To what extent is it permissible to add an "accommodation" allowance of 16 dinars in field "S" of the timesheet, given that the manager had promised 10 dinars and the company only paid 8 dinars, and is this considered consuming ill-gotten gains?
The employee and the employing entity are bound by the employment contract concluded between them, in accordance with the Almighty's saying: (O YOU WHO HAVE BELIEVED, FULFILL [ALL] CONTRACTS), and the Prophet's (peace be upon him) saying: "Muslims are bound by their stipulations." If the institution shortchanges you on what was agreed upon, then you have the right to receive your agreed-upon dues, provided you do not exceed the amount owed. If you were to take 16 dinars while you are only entitled to 10 dinars, this is not permissible. If you are faced with two options: taking more than your right, or losing some of your right, then it is obligatory to forgo some of the right. If the company retracts from its contract, you are entitled to take your dues according to the duration of the initial contract. The termination of the initial contract implies a new contract that supersedes the previous agreement.
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- Original fatwa ID
- 80075
- Imported
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- Source text, unreviewed
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