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 Law
- Right 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 businesswoman
- Ḥadrat ʿĀʾishah – renowned scholar and ḥadīth narrator
- Ḥadrat Rufaydah bint Saʿd – the first professional female nurse
- Ḥadrat 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 Review
United 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 training⁶
- Reasonable adjustments for religious holidays (e.g., Eid) and daily prayer breaks, following guidance from the Equality and Human Rights Commission and ACAS⁷
- Dress 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 events
- Formal 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 term
- Ramadan 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 Ramadan
- Weekly rest: one day (typically Friday for Jumuʿah)
- Prayer and rest breaks for employees working ≥ six hours
- Ḥajj leave: up to 20 days’ unpaid leave
- Religious 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 impermissible
- Obligation 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 Hanīfah
- Imam Malik
- Imam Shāfiʿī
- Imam 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 Ḥajj
- Adjustable working hours to accommodate daily prayers
- Dress code flexibility (e.g., hijāb-friendly uniforms)
- Sick and maternity leave enhancements
- Health benefits and Islamic insurance products
- Islamic pension schemes
- Discounts at travel agents and on Ḥajj and ʿUmrah packages
- Discounts for visits to Islamic heritage sites (e.g., Spain, Turkey)
- Discounts on modest fashion and access to fashion shows
- Discounts on well-being retreats (Muslim-friendly spas)
- Discounts on Islamic mortgages and Shariah-compliant investments
- Discounts 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
