Mataki na 155
Article 155
Ana ƙayyade albashi bisa ga amfanin aikin, ko amfanin ma'aikaci, ba bisa ga ilimi da/ko cancantar ma'aikaci ba. Bai kamata a sami ƙarin albashi na shekara-shekara ga ma'aikata ba. Maimakon haka, a ba su cikakken darajar albashin da suka cancanta saboda aikin da suke yi.
The salary is to be determined according to the benefit of the work, or the benefit of the employee, and not according to the knowledge and/or qualifications of the employee. There have to be no annual increments for employees. Instead, they have to be given the full value of the salary they deserve for the work they do.
Hujjar wannan maƙala ita ce ma'anar hayar a shari'ah, domin ma'anar shari'ah hukunci ne na shari'ah wanda yake daidai da ƙa'idar shari'ah, saboda an samo shi ne daga dalili ko dalilai na shari'ah ta hanyar ijtihadi daidai. Saboda haka, ana ɗaukarsa a matsayin hujja ga al'amarin da yake shafa, kamar yadda hukuncin shari'ah ake ɗaukarsa a matsayin hujja ga al'amarin da yake shafa, kuma nassin shari'ah ana ɗaukarsa a cikin waɗannan yanayi biyu a matsayin hujja ga hukuncin shari'ah da ya shafi al'amarin, ko ga ma'anar shari'ah da ta shafi al'amarin. Ma'anar hayar a shari'ah ita ce: "kwangila kan musayar wata hidima da ladan aiki", kuma hidimar a game da ma'aikaci ko dai hidimar aikin da yake yi, kamar injiniya, ko kuma hidimar kai tsaye kamar bawa; waɗannan nau'o'in hidima guda biyu su ne waɗanda kwangila za ta iya shafa, kuma ba daidai ba ne kwangila ta shafi wani abu banda su. Daga wannan an ga cewa kwangila ba za ta shafi hidimar matakin ilimi ko yawan cancanta ba, sai dai ta shafi hidimar ma'aikaci, ko dai ta hanyar ba da hidimar kai tsaye ko aikinsa. Albashi yana kasancewa musayar wannan hidima da kwangila ta shafa, kuma saboda haka abin da ake kira matakin ma'aikacin gwamnati, wato yadda ake ƙayyade darajar albashi, ba a yi shi bisa cancanta ko ilimi ba, sai dai ana ƙayyade shi ne bisa ga mutumin kansa idan zai yi aikin da kansa kamar bawa, ko bisa amfanin aikin da yake yi da gogewarsa kamar injiniya, babu wani abu banda haka, domin wannan yana cikin jituwa da ma'anar.
The evidence for the article is the Shari’ah definition of hiring, because the Shari’ah definition is a Shari’ah rule which is the same as a Shari’ah principle because it is deduced from a Shari’ah evidence or evidences through a correct Ijtihad. Accordingly, it is considered an evidence for the issue that it applies to in the same manner that the Shari’ah rule is considered an evidence for the issue that it applies to, and the Shari’ah text is considered in both of these situations to be an evidence for the Shari’ah rule which applies to the issue, or for the Shari’ah definition that applies to the issue. The Shari’ah definition of hiring is: “a contract upon an exchange of a service for remuneration”, and the service in the case of the employee is either the service of work that he carries out, such as an engineer, or a personal service such as the servant; these two types of services are the ones that the contract can apply to, and it is not correct that anything else has a contract upon it. From this, it is seen that the contract cannot apply to the service of the level of knowledge, or amount of qualifications, but rather upon the service of the employee, either by providing personal service or his work. The salary is in exchange for this service that the contract applies on, and for this reason what is termed as the grade of civil servant, in other words, how the value of the salary is set, is not done in accordance with the qualification or knowledge, but rather it is only set according to the person themselves if they were going to undertake the work themselves such as a servant, or according to the use of the work they were doing and their experience such as an engineer, and nothing else, because this is in harmony with the definition.