What is the ruling regarding my salary if I do not work at night due to a company decision, and is it permissible for me to take my remaining entitlements, and can they be given as charity on behalf of my deceased brother if the funds are questionable?
The employee's actions are governed by the contract concluded between him and his employer, based on the Almighty's saying: "O you who have believed, fulfill [your] contracts," and the Prophet's (PBUH) saying: "Muslims are bound by their stipulations." The employee is a private hire, and it is not permissible for him to spend the contracted time on anything other than the company's benefit without permission from the authorized responsible party.
If the absence is with the permission of the responsible party, then the employee's action is permissible and his salary is lawful, because a private hire is entitled to wages by making himself available for the duration, even if no work is assigned to him, unless there is a physical impediment. However, if the absence is without permission or with permission from an unauthorized person, then that is forbidden, and the salary for that period is forbidden, and the money taken must be returned to the company.
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- Original fatwa ID
- 67714
- Imported
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