Dr. Muhammad Sharif Chaudhry :
Islam recognises the fact that wealth is jointly produced by labour and capital. Since labour is in a comparatively weaker position, Islam has taken many measure to protect its rights. Rights of labour are in fact duties of the employer and vice versa. We shall study rights of labour and the obligations of labour.
Rights of a labourer and a worker include: that a labourer should be treated as a human being and not as a beast of burden; that dignity and respect should be attached to labour and work; that reasonable wages should be fixed at the time of employment, and that wages should be promptly paid. All these rights were given by Islam to the labour some fourteen hundred years ago when there was no concept of such rights, there were no labour unions, there were no charters of demand, there was no labour movement and there was no concept of collective bargaining.
In the sight of Islam all men and women are equal. Islam has established brotherhood, fraternity and equality among the Muslims and has abolished all distinctions between man and man based on race, colour, language, nationality or wealth. In Islam rich or poor, white or black, employer or employee, Arab or non – Arab, wealthy or worker, are all equal as all the human beings hail from the same stock and belong to the same parents.
The Prophet of Islam treated his attendants as members of his family. It has been reported by Anas (Ra) that he served the Prophet (Pbuh) for a long time and the Prophet treated him well and never said ‘oof’ (an expression of condemnation) to him.
Before the times of Prophet of Islam, labour was mainly provided by the slaves. The slaves worked in commerce, agricultural sector and in household while the fruits of their labour were enjoyed by their masters. The treatment given to the slaves was very inhuman and cruel. They were ill-clad, ill-fed and mal-treated. The Prophet of Islam not only restored their human dignity but also raised their status to the level of brothers and colleagues. The Holy Qur’an says: “And serve Allah and ascribe nothing as partner unto Him. (Show) kindness unto parents, and unto near kindred, and orphans, and the needy, and unto the neighbour who is of kin and the neighbour who is not of kin, and the fellow traveller and the wayfarer and (the slaves) whom your right hands possess”. (4:36). It is reported on the authority of Abu Zarr (Ra) that the Messenger of Allah instructed his followers regarding slaves as follows: “Your brethren – Allah has placed them under your hands; whosoever’s brother Allah has placed under his hands, let him feed him out of what he himself eats, let him clothe him out of what he clothes himself with; and let him not be entrusted with a work which will overcome him. If he entrusts him with what will overcome him, let him assist him therein.” (Bukhari and Muslim)
Besides ensuring human treatment and dignity and respect to labour, Islam provided for fixation and prompt payment of wages. Following measures were recommended by Prophet Muhammad (PBUH) in this behalf :-
(a) The employers are required to fix the wages before the workers are employed. It was declared unlawful to employ any labourer at work without fixing his wages. It is reported by Abu Saeed Khudri (Ra) that the Holy Prophet had forbidden to employ any labourer or worker without first fixing his wages.
(b) Following traditions of the Prophet enjoin the believers to pay the wages without any delay:-
Abu Hurairah (Ra) reported that the Messenger of Allah said: The Almighty Allah said : There will be three persons whose opponent I shall become on the Resurrection Day: A man who gave in My name and then broke trust, and a man who sold a free man and enjoyed his price, and a man who engaged a labourer and enjoyed full labour from him but did not pay him his wages. (Bukhari)
Abdullah-b-Umar (Ra) reported that the Messenger of Allah said: Pay the labourer his wages before his sweat dries up. (Ibn Majah)
About the prompt payment of wages, the Holy Qur’an in the following verse refers to the story of Moses when he fled from Egypt and went to Madain where he helped two women in watering their fleet of sheep and was paid his wages promptly by their father. The verse reads: Then there came unto him one of the two women, walking shyly. She said: Lo! my father biddeth thee, that he may reward thee with a payment for that thou didst water (the flock) for us. Then, when he came unto him and told him the (whole) story, he said: Fear not! Thou hast escaped from the wrong folk. (28:25)
The Prophet of Islam also enjoined upon his followers not to burden their employees with heavy work which is beyond the physical strength of the latter to do. If the work is heavy and the employee cannot do it, the employer should help him in doing that. Hadith reported by Abu Zarr (Ra) in Bukhari and Muslim which has been reproduced above can be cited in this connection.
he Holy Prophet was so kind to his servants that if any of them was sick, he would visit him and enquire about his health. Caliph Umar is reported to have made it one of the duties of government officers to look after the sick particularly slaves and servants. From this it has been deduced by the jurists that employers should make adequate provision for medical treatment of their employees.
The obligations of labour are in fact the rights of the employer. It is the basic obligation of the worker to fulfil the terms of his part of the contract of service. He should discharge all of his duties in accordance with terms and conditions of his service efficiently and honestly. He should be devoted and committed to his job. If he is provided some in-service training to improve his skills and qualifications, he should whole heartedly benefit from the training facility and should leave no stone unturned to improve his knowledge and skill. He is morally bound to remain loyal and sincere to his employer and no temptation or bribe should induce him to work against the interest of his master. In case he is entrusted with the property of his employer, he should prove trustworthy and should neither embezzle nor damage such property.
Traditions of the Prophet of Islam which highlight the responsibilities and duties of an employee are related below:
‘Abdullah (Ra) reported that the Apostle of Allah (may peace be upon him) said: “When a slave sincerely works for his master, and worships (Allah) well there is for him double reward.” (Bukhari)
Abu Huraira (Ra) reported that the Apostle of Allah (may peace be upon him) said: “How excellent is (the slave) which one of you has? He worships his Lord well and is a well-wisher of his master.” (Bukhari)
Physical fitness is very essential for efficiency of labour. A strong and healthy worker would be more productive and efficient than a weak and sickly one. Similarly a trustworthy and honest worker who realised his duties will be more committed and responsible than a dishonest one. These qualities have been prescribed by the Qur’an for an ordinary labour in the story of Moses in the following verse: One of the two women said: O my father ! Hire him! For the best (man) that thou canst hire is the strong, the trustworthy. (28:26)
Thus a worker should be both physically strong and trustworthy and should serve his employer diligently, efficiently and honestly.
For a mental worker, it is essential that he should have knowledge and skill and thus he should be able to serve in a position of responsibility to the satisfaction of his employer. These qualities have been stressed when the Qur’an relates the story of Joseph who was appointed incharge of storehouses of Egyptian empire. The relevant verse of the Holy Book reads : “He said: Set me over the storehouses of the land. Lo! I am a skilled custodian.” (12:55)
Thus qualifications of skill and trustworthiness would enable the worker to discharge the duties of his office with professional competence and integrity.
Labour, as we have already submitted, is very important factor of production and its remuneration is called wages. The term ‘wages’ may be used in a narrow or a wide sense. In the wide sense, it means payment made for the services of labour. In the narrow sense, “a wage may be defined as a sum of money paid under contract by an employer to a worker for services rendered.” But generally in Economics the term ‘wage’ is used in a wide sense and it means the share of the national dividend which goes to those who work with their hands or brains, whether independently or for an employer.
The problem of wages is very important as it effects the whole society. If the workers do not get fair and reasonable wages, it will not only affect their subsistence but also their purchasing power. And if a large portion of population like labourers have no purchasing power, it would adversely effect all those industries which are supplying consumer goods to the working class. Moreover, injustice to working class would lead to discontentment, frustration, agitation and strikes. Thus if the labourers are deprived of their just share from the national income, it would be in the long run an economic suicide’ for a country.
Various theories have been propounded by modern ‘economists for determination of wages. According to ‘Subsistence Theory’, wages tend to settle a level just sufficient to maintain the worker and his family at minimum subsistence. ‘Wages Fund Theory’ explains that ‘wages’ depend upon the demand and supply of labour. ‘Residual Claimant Theory ‘states that wages are the residue left over after the other factors of production have been paid. According to ‘Marginal Productivity Theory’, under condition of perfect competition every worker of same skill and efficiency in a given category will receive a wage equal to the value of the marginal product of that type of labour. Thus there is no agreement among the economists about the problem how the wages are to be determined.
Islam offers a very reasonable solution of wage problem which is based on justice and fairness and protects the interests of both the employer and the employee. Wages, according to Islam, are to be determined in equitable manner, without harming the interests of any party, keeping in view the following Islamic teachings:
(1) Wrong not, and ye shall not be wronged. (Al-Qur’an 2:279)
(2) Lo! Allah enjoineth justice and kindness……….(Al-Qur’an 16:90)
(3) Abu Dhar (Ra) reports that the Holy Prophet (Sm) said: “They (your slaves or servants) are your brethren, Allah has placed them under your control; so whoever has his brother under his control should feed him from what he (himself) eats and give him clothes the like of which he (himself) wears; and do not impose on them task which should be too hard for them, and if you impose on them such a task, then help them (in doing it).” (Bukhari, Muslim)
Thus the employer and the employee should treat one another as brothers and not as master and servant. They should not wrong each other and show justice and kindness in their relationship. The employer should not forget that contribution of the labour in his produce is considerable. He should, therefore, pay reasonable wages to an employee to enable him to enjoy a reasonably decent living.
The minimum wage rate in an Islamic society will be determined keeping in view the basic human needs which include food, clothing, house, education and health. A worker shall be paid adequate wages so that he can meet expenses on his and his family’s basic needs. The labourer should be provided for his children’s education and medical treatment of his ownself and his family. It is reported that Prophet Muhammad (Pbuh) used to prescribe minimum wages of a person engaged for some government job with a view to provide him decent living.
This yardstick fixed by the final Prophet of Islam should be kept in view while fixing minimum wages in an Islamic state.
Employment of labour by a capitalist is a civil contract and it is recommended by Islam that all contracts should be reduced into black and white. Stressing the importance of writing down of contract, al-Qur’an, the revealed book of Islam, states: “………..Be not averse to writing down (the contract) whether it be small or great, with (record of) the term thereof. That is more equitable in the sight of Allah and more sure for testimony, and the best way of avoiding doubt between you……..” (2:282) Although the instructions of the Qur’an in this verse pertain to business transactions and contracts of debt, but in fact they are applicable to every type of contract. Thus it would be most appropriate if contract of service between an employer and an employee is also reduced in writing and all the terms settled between the parties are recorded in this contract. It is equitable in the sight of Allah and it would help resolving differences or disputes which may arise in future between the employer and the employee.
The Holy Qur’an itself talks of a contract of service in the story of Prophet Musa (As) in its chapter 28. After leaving Egypt when he reached Midian and helped daughters of Shuaib (As), Shuaib (As) called him and offered him employment which was accepted by Musa (As). The relevant verses of the Qur’an throw light on this contract of service and terms thereof as follows:
He said: Lo! I fain would marry thee to one of these two daughters of mine on condition that thou hirest thyself to me for (the term of) eight pilgrimages. Then if thou completest ten it will be of thine own accord, for I would not make it hard for thee. Allah willing, thou will find me of the righteous. He said: That (is settled) between thee and me. Which-ever of the two terms I fulfil, there will be no injustice to me, and Allah is Surety over what we say. -(28:27-28)
In the above mentioned verses the Holy Qur’an not only makes mention of the terms of service settled between two righteous men of Allah but also points out that both the parties to the contract resolved to fulfil its terms and made Allah surely over it. The employers and the employee of today should follow this example and should not only write down the terms and conditions of service but should also express their determination to fulfil the same. It would help them in resolving their mutual disputes and thus make their life peaceful and prosperous.
-http://www.muslimtents.com
Islam recognises the fact that wealth is jointly produced by labour and capital. Since labour is in a comparatively weaker position, Islam has taken many measure to protect its rights. Rights of labour are in fact duties of the employer and vice versa. We shall study rights of labour and the obligations of labour.
Rights of a labourer and a worker include: that a labourer should be treated as a human being and not as a beast of burden; that dignity and respect should be attached to labour and work; that reasonable wages should be fixed at the time of employment, and that wages should be promptly paid. All these rights were given by Islam to the labour some fourteen hundred years ago when there was no concept of such rights, there were no labour unions, there were no charters of demand, there was no labour movement and there was no concept of collective bargaining.
In the sight of Islam all men and women are equal. Islam has established brotherhood, fraternity and equality among the Muslims and has abolished all distinctions between man and man based on race, colour, language, nationality or wealth. In Islam rich or poor, white or black, employer or employee, Arab or non – Arab, wealthy or worker, are all equal as all the human beings hail from the same stock and belong to the same parents.
The Prophet of Islam treated his attendants as members of his family. It has been reported by Anas (Ra) that he served the Prophet (Pbuh) for a long time and the Prophet treated him well and never said ‘oof’ (an expression of condemnation) to him.
Before the times of Prophet of Islam, labour was mainly provided by the slaves. The slaves worked in commerce, agricultural sector and in household while the fruits of their labour were enjoyed by their masters. The treatment given to the slaves was very inhuman and cruel. They were ill-clad, ill-fed and mal-treated. The Prophet of Islam not only restored their human dignity but also raised their status to the level of brothers and colleagues. The Holy Qur’an says: “And serve Allah and ascribe nothing as partner unto Him. (Show) kindness unto parents, and unto near kindred, and orphans, and the needy, and unto the neighbour who is of kin and the neighbour who is not of kin, and the fellow traveller and the wayfarer and (the slaves) whom your right hands possess”. (4:36). It is reported on the authority of Abu Zarr (Ra) that the Messenger of Allah instructed his followers regarding slaves as follows: “Your brethren – Allah has placed them under your hands; whosoever’s brother Allah has placed under his hands, let him feed him out of what he himself eats, let him clothe him out of what he clothes himself with; and let him not be entrusted with a work which will overcome him. If he entrusts him with what will overcome him, let him assist him therein.” (Bukhari and Muslim)
Besides ensuring human treatment and dignity and respect to labour, Islam provided for fixation and prompt payment of wages. Following measures were recommended by Prophet Muhammad (PBUH) in this behalf :-
(a) The employers are required to fix the wages before the workers are employed. It was declared unlawful to employ any labourer at work without fixing his wages. It is reported by Abu Saeed Khudri (Ra) that the Holy Prophet had forbidden to employ any labourer or worker without first fixing his wages.
(b) Following traditions of the Prophet enjoin the believers to pay the wages without any delay:-
Abu Hurairah (Ra) reported that the Messenger of Allah said: The Almighty Allah said : There will be three persons whose opponent I shall become on the Resurrection Day: A man who gave in My name and then broke trust, and a man who sold a free man and enjoyed his price, and a man who engaged a labourer and enjoyed full labour from him but did not pay him his wages. (Bukhari)
Abdullah-b-Umar (Ra) reported that the Messenger of Allah said: Pay the labourer his wages before his sweat dries up. (Ibn Majah)
About the prompt payment of wages, the Holy Qur’an in the following verse refers to the story of Moses when he fled from Egypt and went to Madain where he helped two women in watering their fleet of sheep and was paid his wages promptly by their father. The verse reads: Then there came unto him one of the two women, walking shyly. She said: Lo! my father biddeth thee, that he may reward thee with a payment for that thou didst water (the flock) for us. Then, when he came unto him and told him the (whole) story, he said: Fear not! Thou hast escaped from the wrong folk. (28:25)
The Prophet of Islam also enjoined upon his followers not to burden their employees with heavy work which is beyond the physical strength of the latter to do. If the work is heavy and the employee cannot do it, the employer should help him in doing that. Hadith reported by Abu Zarr (Ra) in Bukhari and Muslim which has been reproduced above can be cited in this connection.
he Holy Prophet was so kind to his servants that if any of them was sick, he would visit him and enquire about his health. Caliph Umar is reported to have made it one of the duties of government officers to look after the sick particularly slaves and servants. From this it has been deduced by the jurists that employers should make adequate provision for medical treatment of their employees.
The obligations of labour are in fact the rights of the employer. It is the basic obligation of the worker to fulfil the terms of his part of the contract of service. He should discharge all of his duties in accordance with terms and conditions of his service efficiently and honestly. He should be devoted and committed to his job. If he is provided some in-service training to improve his skills and qualifications, he should whole heartedly benefit from the training facility and should leave no stone unturned to improve his knowledge and skill. He is morally bound to remain loyal and sincere to his employer and no temptation or bribe should induce him to work against the interest of his master. In case he is entrusted with the property of his employer, he should prove trustworthy and should neither embezzle nor damage such property.
Traditions of the Prophet of Islam which highlight the responsibilities and duties of an employee are related below:
‘Abdullah (Ra) reported that the Apostle of Allah (may peace be upon him) said: “When a slave sincerely works for his master, and worships (Allah) well there is for him double reward.” (Bukhari)
Abu Huraira (Ra) reported that the Apostle of Allah (may peace be upon him) said: “How excellent is (the slave) which one of you has? He worships his Lord well and is a well-wisher of his master.” (Bukhari)
Physical fitness is very essential for efficiency of labour. A strong and healthy worker would be more productive and efficient than a weak and sickly one. Similarly a trustworthy and honest worker who realised his duties will be more committed and responsible than a dishonest one. These qualities have been prescribed by the Qur’an for an ordinary labour in the story of Moses in the following verse: One of the two women said: O my father ! Hire him! For the best (man) that thou canst hire is the strong, the trustworthy. (28:26)
Thus a worker should be both physically strong and trustworthy and should serve his employer diligently, efficiently and honestly.
For a mental worker, it is essential that he should have knowledge and skill and thus he should be able to serve in a position of responsibility to the satisfaction of his employer. These qualities have been stressed when the Qur’an relates the story of Joseph who was appointed incharge of storehouses of Egyptian empire. The relevant verse of the Holy Book reads : “He said: Set me over the storehouses of the land. Lo! I am a skilled custodian.” (12:55)
Thus qualifications of skill and trustworthiness would enable the worker to discharge the duties of his office with professional competence and integrity.
Labour, as we have already submitted, is very important factor of production and its remuneration is called wages. The term ‘wages’ may be used in a narrow or a wide sense. In the wide sense, it means payment made for the services of labour. In the narrow sense, “a wage may be defined as a sum of money paid under contract by an employer to a worker for services rendered.” But generally in Economics the term ‘wage’ is used in a wide sense and it means the share of the national dividend which goes to those who work with their hands or brains, whether independently or for an employer.
The problem of wages is very important as it effects the whole society. If the workers do not get fair and reasonable wages, it will not only affect their subsistence but also their purchasing power. And if a large portion of population like labourers have no purchasing power, it would adversely effect all those industries which are supplying consumer goods to the working class. Moreover, injustice to working class would lead to discontentment, frustration, agitation and strikes. Thus if the labourers are deprived of their just share from the national income, it would be in the long run an economic suicide’ for a country.
Various theories have been propounded by modern ‘economists for determination of wages. According to ‘Subsistence Theory’, wages tend to settle a level just sufficient to maintain the worker and his family at minimum subsistence. ‘Wages Fund Theory’ explains that ‘wages’ depend upon the demand and supply of labour. ‘Residual Claimant Theory ‘states that wages are the residue left over after the other factors of production have been paid. According to ‘Marginal Productivity Theory’, under condition of perfect competition every worker of same skill and efficiency in a given category will receive a wage equal to the value of the marginal product of that type of labour. Thus there is no agreement among the economists about the problem how the wages are to be determined.
Islam offers a very reasonable solution of wage problem which is based on justice and fairness and protects the interests of both the employer and the employee. Wages, according to Islam, are to be determined in equitable manner, without harming the interests of any party, keeping in view the following Islamic teachings:
(1) Wrong not, and ye shall not be wronged. (Al-Qur’an 2:279)
(2) Lo! Allah enjoineth justice and kindness……….(Al-Qur’an 16:90)
(3) Abu Dhar (Ra) reports that the Holy Prophet (Sm) said: “They (your slaves or servants) are your brethren, Allah has placed them under your control; so whoever has his brother under his control should feed him from what he (himself) eats and give him clothes the like of which he (himself) wears; and do not impose on them task which should be too hard for them, and if you impose on them such a task, then help them (in doing it).” (Bukhari, Muslim)
Thus the employer and the employee should treat one another as brothers and not as master and servant. They should not wrong each other and show justice and kindness in their relationship. The employer should not forget that contribution of the labour in his produce is considerable. He should, therefore, pay reasonable wages to an employee to enable him to enjoy a reasonably decent living.
The minimum wage rate in an Islamic society will be determined keeping in view the basic human needs which include food, clothing, house, education and health. A worker shall be paid adequate wages so that he can meet expenses on his and his family’s basic needs. The labourer should be provided for his children’s education and medical treatment of his ownself and his family. It is reported that Prophet Muhammad (Pbuh) used to prescribe minimum wages of a person engaged for some government job with a view to provide him decent living.
This yardstick fixed by the final Prophet of Islam should be kept in view while fixing minimum wages in an Islamic state.
Employment of labour by a capitalist is a civil contract and it is recommended by Islam that all contracts should be reduced into black and white. Stressing the importance of writing down of contract, al-Qur’an, the revealed book of Islam, states: “………..Be not averse to writing down (the contract) whether it be small or great, with (record of) the term thereof. That is more equitable in the sight of Allah and more sure for testimony, and the best way of avoiding doubt between you……..” (2:282) Although the instructions of the Qur’an in this verse pertain to business transactions and contracts of debt, but in fact they are applicable to every type of contract. Thus it would be most appropriate if contract of service between an employer and an employee is also reduced in writing and all the terms settled between the parties are recorded in this contract. It is equitable in the sight of Allah and it would help resolving differences or disputes which may arise in future between the employer and the employee.
The Holy Qur’an itself talks of a contract of service in the story of Prophet Musa (As) in its chapter 28. After leaving Egypt when he reached Midian and helped daughters of Shuaib (As), Shuaib (As) called him and offered him employment which was accepted by Musa (As). The relevant verses of the Qur’an throw light on this contract of service and terms thereof as follows:
He said: Lo! I fain would marry thee to one of these two daughters of mine on condition that thou hirest thyself to me for (the term of) eight pilgrimages. Then if thou completest ten it will be of thine own accord, for I would not make it hard for thee. Allah willing, thou will find me of the righteous. He said: That (is settled) between thee and me. Which-ever of the two terms I fulfil, there will be no injustice to me, and Allah is Surety over what we say. -(28:27-28)
In the above mentioned verses the Holy Qur’an not only makes mention of the terms of service settled between two righteous men of Allah but also points out that both the parties to the contract resolved to fulfil its terms and made Allah surely over it. The employers and the employee of today should follow this example and should not only write down the terms and conditions of service but should also express their determination to fulfil the same. It would help them in resolving their mutual disputes and thus make their life peaceful and prosperous.
-http://www.muslimtents.com
