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Forfeiting one’s holiday if it is not taken in a certain time

Answered according to Hanafi Fiqh by Muftionline.co.za

Q: I am working for a Muslim family in their warehouse for more than 5 years. I have never been on holiday nor been paid for working in the holiday. When I asked them they told me that my 5 year holidays were gone (as per the law in our country). I know that by Allah, no right can be lost.

Note: Over these 5 years I thought I don’t have a right of holiday as I work a few hours a week. No one from this family told me that I have a right for holiday. 

Bismillaah

A: The holiday structure is with an understanding and agreement between the employer and employee. The holidays must be taken in a certain time in a certain manner. If it is not taken within that time then you forfeit that right.

And Allah Ta’ala (الله تعالى) knows best.

 

Answered by:

Mufti Ebrahim Salejee (Isipingo Beach)

This answer was collected from MuftiOnline.co.za, where the questions have been answered by Mufti Zakaria Makada (Hafizahullah), who is currently a senior lecturer in the science of Hadith and Fiqh at Madrasah Ta’leemuddeen, Isipingo Beach, South Africa.

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