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Search Fatawaa


Subject : The Employee is Obliged to Abide by the Regulations Ruling the Job

Fatwa Number : 2825

Date : 30-07-2013

Classified : Leasing

Fatwa Type : Search Fatawaa


Question :

What is the ruling on the absence of syndicate’s members without taking formal excuse or leave noting that their allowances and wages are totally paid?



The Answer :

 


All perfect praise be to Allah, The Lord of The Worlds, and may His peace and blessings be upon our Prophet Muhammad and upon all of his family and companions.

In principle, the employee or a worker is obliged to abide by the regulations ruling the job since the contract serves as the law of the contracting parties; thus there is no harm in being absent if those regulations were flexible by which the syndicate member enjoys certain privileges, but if the regulations stipulated that the employee is trustee and deserves a wage in return of being ready and available all the time, then taking wages without excreting any effort or abiding to the regulations of the job is impermissible.

In addition, being absent for a day without a valid excuse or due to person’s refusal to perform a certain task during job renders him sinful nor permitted to take a wage because he will be earning it unlawfully, for the Prophet (PBUH) said (What means):” You will see after me favoritism and things which you will disapprove of." They submitted: "What do you order us to do (under such circumstances)?" He replied, "Discharge your obligations and ask your rights from Allah". [Related by Al-Bukhary].

Consequently, if the employee didn’t perform the requested task, then he isn’t permitted to take a wage regardless of the sector he is working in, besides the degree of prohibition increases in case he was working for the country in the public sector because he will be violating nation’s assets as well others’ right as no service is provided, for the Prophet (PBUH) said (What means):” “Some men acquire Allah’s Property (such as the funds of the Muslim state treasury, Zakah etc.) and they will go to Hell on the Day of Resurrection.” [Related by Al-Bukhary].

Therefore, there is no harm if the regulations of the syndicate’s permit being absent without taking employer’s permission for the good of the syndicate but not otherwise. And Allah knows best. 

 







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