When Is Ownership of a Wage Established? An Objection to the Employees’ Fund Based on a Passage of al-Hidaya
Question
In some madrasas a kind of fund has been instituted for teachers and employees, in which, on completion of the month, a certain portion is cut from the salary and kept deposited with the madrasa, and the madrasa adds something to it from its own side; in this way an amount is accumulated for them which will be given to them when their employment ends, so that he may not face hardship at that time. Now the question here is that, according to the explanation of the author of al-Hidaya, the hired worker (ajir)
Answer
In al-Hidaya, by the establishment of ownership is meant not ownership in reality but entitlement to ownership, as is evident from the chapter heading: “Chapter on when the wage becomes due” (باب الأجر متى يستحق), and in the base text (matn)
Source: Fatawa Mahmudiyya
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