Is an employee entitled to reclaim a salary difference that was deducted retroactively and without prior agreement?
If the salary payment is delayed due to the company's financial hardship, one must be patient, as Allah Almighty says: "And if there is one in [financial] hardship, then [let there be] postponement until [a time of] ease." However, if the delay is despite the ability to pay, then it is an injustice and a procrastination, and you have the right to demand the full salary. The company's reduction of the salary without an agreement is not binding, and you have the right to demand the original salary. It is permissible to take your right from the company's assets if you are unable to obtain it otherwise, provided that this does not lead to discord or cause you to be accused of wrongdoing. This permissibility applies specifically to the salary before you were informed of its change, unless there was a binding contract that has not yet expired.
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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- Read the full answer on Ftawy