المقالات الإسلامية المتنوعة

This article examines Islamic employment law as derived from the Qurʾān and Sunnah, and explores its application in the UK, Canada, France, the UAE, and Qatar. It also reviews Islamic legal opinions (fatāwā) and court judgments to ascertain scholarly consensus, considers women’s rights to employment, surveys employee benefits and motivational rewards, and explains the underlying rationale via the Five Maqāṣid al-Sharīʿah.

Work brings mental, physical, and spiritual benefits for the Muslim believer. The paramount goal is to secure an employment contract that guarantees rights and provisions fully aligned with Islamic teachings.

Core Employee Rights in Islamic LawRight to Timely Remuneration “Give the employee his salary before his sweat dries.”¹
Employees must receive their agreed wages promptly, ensuring financial independence and participation in the Islamic economy.Right Not to Be Overworked “Allah does not burden a soul except within its capacity.”²
Employers must not impose work beyond an employee’s physical or mental capacity.Right to Justice and Fair Treatment “O you who believe, stand firmly for justice.”³
Oppression in any form is forbidden—this includes denying time or support for obligatory acts of worship (ṣalāh) or any other unjust treatment.Right to Lawful (Ḥalāl) Work
Work must be free from riba (usury), alcohol, pork, and other ḥarām activities. “And say, ‘Do [righteous] deeds; Allah will observe your deeds, and His Messenger and the believers, and you will be returned to the Knower of the unseen and the witnessed, and He will inform you of what you used to do.’”⁴ “O messengers, enjoy all things good and pure and work righteousness; for I am well acquainted with all that you do. And verily this community of yours is a single community. And I am your Lord and cherisher; therefore, be conscious of Me.”⁵

There are seventeen Qurʾānic āyāt that address aspects of work and employment.

Women’s Right to Work Under Islamic Employment Law

Islamic history offers numerous examples of women in professional roles:

Ḥadrat Khadījah – successful businesswomanḤadrat ʿĀʾishah – renowned scholar and ḥadīth narratorḤadrat Rufaydah bint Saʿd – the first professional female nurseḤadrat Umm-e-Ammārah – participated in military service

Today, the internet enables many women to run home-based businesses and contribute to the ḥalāl economy. Islam unequivocally affirms women’s right to seek and hold gainful employment.

Global Applications of Islamic Employment Law: A Comparative ReviewUnited Kingdom

Under the Equality Act 2010, “religion or belief” is a protected characteristic. Employers must implement:

Bullying and harassment policies to protect against religious persecution, supported by staff training⁶Reasonable adjustments for religious holidays (e.g., Eid) and daily prayer breaks, following guidance from the Equality and Human Rights Commission and ACAS⁷Dress code accommodations, such as permitting the hijāb (e.g., the Metropolitan Police allow hijāb for female constables)Inclusivity measures, including prayer rooms, ḥalāl food in canteens, and non-alcoholic drinks at work eventsFormal policies enabling employees to request annual leave for Ḥajj or flexible hours for ṣalāh breaks Canada

Under the Canadian Charter of Rights and Freedoms (1982), employers must accommodate religious practices—Sabbath observance, holy-day leave, prayer breaks, and religious dress—unless doing so causes undue hardship. Courts balance employee rights against employer constraints on a “reasonable in the circumstances” basis.⁸

France

French labour law (Art L 112-1 and Art L 1132-1 of the Code du travail) and the European Convention on Human Rights protect religious beliefs. Employers may restrict religious expression only if justified by the job’s nature and proportionate to the objective.⁹

Leave requests for religious duties must be treated like other leave, without requiring disclosure of the reason (e.g., Ḥajj or Ramadan).Courts in a secular state often refrain from enforcing extra religious leave, but employers should consider health-related adjustments—such as reduced hours for fasting employees—provided these hours are made up later.United Arab Emirates

The UAE’s official portal lists public holidays: three days of Eid al-Fiṭr, ʿArafah Day, Hijri New Year, Mawlid, and Western New Year.¹⁰

Ḥajj leave: unpaid; up to 30 days; once per employment termRamadan hours: six-hour workday (instead of eight)Special ifṭār meals in staff canteens

Suggestions for enhancement: paid Ḥajj leave; discounted Ḥajj packages as employee benefits; Islamic travel insurance; enshrining a minimum of 45 optional annual leave days (including Eid, Ḥajj, and Ramadan); automatic grant of religious leave upon request.

Qatar

According to Pinsent Masons:

Work hours: eight hours daily; six during RamadanWeekly rest: one day (typically Friday for Jumuʿah)Prayer and rest breaks for employees working ≥ six hoursḤajj leave: up to 20 days’ unpaid leaveReligious non-discrimination applies even for Muslim employers¹¹

Muslim-majority countries can lead internationally by institutionalizing robust religious rights for all workers.

Fatwas and Islamic Legal Opinions in Employment Law

When the Qurʾān and Sunnah are silent, a qualified muftī issues a fatwā via ijtihād. Online Q&A platforms and bodies such as the Islamic Shariʿah Council in Scotland and the Islamic Sharia Council in the UK provide free fatāwā.¹² Examples:

Working in banks dealing with riba: ruled impermissibleObligation to provide prayer rooms under equality law: affirmed

Fatāwā may be cited in domestic courts or included as amicus curiae opinions to support employees’ rights in litigation.

Schools of Islamic Jurisprudence

All four major Sunni schools concur that employment is an ʿijārah contract:

Imam Abu HanīfahImam MalikImam ShāfiʿīImam Ahmad

Minor differences exist regarding specific contractual terms. A detailed discussion appears in the leading textbook Mukhtasar al-Muḳhṭārī.¹³

Addressing Islamophobia in the Workplace

Research by Farrer & Co highlights workplace Islamophobia. Though not always legally defined, such discrimination may be addressed under criminal law, employment law, and equality legislation. Employers must proactively prevent bullying and discriminatory behavior toward Muslims.¹⁴

Employee Benefits Under Islamic Employment Law

To fully include Muslim employees, organisations should consider embedding into their terms and conditions:

Flexible holidays for Eid and ḤajjAdjustable working hours to accommodate daily prayersDress code flexibility (e.g., hijāb-friendly uniforms)Sick and maternity leave enhancementsHealth benefits and Islamic insurance productsIslamic pension schemesDiscounts at travel agents and on Ḥajj and ʿUmrah packagesDiscounts for visits to Islamic heritage sites (e.g., Spain, Turkey)Discounts on modest fashion and access to fashion showsDiscounts on well-being retreats (Muslim-friendly spas)Discounts on Islamic mortgages and Shariah-compliant investmentsDiscounts in online shops for Islamic books and perfumes

This list is illustrative and may be expanded.

Maqāṣid al-Sharīʿah and Employment

Upholding workers’ rights serves the Five Maqāṣid al-Sharīʿah:

Preservation of dīn (religion)Preservation of nafs (life)Preservation of ʿaql (intellect)Preservation of nasl (lineage)Preservation of māl (wealth)

Fair contracts particularly protect wealth by promoting economic justice and fair trade.

Conclusion: The Future of Islamic Employment Law

Islamic employment law is continually evolving. Employers, employees, and policymakers must collaborate to implement comprehensive legal frameworks that safeguard the rights of the Muslim ummah in today’s global economy. This article aims to stimulate further debate and action worldwide.

By Nabela K M Ahmad