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The question

Is the cessation of work and the suspension of employees due to the COVID-19 pandemic considered force majeure, and does this affect the validity of employment contracts and salaries, and is the suspension of salary contingent upon the employer's stipulation of that in the contract, and is there any entity obligated to compensate employees or employers?

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Source: FtawySummarized from the full answer at Ftawy · imported Sep 2, 20261 min readAlso available in العربية
The answer

Jobs are a type of (leasing/hiring contract) that falls under the category of hiring individuals. It is a binding contract that cannot be terminated except by mutual consent of both parties. However, if an excuse arises that prevents the hired person from performing their work, such as the Coronavirus pandemic which prevented employees from performing their duties, scholars have differed on the issue of terminating the contract. The majority of jurists hold that the ijarah is binding, while the Hanafis, Ibn Taymiyyah, and Ibn Uthaymeen are of the opinion that the ijarah can be terminated.

Based on this latter view, if employees are prevented from performing their duties due to Coronavirus and the period is prolonged, the employer has the right to terminate the contract, and the salary ceases after termination. It is better to reduce the wage instead of terminating the contract, as mentioned by Ibn Taymiyyah in the case of crops being damaged due to lack of rain.

If one of the parties stipulates termination in the event of an overpowering excuse, then termination is permissible due to the existence of the condition. In practical application, these issues may lead to disputes that are resolved by the competent judicial authorities, which may rule that the contract is binding, or that it should be terminated, or that the wage should be reduced. The state may also compensate the employee or employer to alleviate harm and care for those in need.

Summarized from the full answer at Ftawy · imported

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Where this answer came from
Source platform
Ftawy
Original fatwa ID
19898
Imported
Translation status
Source text, unreviewed
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