Is Sick Pay Legal to Take

Fatwa ID: 04698

Answered by: Mufti Eunus Ali

 

Question:

 

Salaams Hazrat.

On the 25th of October, I was suffering from a fever, and Gastroenteritis (vomiting and diarrhoea) overnight, so I rang in to tell my employer, I am not coming in.

The next day on the morning of 26th of October, I rang in suck again. My fever had subsided, but I still expected not to have fully recovered from diarrhoea, as generally, it can take days to settle down. The agreement with the employer was, if miraculously I feel better throughout the day, I should come in and for the remainder of my shift.

As the day (26th of October) progressed, surprisingly my diarrhoea had gone, so at this point, I was obligated to back into work, but my mom raised an interesting point. she forbade anyone to visit our home because 5 members of my family were affected one after the other (me included) indicating that this viral infection is clearly contagious.

After doing some research, it can contagious up to 2 weeks from the point of recovery: https://beta.nhs.uk/symptoms/sickness-and-diarrhoea/

You’re most infectious from when your symptoms start until 2 days after they’ve passed. Stay off school or work until your symptoms have stopped for 2 days. [1]

– So, based on this discovery, I decided not to go into the work to complete the remaining hours left in the day.

 

Questions:

1) Considering officially I was given “statutory sick pay” for 26th October based on being sick, can I still accept it as halal income even though in reality my reasons for not coming to work was based on not passing on the virus to someone else? I am confident, that any employer would not allow an employee to stick around, and infect colleagues, and would instead send them home.

2) If I inform my manager of the above reason, would it this be justified, and halal under the shariah?

 

 

In the name of Allah, the Most Gracious, the Most Merciful

 

 

Answer:

 

As it was not possible to know with certainty if the illness had completely left the system, Insha Allah, the income will be halal. Along with that, there was the possibility of passing it on to others.

In addition in the link, you have provided it states that all the symptoms may have subsided does not necessarily mean that the virus has left the body or that the body has recovered to 100% and therefore an additional 2 days should be taken off.

However, if you are feeling uncomfortable about this issue you may consider discussing it with your manager for your own satisfaction and to remove any doubt.

It is narrated by Numan Bin Bashir who said: I heard the Messenger of Allah (ﷺ) say, “That which is lawful is clear and that which is unlawful is clear, and between the two of them are doubtful matters about which many people do not know. Thus he who avoids doubtful matters clears himself in regard to his religion and his honour, but he who falls into doubtful matters [eventually] falls into that which is unlawful, like the shepherd who pastures around the boundary, only grazing therein. Truly every king has a boundary, and truly Allah’s boundary is His prohibitions. Truly in the body, there is a morsel of flesh, which, if it is whole, all the body is whole, and which, if it is diseased, all of [the body] is diseased. Truly, it is the heart.” (Saheeh Bukhari)

 

Al-Hasan ibn Ali ibn Abi Talib (may Allah be pleased with him) said: I memorised from the Messenger of Allah (peace and blessings of Allah be upon him): “Leave that which makes you doubt for that which does not make you doubt. The truth brings tranquillity while falsehood sows doubt.” (Sunan Tirmizi)

 

 

Only Allah knows best

Written by Mufti Eunus Ali

Checked and approved by Mufti Mohammed Tosir Miah

Darul Ifta Birmingham

 

 

 

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