On 9th January 2013, for the first time the International Labor Organization (ILO) launched its global report related to domestic workers around the world. The report entitled “Domestic Workers Around the World” states that there are currently about 53 million domestic workers in the world, of which 83 percent are women and girls, and many of them are migrant workers. This means that more than 43 million women have been hired as caretakers, cooks, housekeepers, and maids. According to data from the mid-1990’s, this figure of 53 million, reflects a drastic increase of 19 million people employed as domestic workers over the last 18 years. Moreover, according to Martin Oelz, labor law expert of ILO, this report based upon a survey conducted in 117 countries is an underestimation of the actual number of all domestic workers around the world. The actual number could be tens of millions higher. This report, he said, didn’t include the data of child domestic workers under 15 years old which the ILO reported in 2008 amounted to 7.4 million children.
Sadly, alongside the finding of the size of this work sector, is the key finding that female domestic workers (FDW) are often exposed to violence and exploitation in their workplace. Sarah Polaski, Deputy Director of the ILO stated that these FDWs (foreign domestic workers) often have to work longer than the normal working hours, and in many countries do not have the same rights to rest time as workers in other sectors. Besides this, she stated that the high dependency to the employer and the nature of domestic work which is closed from public makes these women extremely vulnerable to exploitation and violence. Their workplaces are hidden behind doors as they work for individuals, households, and families, and not in open regular work sites such as offices, shops, or factories. Furthermore, most of the FDWs are migrant workers who are unfamiliar with the local language and culture in which they work. Hence, we can say that 40 million women are extremely vulnerable to physical and sexual violence and even murder. There have been numerous accounts of violence against migrant FDWs, including being beaten to death, burned with a hot iron, raped, imprisoned, and so on. For example in Indonesia, the number of cases of violence against migrant workers abroad including murder is increasing every year. Data from Indonesia Migrant Care reveals that the cases of violence against migrant workers reached 5314 in 2009, while in 2010, the death rate of these workers reached 1075.
Most people might ask and wonder what is the cause of this huge rise in number? Why do tens of millions of women still want to work as FDWs, even though they have to migrate thousands of miles away to work in this risky profession often for a miserly wage? The answer is no other reason other than poverty and global inequality of wealth. Poverty and lack of welfare for millions of women in their countries have forced them to leave their homes and their children to make ends meet. Most of these FDWs come from third-world countries, including the Muslim world, where lack of access to good quality free education, healthcare and other services that should be provided by the state also leads to many women seeking work abroad to provide education or medical treatment to their children or families. The largest number of FDW’s are from the Asia Pacific (21.4 million), followed by Latin America and then the Caribbean with 19.6 million. No doubt, global inequality in wealth and poverty are the causes of the phenomenon of the global domestic workers industry. It is the global implementation of capitalism with its interest based financial model and free market system with its liberal principle laissez faire-laissez passer, that has caused wealth to be concentrated in the hands of the few and consequently the spreading of desperate poverty in the Muslim world and third-world countries. This has subsequently caused the mass transnational migration of domestic workers including women in search of work to survive, exposing them to exploitation.
THE EXPLOITATION OF VULNERABLE PEOPLE UNDER CAPITALISM
The implementation of the Capitalist ideology has created a global inequality between the developed and developing countries, including in the Muslim world, and has generated widespread poverty among Muslims. The high levels of unemployment amongst men, rising prices of basic needs, and the high cost of living in the country has caused millions of women to feel that they have no choice but to work as FDWs abroad to survive. This is worsened by the Capitalist paradigm which views women as objects that can provide cheap and dilligent labour for this domestic work. Furthermore, under capitalism, women are also seen as sexual objects and money-making machines, all of which promotes economic exploitation of women.
The fundamental values of capitalism contributes a great deal to building an exploitative mind-set on the poor and vulnerable people. Capitalism with its basic principles -secularism, pragmatism, and hedonism- as well as the economic principle of freedom of ownership has nurtured a selfish and exploitative society. Many members of this kind of society will always calculate the ‘cost’ and ‘profit’ of any social relations and practices of the life they lead, superseding all other values, whether it is humanitarian, moral or spiritual values.
The values of this detrimental and exploitative capitalist system have greatly influenced every level of capitalist societies – from the individual to the state – for example, the dictatorship of many employers against their workers, giving them the minimum wage without considering the impact on the workers; or domestic worker recruitment companies which manage their business in such a way to make a profit from the suffering of people; or capitalist governments throughout the Muslim world who are not only incompetent in creating prospering for their people, but ignores the rights and wellbeing of these workers who they send overseas, viewing and using them like commodities for the sake of bringing in economic remittance and revenue for the country. As a result, these women have become victims of two major causes of exploitation:
(1) The exploitative and tyrannical labor policies of capitalism, and
(2) The absence of the state’s role in protecting their rights as workers as well as citizens
The first cause, i.e women as victims of capitalism’s labor policies, is evidently shown by these three patterns of exploitation : (1) long working hours, almost without adequate rest periods, (2) low salaries, which are often not paid on time, and (3) arbitrary actions of employers who physically and sexually abuse them. All of these issues actually stem from the labor problem that has always faced countries that implement Capitalism. From the outset, the capitalist labor paradigm and policies has created an asymmetrical relationship between workers and employers. Workers and employers are placed in distinct stratas or classes that tend to discriminate against the workers who have less power and a lower bargaining position, than the employers who own the capital. Besides that, Capitalism makes living cost as the standard for setting wages. Cheap labour policies that the idea of the ‘minimum wage’ is based, results from the flawed method of determining wages. It has prevented workers from earning their real wages that should be based upon the effort they exert and the skills they have rather than receiving an amount suitable to just sustain their lives. Therefore, these labor problems will always exist as long as the relationship between workers and employers is built based on this system, and the workers will always experience poor working conditions and insufficient legal protection.
As for the second cause, the absence of the role of the state in protecting the rights of its workers and citizens has become the primary cause of the exploitation of millions of women as FDW in the Muslim world. The leaderships of these states have utterly failed in: (1) ensuring the prosperity of the people under their rule, and (2) guaranteeing the protection of those who work abroad. These puppet rulers have been proven incompetent in addressing poverty in the country and providing decent jobs for its people. In addition, they have failed to solve their country’s problems, such as corruption, dependence on the West, and foreign debt, as well as demonstrating a complete inability to manage their natural resources effectively. All this is not surprising for they have embraced and implemented the flawed capitalist system upon their states. Leaders of the Muslim world are only concerned in their national economic interests – which includes making their own women commodities in the demand for domestic labor abroad to secure government revenue, without any consideration of the misery suffered by these FDWs, nor any serious efforts to ensure the legal protection of the rights of these workers abroad. The Muslim world was also poisoned by the corrosive idea of nationalism that has dehumanized those who are not of their nations, contributing to their mistreatment. Thus, this absence of the role of the state in protecting the rights of women in the Muslim world is the main cause that makes millions of women experience extreme suffering due to exploitation as FDWs.
These two aforementioned conditions, namely exploitative, tyrannical labor policies of capitalism and the absence of the role of state, has caused many efforts and global initiatives to solve this problem of the exploitation of FDWs to always hit a dead end. These two conditions are the reasons for why various efforts at all levels, such as the revision of labor laws, agreements between sending and receiving countries of domestic workers, and the establishment of workers unions, have failed and never touched the root of the issue, including the ILOs initiative of establishing a convention on domestic workers no. 189 2011 which regulates aspects of ensuring decent work for domestic workers around the world. This convention is severely challenged by the multipolar world order. This is tangibly seen from the willingness of only about 4 countries in the world to ratify the convention, while in fact based on ILO survey the problem of domestic workers befalls at least 117 countries. This global initiative obviously will not work because most states would always put the interests of their national economy above the rights of domestic workers. As long as capitalism and its exploitative value system and poverty-creating economic principles continue to apply in these countries, all these efforts will never bring a resolution to this problem.
LABOR POLICIES IN ISLAM
Islam is diametrically different from the capitalist ideology. Islam as an ideology strongly rejects the values of materialism and hedonism that come from the point of view of Capitalism. The true Islamic society under the Khilafah system is built purely upon Islam that has a primary focus on the implementation of God’s laws, as according to the Words of Allah سبحانه وتعالى:
وَمَا خَلَقْتُ ٱلْجِنَّ وَٱلْإِنسَ إِلَّا لِيَعْبُدُونِ
“I have only created jinn and men so that they may worship Me.”
(Adz-Dzariyyat, 51:56)
Unlike Capitalism, Islam builds its society upon the foundation of the Islamic Aqeedah. Its view of the purpose of life is to obey the Commandments of Allah and avoid His prohibitions, and its view of happiness is seeking the Pleasure of Allah سبحانه وتعالى. The Islamic value system creates a distinctive identity in the community, which defines the status of people upon their taqwa, and not their wealth or any other physical attributes. The Islamic values of life would never put the material value above morality, or place money above the dignity of human beings, regardless of the scale of economic gain. This breaks the materialistic personality whose focus is only on money and material matters regardless of the consequences upon others, minimizing exploitative and unjust behaviour towards others.
The Islamic value system gives a unique color to the society at all levels. This color is seen from how Islam fosters a mentality of responsibility in women as the mothers of children by giving them an understanding of the vital importance of this role as women such that they will not easily leave their families and children in search for work abroad. Likewise, the values and laws of Islam subject the business life function upon the principle of halal and haram, without exploitation or taking advantage of others’ suffering. In addition, the Khilafah state places the fulfilment of the basic needs of the people as one of its top priorities, alongside creating prosperity for the society and enabling individuals to access luxuries through the comprehensive application of the Shariah, that includes its sound Islamic economic system.
Regarding employment, Islam has a distinctive approach to the issue, different to any other ideology in the world. Some of Islam’s most important principles of labor policies that addresses the problem of exploitation of domestic workers include:
1. The unique equal relationship between employers and workers
2. The work to be performed should be strictly halal
3. No workers stratification
4. Determination of fair wages
The first principle of Islamic employment or labor policies is reflected in the composition of the Islamic society that has never split into two classes, the working class and business class, the proletariat and the bourgeoisie, the patron with the client, etc. No, Islam does not recognize this at all. It builds a unique equal relationship between the worker and the employer, which is based upon the sense of responsibility to fullfil the rights and obligations of each other as Islam ordered. According to the Islamic view, partnership between the employer and employee is a relationship that should be mutually beneficial. It is not allowed for a party to wrong or to be wronged by the other party. Imam Bukhari narrated from Abu Hurairah (ra), the Prophet صلى الله عليه وسلم said, Allah سبحانه وتعالى said:
ثَلَاثَةٌ أَنَا خَصْمُهُمْ يَوْمَ الْقِيَامَةِ رَجُلٌ أَعْطَى بِي ثُمَّ غَدَرَ وَرَجُلٌ بَاعَ حُرًّا فَأَكَلَ ثَمَنَهُ وَرَجُلٌ اسْتَأْجَرَ أَجِيرًا فَاسْتَوْفَى مِنْهُ وَلَمْ يُعْطِ أَجْرَهُ
“Allah said: There are three persons whom I will oppose on the Day of Resurrection: a man who gives his word by Me but proves treacherous; a man who sells a free person and consumes the price; and a man who employs a worker and receives a completed job but he does not pay him his wages.” [Sahih Bukhari, Number 430]
In order to maintain the good partnership and ensure that all parties involved are mutually benefited, Islam organizes the employer-employee relationship in a clear and detailed way with the laws related to ijarat al-ajir (the employment contract). In fact Islam states that unclear agreement points within an ijarat transaction qualifies it as a fasid (broken) agreement. With clear and detailed provisions in the ijarat al-ajir transaction, each party understands their rights and obligations, and is a protection against tyrannical employers forcing workers to work outside their defined hours as in the case of domestic workers.
The second principle is that the jobs performed can only be halal in nature, because Islam does not recognize the concept of freedom of ownership that allows people to do any work, regardless of whether the job is halal or haram. This protects women from employment that exploits their beauty or bodies as the means to make a sale, provide a service, or increase profits. Rafi bin Rifaa(ra) narrates:
فَقَالَ لَقَدْ نَهَانَا نَبِيُّ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ الْيَوْمَ فَذَكَرَ أَشْيَاءَ وَنَهَى عَنْ كَسْبِ الْأَمَةِ إِلَّا مَا عَمِلَتْ بِيَدِهَا
“The Prophet صلى الله عليه وسلم forbade us (from some things) today, and he mentioned some things. He forbade us from the earnings of the slave-girl except that which she earned with her two hands.” [Sunan Abu Dawood, Number 4319]
The third principle, Islam does not make a distinction between so-called white-collar workers and blue-collar workers. This is because all of them are called ajir (employees), whether the work they do is more intellectual in nature such as doctors, lecturers, or journalists, or physical in nature such as maids and factory workers. As mentioned in Hizb ut Tahrir’s draft constitution for the Khilafah, Article 154 states, “Company employees and the self-employed have the same rights and duties as employees of the State. Everyone who works for a wage, irrespective of the nature of the work, is considered an employee…”
The fourth principle is determining fair wages for workers. Islam has a unique method regarding this matter because the standard used by Islam for deciding wages are the benefits of the effort (manfa’at al-juhd) given by the workers, not their lowest living cost. This is one reason why exploitation of workers by the employer will rarely happen as the employer will be subjected to the rules of Islam to provide decent wages and pay it on time according to what is agreed in the employment contract. If there is a dispute between the worker and the employer in determining wages, then the expert (khubara’) will be the one who determines the fair wage (ajr al-mitsl). This expert is chosen by both parties, if they do not find an agreement, then the state will take over and choose the expert for them.
KHILAFAH PROTECTS WOMEN AND THE VULNERABLE
Islam stands in stark contrast to the capitalist system that curbs the role of the state and emphasizes the role of the market. The Prophet صلى الله عليه وسلم said,
فَالْإِمَامُ الَّذِي عَلَى النَّاسِ رَاعٍ وَهُوَ مَسْئُولٌ عَنْ رَعِيَّتِهِ
“An Imam is a shepherd (ra’in) and he is responsible for those in his care.”
Therefore the state’s role is vital in Islam in taking care of the needs of the people. Its main task is to serve and take care of the needs of every citizen, protect the vulnerable, and prevent any injustice. This fundamental principle ensures that labor problems will be minimal under the Khilafah and resolved swiftly through the application of the Shariah rules upon any employment problem if they do arise. Under this system, the migrant labor problem that victimizes millions of women will not be tolerated and the state will seek to eradicate it.
The Khilafah is a state which implements a sound economic system that rejects the flawed capitalist interest-based financial model, bans hoarding of wealth, and prohibits the privatization of natural resources as well as foreign party heavy investment in the development of infrastructure, agriculture, industry and technology. The foundation of its policies are directed to seek an effective distribution of wealth in order to secure the basic needs of all citizens, and at the same time create economic productivity to solve mass unemployment as well as allow individuals to obtain luxuries. The Khilafah with its straight political vision will be able to overcome labor problems with systematic and anticipatory steps focused on its responsibilities towards the public, as is reviewed as follows:
1. The Khilafah protects women and the vulnerable people. Islam is an ideology that is focused on the protection of the vulnerable people. The Prophet صلى الله عليه وسلم once said, narrated by Abu Huraira,
أَنَا أَوْلَى بِالْمُؤْمِنِينَ مِنْ أَنْفُسِهِمْ فَمَنْ مَاتَ وَتَرَكَ مَالًا فَمَالُهُ لِمَوَالِي الْعَصَبَةِ وَمَنْ تَرَكَ كَلًّا أَوْ ضَيَاعًا فَأَنَا وَلِيُّهُ فَلِأُدْعَى لَهُ الْكَلُّ الْعِيَالُ
“I am more closer to the believers than their own selves, so whoever (of them) dies while being in debt and leaves nothing for its repayment, then we are to pay his debts on his behalf and whoever (among the believers) dies leaving some property, then that property is for his heirs.” [Sahih Bukhari, Number 723]
Hence, in Hizb ut Tahrir’s draft constitution for the Khilafah, Article 156, reads: “The State is to guarantee the living expenses of the one who has no money, no work and no relatives responsible for his financial maintenance. The State is responsible for housing and maintaining the disabled and handicapped people.” Besides that, women in Islam should also be seen as a dignity that must be financially maintained with dignity and NOT seen as cheap labor. Islam commands that women should always be guaranteed provision by their male relatives, and if they do not have any male relative, then the state will ensure their financial needs, according to the words of Allah سبحانه وتعالى,
وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ ۚ لَا تُكَلَّفُ نَفْسٌ إِلَّا وُسْعَهَا ۚ لَا تُضَارَّ وَالِدَةٌ بِوَلَدِهَا وَلَا مَوْلُودٌ لَهُ بِوَلَدِهِ ۚ وَعَلَى الْوَارِثِ مِثْلُ ذَٰلِكَ
“…the father of the child shall bear the cost of the mother’s food and clothing on a reasonable basis. No person shall have a burden laid on him greater than he can bear. No mother shall be treated unfairly on account of her child, nor father on account of his child. And on the (father’s) heir is incumbent the like of that (which was incumbent on the father).”
(Al-Baqarah, 2:233)
2. The Khilafah places the main basis of its economic policy upon meeting people’s needs. The Khilafah will implement the Islamic economic system that ensures the fulfillment of all basic (primary) needs of every individual in society and enables them to acquire luxuries. In the book of al-Amwaal of Abu Ubaidah, its told that Khalifah Umar ibn Al-Khattab once told his employees in charge of distributing sadaqah: “If you do give, make it sufficient,” then said again, “Give alms to them repeatedly even though one of them had a hundred camels.” Mashallah! As the ruler of the state, he implemented the Islamic economic policy which guarantees the fulfillment of the primary needs of the people. He also funded the marriage of Muslims who could not afford to get married, paid their debts, and provided financial support to farmers to cultivate their lands.
3. The Khilafah is responsible for preventing injustice in all its forms. Specifically in the area of employment, Islam enforces strict laws upon anyone who enacts injustice, whether employers or employees. Creating a safe and non-exploitative work environment for workers is also the responsibility of the state. The Shariah laws ensure that there should be no injustice of one party against another and the state is obliged to remove any oppressive act, whether it is committed by employers against workers or vice versa. Letting injustice happen is a sin and immoral, and is forbidden by Allah سبحانه وتعالى. If the state allows injustice to takes place, then it is an obligation upon all Muslims to account the ruler by commanding the Ma’ruf and forbidding the Munkar in order to rectify the situation and get rid of the injustice. If people are not able to correct their ruler, the matter is transferred to the Mukhamat Al-Madhalim (the court of unjust acts) that will force the ruler to remove the corruption, injustice, or oppression from the state.
Thus, the Khilafah will provide a comprehensive provision guarantee for every woman and man as well as provide full protection for all citizens from exploitation and injustice. Millions of vulnerable women and men today who are facing economic exploitation in the Muslim world, will have a completely different story under the shade of the Khilafah system which has a credible and time-tested approach to tackling poverty, protecting the vulnerable, and maintaining the honor of women.
Fika M. Komara, M.Si
Member of The Central Media Office of Hizb ut Tahrir