Fatwa: # 45750
Category: Jurisprudence and Rulings...
Country:
Date: 27th July 2020

Title

Employer not paying wages - how do i resolve this?

Question

Salaam

I worked at a Muslim owned business and resigned a week before lockdown was announced, i sent them an email asking for all outstanding monies to be paid out. I had no response and sent a second email the response i recieved was that due to the lockdown they haven't had time to do the payment but will do so once they back at work and i should please return the inner office key i still had, immediately after they started working again in May i returned the key but no money was forthcoming only a return email stating that they going to pay me and that i left in a hurry. I again sent them an email on 17 June and they called me to say that they will only be able to pay me by 15 July when i objected to it, i was told that they will make a plan at end of June again sent an email with no response today it is 16 July and still no payment for the work i have done. Do i inform the authorities since it is fellow Muslims or how do i resolve this. Your assistance is much appreciated since i am only getting to know the Deen and as a former Jehovah's Witness i was taught not to take my fellow brother to court.   

Answer

In the Name of Allah, the Most Gracious, the Most Merciful.

As-salāmu ‘alaykum wa-rahmatullāhi wa-barakātuh.

According to the Islamic laws of employment, the wages must be paid when it was agreed upon. If it was agreed that the salary will be paid at the end of the month, then it is the duty of the employer to pay the wages at the end of the month. To delay the payment of the salary without a justifiable excuse is sinful.

Allah Taala said:

فَإِنْ أَرْضَعْنَ لَكُمْ فَآتُوهُنَّ أُجُورَهُنَّ (طلاق: 6)

Translation- “So, if they have nursed for you, then give them their wages” (65:6)

Rasullah (Sallallahu Alaihi Wasallam) has said:

عَنْ أَبِي هُرَيْرَةَ ـ رضى الله عنه ـ عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ ‏ "‏ قَالَ اللَّهُ ثَلاَثَةٌ أَنَا خَصْمُهُمْ يَوْمَ الْقِيَامَةِ، رَجُلٌ أَعْطَى بِي ثُمَّ غَدَرَ، وَرَجُلٌ بَاعَ حُرًّا فَأَكَلَ ثَمَنَهُ، وَرَجُلٌ اسْتَأْجَرَ أَجِيرًا فَاسْتَوْفَى مِنْهُ، وَلَمْ يُعْطِ أَجْرَهُ ‏"‏‏.‏

Translation– Abu Hurairah (Radhiyallahu Anhu) narrates that Rasulullah (Sallallahu Alaihi Wasallam) said: Allah Taala said, “I will be against three people on the day of judgment. A man who takes an oath by my name, then he breaks it. A man who sells a free person and reap its benefits. And a man who employs a worker and gets the full work done by him. Then he does not pay the laborer.” (Sahih al-Bukhari 2227)

However, in this challenging time, both the employer and the employee must understand the difficult situation every individual is going through. If one is unable to pay, then both should work together to produce a mutually agreed solution. Furthermore, you may talk to an influential member of his family or friend to help you resolve this problem. If you have exhausted all avenues to get your wages, then you may take legal actions.

You may also recite the following dua to help you with this difficulty:

اللَّهُمَّ رَحْمَتَكَ أَرْجُو فَلاَ تَكِلْنِي إِلَى نَفْسِي طَرْفَةَ عَيْنٍ وَأَصْلِحْ لِي شَأْنِي كُلَّهُ لاَ إِلَهَ إِلاَّ أَنْتَ (سنن ابي داود 5090)

Translation- O Allah! I hope for your mercy. Do not abandon me to me for a blink of an eye. And make all my matter well. There is no deity besides you.” (Abu Dawud 5090)

And Allah Ta’āla Knows Best

Shakib Alam

Student - Darul Iftaa

Pennsylvania, USA

Checked and Approved by,

Mufti Ebrahim Desai.

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