The Rights of Servants
by Moulana Abdul Hamid Ishaaq

Allah Ta'ala created man in different classes and levels. Certain people have been granted rights over others. Kings have been given various rights over their subjects, husbands over their wives, parents over their children and similarly masters over their domestic servants. However subjects of a country, wives, children and domestic workers have also been afforded rights by the Shariah.

With regard to the rights of domestic servants, it should be understood that:

1. Servants are not slaves, which the Noble Quran and Ahadith speak about. There is a vast difference between the two.

   Rasulullah (sallallahu alayhi wa sallam) said, "Treat people according to their level". The directive given concerning slaves is that they should be allowed to eat the same food we eat, wear what we wear etc. The reason for this is that they own nothing of their own. Whatever they have is the possession of their master. Whereas with servants it is different. Here the directive is to treat them in a manner with which they shall feel comfortable. If for example, we make them sit and eat together with us, they might feel very awkward and uncomfortable. This will not be in accordance with the demands of Hadith. On the other hand, we should remember that they are not animals. They also have feelings. Just as we do not like to be insulted and disgraced, they too would not like to be insulted and disgraced.

2. No government can rule without understanding its subjects. Similarly, we need to understand the ways and habits of our domestic workers. Every person has his own customs. What we regard as respectful, they may deem insulting. Example. For us sour milk is regarded as a treat, whereas amongst the local people there are many who regard sour milk as milk that has gone off and is fit to be thrown down the drain. If they are offered sour milk, they feel insulted. Thus, to ensure a good relationship between our domestic servants and ourselves we have to learn and understand their traditions and customs.

3. With regard to wages we have to be fair. We are not being asked to pay so much that they become kings, However, the least we can do is ensure that they have a "living wage". According to our means we should pay them. We know very well how we live, how much we waste, how much we throw down the drain. Through the hands of our domestic servants we are throwing away so many things. Do we not realise that while they are throwing away all our waste, the thoughts of their suffering children and families flash through their minds. On the one hand they know how little we are paying them. On the other hand the great amounts we unnecessarily waste. This will most definitely boomerang against us. We should rather spend a little less in Nafl charity and ensure that their rights are fulfilled.

4. We have to adopt the middle path concerning their feelings also. We are not asked to suppress our anger to such an extent that we never tell them anything, even if they do wrong. However, there is a way to explain what is right and what is wrong. Feelings do not have to be broken. Rules and regulations should be written down. Once these rules are made known to our domestic servants, it will be much easier for them to comply. Their wages and working hours should be specified from the very beginning. If all matters can be written down and signed by both parties, many a dispute will be easily solved.

5. Islam has taught us to take precautions. We should look after our possessions. Our wealth and valuables should be carefully locked away. We should never leave temptations lying about. Only after taking necessary precautions should we allow our servants to roam about our homes freely. If not, when items start disappearing, we will have endless problems.

6. Finally, the most important aspect which Qari Tayyib Sahib (rah) and many other Ulama have pointed out that Muslims of South Africa could be taken to task for with regard to their workers is that these people have worked for us for so long, but we have not presented to them the gift of Islam as yet. We have not explained to them, neither have we shown them the character of Islam. If our lives were in accordance with the teachings of islam, they would have accepted Islam merely by observing us.

We entrust our children in the care of our workers. Had they been Muslim, there would have been no problem. But for this i.e. to see that they bring Imaan, we have no time. Rather, we allow our children to be brought up in the laps of Kuffar, to learn their manners and ways and adapt to their customs and habits. Then when they have grown up a little, we leave we leave them for only two hours in the care of some Aalim and expect him to make our children staunch Muslims. How foolish is our behaviour! Had we given our workers Islam, this problem would never have arisen. We have done gross injustice to Islam. The black man feels that Islam is an Indian religion. He feels that he is not allowed to stand shoulder to shoulder with us in worship. The Arabs in spreading Islam made no distinction between race and colour. Why then have we kept Islam for ourselves?

May Allah Ta'ala grant us taufeeq to fulfil the rights of all, be it family friends, workers and even animals. Aameen.