Is it permissible to take a loan guaranteed by the company without the intention of repaying it, because of not being given an end-of-service bonus upon resignation?
End-of-service benefits are either part of the worker's wage or a gift from the employer. If the contract explicitly stipulates them, or if custom dictates them, then their payment to the worker is obligatory, and they are considered a deferred part of the wage. However, if they are not stipulated, they are a non-binding gift or donation.
If the company's system acknowledges this benefit upon resignation, or if custom dictates it, then the company is obligated to pay it. If it is merely a gift from the company to some employees, then the worker has no right to it unless granted by the company.
Accordingly, the wronged person is not permitted to take their right except from the one who wronged them. You are not permitted to take a loan with the intention of recovering your right except from the company itself. It is also a condition that the bank operates according to Islamic law.
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- Ftawy
- Original fatwa ID
- 80686
- Imported
- Translation status
- Source text, unreviewed
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