioned. The evidence is that the Prophet 
said: "The Muslims should fulfil their conditions.'' [Ibn Maajah]
Finally, we draw the attention of the questioner, the company and others, that the terms of the contracts should be well defined so that the transactions will be well established in order to avoid any disputes. If the contracts are conducted while the rights and obligations of both parties are not defined, then this is cheating and deceiving and this is something which Islamic legislation denies and rejects.
Allaah Knows best.