Question:
The common alarm system that is in place almost all over, seems to have elements of gambling. Is such permissible? There is a monthly fixed rate that covers a variety of aspects from monitoring, armed response, personal escorts etc…
Is such permissible?
Answer:
The jurists have categorized a person who has been hired into two categories:
1. Al-‘Ajeer Al-Khaas – One who has been totally hired by one person; all his services are restricted to the person who hired him. While he is hired by this person, he cannot be hired by another person, at the same time.
2. Al-‘Ajeer Al-Mushtarak – One who has been hired by more than one person at the same time, therefore his services are not restricted to only one person.
There are some scenarios where the jurists have merged both these categories (Al-‘Ajeer Al-Khaas and Al-‘Ajeer Al-Mushtarak).
Example: A wet-nurse offers her service of feeding children at her own house; she falls under this third category, i.e. Mergence between Al-‘Ajeer Al-Khaas and Al-‘Ajeer Al-Mushtarak.
She will not be sinful for hiring her services out to the child of a second or third person, as long as all those who are hiring her services for their children permit her to hire out her services to the children of others as well.
The scenario of the alarm companies will resemble that of the wet-nurse, with regard to the aspect of hiring out services. Hence, the security companies will fall under the third category, I.e. Mergence between Al-‘Ajeer Al-Khaas and Al-‘Ajeer Al-Mushtarak. Furthermore, the security companies will not be sinful for doing so, because all those who hire the services of the security companies are well aware of what type of contract they are getting into; they are aware that the security company also hires out its services to other people as well – at the very same time, and despite knowing this, they happily hire the services of the security company. This will be regarded as an understood permission from their side.
Conclusion: The security companies hiring out their services to many individuals at the very same time, will not result in such a contract falling under the category of gambling.
[See Fathul Mu’een Sharh Al-Kanz, V3-Pg 254]
[See Fatawa Daaril ‘Uloom Zakariyyah, V5-Pg 428 and 431, Zam zam publishers]
Checked and Approved By:
Mufti Muhammed Saeed Motara Saheb D.B.