Asalam o Alaikum wa rahmatullahi wa barakatuhu,
I have to provide a bit of background for my question:
I am a resident of the united kingdom currently renting a 2 bed flat from a landlord. I have an outstanding visa application with the British Home Office who have unfortunately, revoked my right to work in the UK, which we are currently appealing. However, the appeal process can take more than 6 months at times. Therefore, i am currently without a job and living on savings. My wife and I are expecting our child in the next few weeks alhumdulillah, which means that I am not able to give notice on my property and search and move to a smaller flat with less rent in the next few months.
Also, the rental contract I signed has a clause in it which states that I am not allowed to sub-let part or full property or take in lodgers. I rent from a company and therefore, amending the contract is not an option (I tried to get my wife added onto the contract and was told it is not possible to amend the contract). Therefore, I do not believe that the landlord will give flexibility on my situation to amend the contract terms.
My savings are enough to last for another 2-3 months and I am keen to not incur any debts or ‘handouts’ from anyone to live in a dignified manner (not extravagant).
In light of the above, I wanted to ask a question from fiqh perspective: If i sub-let a room in my flat for a couple of months, considering my situation above (and noting that informing the landlord is not an option), will it be permissible?
I do not want any haram income as much as is in my control with Allah’s permission. I have an interested party to take the room for 2 months now and i have been doing istikhara since last month to rent the room. However, today in the Jumuah khutba the story of the mother and daughter on mixing water with milk was mentioned and it prompted me to seek the fiqhi position on my situation. Finally, I am not sure if the opportunity to rent will present itself in 2-3 months’ time (when my savings might be depleted enough for me to justify the extreme situation where for survival anything is allowed).
In the meantime, I am exploring opportunities to seek some cash in hand type of work (as the right to work is given by Allah to all and it is oppressive to take that away – however, please do let me know if working in such a circumstance would be considered haraam as well). Such opportunity is difficult to find but I am trying, and renting the room would assist with paying the rent partly to the landlord.
I do apologise for the lengthy question. However, the context is necessary as otherwise the answer to my question is very simple.
In summary:
1) would it be ok to sublet my spare room while the visa situation and right to work appeal is being considered?
2) Is it ok to work with cash in hand odd-jobs/tutoring and coaching other people in sciences and language during this time?
Earning Halal is my only priority. I am aware of the legal position and implications on the above and have considered the risk from that point.
Please also remember in duas for ease during these times of trial for patience and steadfastness upon deen and Iman no matter what.
regards
In the Name of Allah, the Most Gracious, the Most Merciful.
As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.
Brother in Islam,
We take note of your situation. We make dua Allah grant you courage to overcome your challenges.
You inquire if it is permissible to work without a work permit in the UK.
In principle, it is necessary to abide by the laws of one’s country. One should not commit acts that are deemed as felonious by law in that country.
In the enquired situation, it is impermissible in shariah as well to work illegally.[i]
You should seek the advice of an immigration lawyer or contact the relevant government authorities and enquire from them about financial support for you and your family. There are organisations, such as Job Seekers Allowance, Income Support, Housing Benefit and the Home Office itself, which provide aid for people in similar situations like yours.
Working illegally may affect your visa application and your appeal for the work permit, causing further implications and troubles for you and your family.[ii] You could also face jail time of up to 6 months for working illegally.
In the meantime, if you need to take a small loan from friends and family, then this will be better for you than ending up in a bigger problem of losing your work permit permanently.
You also enquire about subletting a spare room of a rented apartment without the permission of the landlord.
This too is not permissible in shariah without the consent of the landlord.[iii]
We advise that you discuss the issue with your landlord. Explain to him that you genuinely cannot afford the rent at this time and that you are to go into arrears as a result and that he should advise you on how to proceed.
After following up with the relevant authorities and there is no support available, you may contact admin@daruliftaa.net. We will advise accordingly.
And Allah Ta’āla Knows Best
Muhammed Shafi
Student – Darul Iftaa
London, U.K.
Checked and Approved by,
Mufti Ebrahim Desai.
19-12-1440| 20-08-2019
[i] حاشية ابن عابدين (رد المحتار) (4/ 264)
مطلب في وجوب طاعة الإمام (قوله: افترض عليه إجابته) والأصل فيه قوله تعالى {وأولي الأمر منكم} [النساء: 59] وقال – صلى الله عليه وسلم – «اسمعوا وأطيعوا ولو أمر عليكم عبد حبشي أجدع» وروي «مجدع» وعن ابن عمر أنه – عليه الصلاة والسلام – قال «عليكم بالسمع والطاعة لكل من يؤمر عليكم ما لم يأمركم بمنكر» ففي المنكر لا سمع ولا طاعة ثم إذا أمر العسكر بأمر فهو على أوجه: إن علموا أنه نفع بيقين أطاعوه وإن علموا خلافه كأن كان لهم قوة وللعدو مدد يلحقهم لا يطيعونه، وإن شكوا لزمهم إطاعته، وتمامه في الذخيرة
[ii] سنن الترمذي (4/ 523)
حَدَّثَنَا مُحَمَّدُ بْنُ بَشَّارٍ قَالَ: حَدَّثَنَا عَمْرُو بْنُ عَاصِمٍ قَالَ: حَدَّثَنَا حَمَّادُ بْنُ سَلَمَةَ، عَنْ عَلِيِّ بْنِ زَيْدٍ، عَنْ الحَسَنِ، عَنْ جُنْدَبٍ، عَنْ حُذَيْفَةَ قَالَ: قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ: «لَا يَنْبَغِي لِلْمُؤْمِنِ أَنْ يُذِلَّ نَفْسَهُ» قَالُوا: وَكَيْفَ يُذِلُّ نَفْسَهُ؟ قَالَ: «يَتَعَرَّضُ مِنَ البَلَاءِ لِمَا لَا يُطِيقُ»: هَذَا حَدِيثٌ حَسَنٌ غَرِيبٌ
فتاوى محمودية (25306) [iii]