What is the ruling on money earned from a job where the employee was accepted based on a forged certificate of experience, knowing that he performs his work perfectly, and is what he receives considered a fair wage (ujrat al-mithl), and anything beyond that unlawful?
"The 'wage of the like' (ajrat al-mithl) becomes obligatory in the case of a voidable lease ( fasidah), which is one where one or more conditions for validity have been violated. Scholars differ regarding the ruling on the 'wage of the like' exceeding the named wage. The Malikis, Shafi'is, Hanbalis, and Zufar from the Hanafis hold that the 'wage of the like' is obligatory, no matter how much it amounts to. In contrast, Abu Hanifa, Abu Yusuf, and Muhammad believe that the 'wage of the like' is obligatory on condition that it does not exceed the named wage if the contract was named. However, if it was not named, then its owner is proficient in the field in which it is used, and a certificate was not a condition for its acceptance."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 90592
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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