Q: I, as an employer would like to include the following conditions in my employment contract for my staff:
- All staff are to be committed to work for one full year. The employment contract is a compulsory one year contract from the beginning of the year till the end of the year, 12 months.
- With regards to termination of employment for the following year, the employee is obliged to give three months written notice before the end of the current year.
- Should the need arise for any staff to be dismissed during the current year of employment due to any irregularities, this can be put into immediate effect.
I would appreciate you to expound on them being acceptable in Shariah, with proofs of Quran and Hadith.
A: A contract is that which is agreeable to both parties (employer and the employed). If both accepted these conditions, it is import that they remain committed to the contract that they have agreed upon.
عن أبى هريرة قال قال رسول الله صلى الله عليه وسلم الصلح جائز بين المسلمين زاد أحمد إلا صلحا أحل حراما أو حرم حلالا وزاد سليمان بن داود وقال رسول الله صلى الله عليه وسلم المسلمون على شروطهم (سنن أبي داود رقم 3596)
Q: Are such conditions Shariah Compliant / Not in contravention to any of the laws of Shariah? Please answer EXPLICITLY to this specific concern with proofs of Quran and Hadith.
A: Since this is a contract. Contracts are subject to mutual agreement. Both parties have entered into an agreement mutually. Hence they should honor their commitments. We don’t know of anything which is irregular or incorrect in the contract.
عن أبى هريرة قال قال رسول الله صلى الله عليه وسلم الصلح جائز بين المسلمين زاد أحمد إلا صلحا أحل حراما أو حرم حلالا وزاد سليمان بن داود وقال رسول الله صلى الله عليه وسلم المسلمون على شروطهم (سنن أبي داود رقم 3596)
Answered by:
Mufti Ebrahim Salejee (Isipingo Beach)