What right does an employer have if an employee wants to take a paid vacation to start another job

Fatwa ID: 01699

Answered by Mufti Mohammed Tosir Miah

Question:

Please Reply at the earliest to this query I would be very grateful to you, my query is: I work as an accountant in a company in Saudi Arabia, there is an office assistant in our company. Its been 11 months for him to join us and he will be eligible for his paid vacation next month. Luckily he got another job and he wants to apply for an emergency holiday which would be paid (expected). He want me to ask for a ticket and a paid vacation, because he wants to give himself time there for a month so that if he didn’t find the new job comfortable he can switch back to our company. if he is not coming back then also he want to come here for three days to take his paid salary during his vacation. please reply me what should I do, he is a Hindu and it doesn’t matter to him, but considering him a very poor fellow can I allow him to do so or should I report it to management about this. I look forward to hear from you. Again I would like to request you to please reply at the earliest. 

 Answer:

Bismillah

After consulting my respected teachers the answer they gave was that if within his vacation from your company he started another job and he for some reason did not like it and wants to return back to your company, then he has a right to do that.

there are a large number of verses from the Holy Quran, the words and acts of the Prophet of Allah ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him), the practice of the Companions which bring to light modes of dealing with non-Muslims by way of favour, compassion, generosity and sympathy.  When Makkah was in the grip of famine, He ṣallallāhu 'alayhi wa sallam (peace and blessings of Allāh be upon him) personally went out to help his enemies who had made him leave his hometown.  When non-Muslims prisoners of war were presented before him, he treated them with such tenderness, which many cannot claim to have done even in respect of their children.  The disbelievers inflicted upon him all sorts of injuries and pain but he never raised his hand in revenge.  A delegation from the Tribe of Banu Thaqif who had not yet embraced Islam came to visit him.  They were given the honour of staying in the Mosque of the Prophet, a place regarded by Muslims as the most honourable.

There are different degrees in terms of relations between two people or groups.  The first degree of such relations comes from the heart, that of affection and love involving intense emotional commitment.  This is called Muwalat or close friendship.  This sort of friendship is restricted to true Muslims.  A Muslim is not permitted to have this kind of relationship with a non-Muslim. 

The second degree is that of Muwasat, which means relationships based on sympathy, kindness and concern.  It includes charitable help and support and any well-meaning attitude of wishing well.  Baring disbelievers who are at war with Muslims, this kind of relationship is permissible with other non-Muslims.

Allah subḥānahu wa ta'āla (glorified and exalted be He) in the Holy Quran has said:

“Allah does not forbid you from treating those who do not fight you on your faith, nor have they driven you out of their homes, with benevolence and equity”   (Surah Mumtahinah v.8

The third degree is that of Mudarat, which means relations based on adequacy in courtesy, pleasant and friendly behaviour and mannerly politeness.  This too is permissible with all non-Muslims when the objective is to present them with some beneficial aspect of the Faith, or when they are guests, or the purpose is to stay safe from any possible harm coming to them.

The fourth degree is that of Muamalaat or dealings.  These too are permissible with non-Muslims, except when such dealings harm the general body of Muslims.  (Maariful Quran p.56-59 v.2)

Only Allah Knows Best

Mohammed Tosir Miah

Darul Ifta Birmingham

 

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