Is it permissible not to pay a sum of money owed to one's employer, in return for his unlawful deduction from the salary, knowing that he does not adhere to financial agreements nor settle dues upon leaving the job?
"Leasing is a contract that obligates both parties to their respective duties. An employer who does not pay the agreed-upon salary or deducts from it without a legitimate Shar'i reason is unjust. It is permissible for someone who has a right over another, but cannot obtain it through legitimate means, to take their right secretly without exceeding it. This is known as the issue of al-Zafar (taking one's right by force), based on the narration of Hind bint Utbah with the Prophet, peace and blessings be upon him. Therefore, it is permissible for the worker to take her right from her employer's money if she finds no other way."
Summary from Ftawy's records · added here
Reviewed by El Fatwa's sharia committee.
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- Original fatwa ID
- 93697
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- Text
- Summary from Ftawy's records, reviewed by El Fatwa's sharia committee.
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