What is the jurisprudential ruling regarding the obligation to provide housing or a housing allowance for an employee who has been unfairly dismissed during the period of litigation against the employer? And does this employee fall under the category of "Ibn As-Sabeel" (wayfarer), thus making him eligible for Zakat? And what is the guidance of the Prophet (peace be upon him), the Companions, and the Successors on this matter?
There are two scenarios for an employer who terminates an employee's services: 1. Termination before the contract's expiry without a valid excuse: The employee is entitled to their full wages for the agreed-upon period, as the contract is binding and must be fulfilled. The employer is obligated to provide accommodation if this is stipulated in the contract. 2. Termination of services at the end of the contract term: The employer is not obligated to anything towards the employee after the contract ends, unless there is a custom or law that mandates it.
If the employer delays fulfilling the employee's rights and the employee incurs expenses as a result, the employee has the right to demand those expenses from the employer.
Regarding the payment of to an employee: Zakat is given to them due to their poverty if they are indigent or indebted. "Ibn al-Sabil" (wayfarer) is a traveler who is cut off from their homeland and has run out of provisions. They are given from Zakat what enables them to reach their country. If they are poor in their own country, they are given for their poverty and for being a wayfarer. An employee who wishes to travel to their home country and does not have the means to do so is given from Zakat an amount sufficient for their travel. If they are poor, they are given for their poverty and travel. An employee who does not wish to return to their home country does not fall under the description of "Ibn al-Sabil," but they may be given due to their poverty if they are indigent.
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