Dar al-Ifta Ahl al-Sunnah
Mufti Qasim Attari
1. Not giving wages to one who leaves a job without informing in advance
Question: What do the scholars of Islam say about this issue: men are employed as staff in most shops, and it is mutually agreed that if they intend to leave the job, they should inform before leaving. Otherwise, if they leave during the month without informing, they will not receive the salary for the days worked in said month. This agreement is generally established in shops when staff begin their employment. Is this method correct according to Islamic law? Please provide guidance.
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: To stipulate at the time of agreeing the employment contract, that if a person leaves the job without informing, then he will not be paid the wages for the days worked in the month; this is an invalid condition, and implementing this is prohibited.
The employer and employee who have entered into this invalid employment contract will both be sinful, and repentance is necessary. If a contract has been made according to the question, and the employee leaves without informing within a month, the employer does not have right to withhold their wages based on this invalid condition. Instead, the employer is obligated to calculate the salary for the number of days the employee worked during that month and pay a comparable wage. The concept of "comparable wage" means the salary should be paid according to usual rate, even if the agreed amount is greater.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
2. Putting horseshoes or horns outside houses
Question: What do the scholars of Islam say about the following issue: some people place a horseshoe or an animal's horn outside of their homes to avoid evil eye. We have heard that this is prohibited. Is this correct?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: Being afflicted with the evil eye is real, and there is clear evidence for this from Hadith and narrations. For this reason, Islamic law has taught prayers for protection against this. At the same time, taking measures to protect oneself from it is also permitted, as long as they benefit one and do not contradict the requirements of Islamic law.
In this context, putting horseshoes on houses or attaching an animal's horn is not considered prohibited, as examples of such measures for protection are found in Islamic law. The third Caliph of Islam, ʿUthmān b. ʿAffān رَضِىَ اللّٰهُ عَـنْهُ once saw a beautiful child, and asked for a small black spot to be placed upon them, so evil eye has no effect.
In light of hadith, scholars have also allowed wrapping items like wood with cloth and placing this in fields, for protection from evil eye. The wisdom behind these mentioned examples is: when people look at a beautiful child or a field, they will first glance towards the black spot and covered piece of wood. Only after that will they look towards the face of the child and the field, which will protect from evil eye. This is the exact purpose of placing a horseshoe or the horn of an animal, so the onlooker firstly glances upon them and then the house, protecting it from evil eye.
However, it is essential to establish the habit of reciting transmitted supplications for protection, as this is better and superior to the above-mentioned. The following is a beautiful supplication found in a hadith for protection from the evil eye.
اَعُوذُ بِكَلِمَاتِ اللَّهِ التَّامَّةِ، مِنْ كُلِّ شَيْطَانٍ وَهَامَّةٍ، وَمِنْ كُلِّ عَيْنٍ لاَمَّةٍ
I seek refuge in the complete words of Allah from every devil, poisonous animal, and from every afflicting eye.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
3. Who must pay the ṣadaqat al-Fiṭr of Eid guests?
Question: What do the scholars of Islam say about the following issue: some people say when guests arrive near Eid, the host is obligated to give ṣadaqat al-Fiṭr on behalf of the guests. Is this statement correct?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: Ṣadaqat al-Fiṭr is obligatory on every free Muslim who is the owner of niṣāb (one who possesses approximately 87.5 grams of gold or 612 grams of silver, its monetary amount in silver, or any items beyond essential needs and debts) at the time of true dawn on the day of Eid al-Fiṭr.
Every owner of niṣāb is obligated to give his own ṣadaqat al-Fiṭr, and it is not obligatory to pay for others. To the extent, even if the person is a pre-pubescent child but owns niṣāb, ṣadaqat al-Fiṭr will be paid from his wealth. Likewise, if a guest is an owner of niṣāb, he is obligated to pay this himself, not the host. Yet, if the host is willing to pay on behalf of the guest, he is permitted to do so provided the guest gives permission.
Note: if a pre-pubescent child is an owner of niṣāb, ṣadaqat al-Fiṭr will be given from his wealth. If he is not the owner of niṣāb, his financially-capable father will give ṣadaqat al-Fiṭr on his behalf.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
4. Performing ablution (wudu) while standing at a basin
Question: What do the scholars of Islam say about the following issue: is it permissible to perform ablution (wudu) while standing on a basin?
بِسْمِ اللّٰہِ الرَّحْمٰنِ الرَّحِیْمِ
اَلْجَوَابُ بِعَوْنِ الْمَلِکِ الْوَھَّابِ اَللّٰھُمَّ ھِدَایَۃَ الْحَقِّ وَالصَّوَابِ
Answer: It is permissible to perform ablution (wudu) while standing at a basin. However, to perform wudu like this is against the mustaḥabb (recommended) practice, as one of the recommended manners of ablution is to sit in an elevated place facing the qibla.
وَاللہُ اَعْلَمُ عَزَّوَجَلَّ وَ رَسُوْلُہٗ اَعْلَم صلَّی اللہ علیہ واٰلہٖ وسلَّم
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