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A Donation doesn`t Avail Save with Donor`s Approval

Answered according to Shafi'i Fiqh by Darul Iftaa Jordan
A public institution gives monthly bonuses to its employees and a social committee was set up there. Contribution was made voluntarily where a certain percentage is deducted from the bonuses of employees. However, less than half of them contributed to that committee. Later on, contribution was made mandatory. What is the ruling of Sharia on the deduction made without employee`s approval?

Answer:

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Solidarity and cooperation is required by Sharia since Allah the Almighty says, "Help ye one another in righteousness and piety, but help ye not one another in sin and rancour: fear Allah. for Allah is strict in punishment." {Al-Mai`dah, 2}.

If the deductions are made from the bonuses that the institution gives to its staff, then there is nothing wrong with that since they are given voluntarily. Therefore, it is permissible for the institution to make the deductions before the bonuses are handed to the employees.

However, if the deductions are made from an employee`s salary and without his/her approval, then this is impermissible because these deductions are made by force. This institution must give these amounts back to their rightful owners since a worker (Employee) deserves his/her full wages. This is attested to in the following narration: the Prophet (PHBUH) said, "Allah, the Exalted, says: 'I will contend on the Day of Resurrection against three (types of) people: One who makes a covenant in My Name and then breaks it; one who sells a free man as a slave and devours his price; and one who hires a workman and having taken full work from him, does not pay him his wages." [Related by Bukhari]. In addition, a donation is made voluntarily.

However, if the above deduction is amongst the conditions stipulated in the employment contract, then this is permissible, because the Messenger of Allah said, "Muslims are held by their conditions." {Related by Al-Hakim and others}. And Allah the Almighty knows best. 

This answer was collected from the official government Iftaa Department of Jordan.

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