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Honoring decision of previous Ameer if the decision was unethical and unislamic

Answered according to Hanafi Fiqh by ShariahBoard.org

Assalam O Alekum

We are running an Islamic institutation that also has a small Madrasa. I will state the question in general terms in the interest of confidentiality. I will appreciate if you don’t make the question public.

One of the teacher was going through a divorce in the court. She asked to temporarily reduce her salary to half of the actual amount until her case is settled in the court.She asked for a new contract with half of her salary to show it to the court. The case is settled and she recieved her share. The Ameer also agreed to withhold the salary and pay her a lump sum amount after the case is over and also, reinstate her salary back to the original salary. The issue was never discussed in the Shura, it was between Ameer and the Teacher.

Now the case is settled and she is asking for withheld money and reinstatment of the full salary. The question is do we honor the promise of the previous Ameer even if it  was cheating and fooling the system, he made the promise on behlaf of the institution. The current Ameer does not want to make any unjust decision and wants to have clean account regarding this issue on the day of Judgement 

Please answer the following

Do we honor previous decision

If not, what is the best advise you have to handle this case

 

بسم اللہ الرحمن الرحیم

الجواب وباللہ التوفیق 

We are not aware of the scope and responsibilities of the former Ameer and the “Shura”. Therefore, it is difficult to interpret their decision being wrong or dishonest. However, it would have been better if the matter was brought to the notice of the council, to avoid suspicion, carelessness and disorderly conduct.

Nevertheless, if expediency can be assumed the reason, it would be correct to enforce the decision of the former Emir. But if the present Ameer and the administration decide to change the teacher’s current salary, due to their financial constraints or other considerations, they can renew the contract with the   revised salary by explaining    administrative reasons to the concerned parties.

On the issue of divorce, it should be noted that in some countries, even after divorce and ‘iddah’, certain measures are taken by the ex-wife to seek alimony from the ex-husband and also aspire to collect large sums of money. So, if the intention is to receive alimony after’ iddah’, this  practice is not permissible according to sharee’ah rules.

قط واللہ اعلم بالصواب

This answer was collected from Shariahboard.org. It was established under the supervision of the eminent faqih of our era, Hazrat Shah Mufti Mohammed Navalur Rahman damat barakatuhum.

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