5.4 Ish haqi
5.4 Wage for Work
Shartga ko'ra, ijara evaziga beriladigan mol-mulk shunday guvohlik va tavsif bilan belgilanishi kerakki, u haqida har qanday noaniqlik bartaraf etilsin. Chunki Payg'ambar ﷺ shunday degan: "Kimki birovni ishga yollasa, unga ish haqini aytib qo'yishi kerak." Ijara uchun to'lov pul bilan, pulsiz, mol-mulk bilan yoki foyda ko'rinishida bo'lishi mumkin. Narx bo'la oladigan har bir narsa to'lov bo'la oladi, u tovar bo'ladimi yoki foyda, faqat ma'lum bo'lishi sharti bilan; agar noma'lum bo'lsa, u bekor bo'ladi. Shunday ekan, agar kishi ekinni o'rish uchun o'rilgan hosilning bir qismi evaziga yollansa, bu joiz emas, chunki ish haqi noma'lum. Lekin agar bir sa' yoki ikki sa' evaziga yollansa, bu joizdir. Ishchini uning ovqati va kiyimi uchun yollash ham, yoki ish haqi bilan birga ovqat va kiyim berish ham joizdir, chunki bu bolani emizuvchi ayolning holatida joiz bo'lgan. Alloh (SWT) shunday degan:
It is stipulated that property paid in return for hiring should be known by such witness and description so as to remove any uncertainty about it. Because the Prophet (pbuh) (pbuh) said: “Whosoever hired a person He has to inform Him about his wage.” Recompense for hiring is allowed to be monetary, non-monetary, property or a benefit. Anything that is allowed to be a price is allowed to be a recompense, whether it was a commodity or a benefit, on condition that it is known; but if it was unknown it would be invalid. So if a person was hired to reap a harvest for a part of the reaped harvest as a wage it is not allowed because the wage is unknown. While if He is hired for one Sa’a (a cubic measure) or two, it is allowed. The worker is allowed to be hired also for his food and clothing, or can be given a wage together with his food and clothing, because this is allowed in the case of the woman who suckles the infant. Allah (swt) said:
"Bola otasining zimmasidadir, ona-onalarni munosib tarzda boqish va kiyintirish" [Al-Baqara: 233]. Demak, ular emizgani uchun ish haqi sifatida o'zlarining rizqi va kiyimiga haqli edilar. Agar bu emizuvchi ona holatida ruxsat etilgan bo'lsa, boshqa holatlarda ham ruxsat etiladi, chunki bunday holatlarning barchasi ijara masalalari hisoblanadi.
“The duty of feeding and clothing and nursing mothers in a seemly manner is upon the father of the child” [Al-Baqarah: 233] So they were entitled to their provision and clothing as a wage for suckling. If this was allowed in the case of the nursing mother then it is allowed in other cases because such cases are all considered as questions of hiring.
Qisqacha aytganda, ish haqi shunday belgilanishi kerakki, u haqidagi har qanday noaniqlikni bartaraf etsin, shunda u nizosiz to'liq ado etilishi mumkin bo'lsin, chunki barcha shartnomalar asosan odamlar o'rtasidagi nizolarni bartaraf etish uchun tuziladi. Ishni boshlashdan oldin ish haqi kelishib olinishi kerak va ishchini ish haqi ustida kelishmasdan turib ishga olish makruh hisoblanadi. Agar ish uchun yollash shartnoma asosida amalga oshirilgan bo'lsa, ishchi shartnoma kuchi bilan ish haqiga egalik qiladi, ammo ish tugamaguncha uni unga topshirish majburiy emas. Shundan so'ng uni darhol ishchiga topshirish kerak, chunki Payg'ambar ﷺ shunday degan: "Qiyomat kuni men uchta kishiga qarshi bo'laman: mening nomimdan va'da bergan, keyin esa aldagan kishi; erkin odamni sotib, uning pulini yeb qo'ygan kishi; ishchini yollab, undan to'liq ish olgan, ammo unga haqini bermagan kishi". Buni Buxoriy Abu Hurayradan rivoyat qilgan. Ammo agar ish haqini kechiktirish sharti bo'lsa, u belgilangan muddatgacha kechiktirilishi kerak. Agar shartda ish haqi kunlik, oylik yoki undan kam yoki ko'p muddatli bo'lib to'lanishi aytilgan bo'lsa, belgilangan muddat ikki tomon kelishgan muddatdir. Ish beruvchi ishning foydasini to'liq olishi shart emas, balki ishchi o'zini foydalanishga tayyor qilib qo'yishi kifoya, shunda ish haqi ish beruvchi zimmasida vojib bo'ladi. Shunday qilib, agar kishi shaxsiy xizmatchini uyida xizmat qilish uchun yollasa va ishchi ularning uyiga kelib, o'zini uning ixtiyoriga qo'ysa, ish beruvchi undan foydalanishi mumkin bo'lgan muddat oxirida u ish haqiga loyiq bo'ladi. Shartnoma ish beruvchi to'liq qabul qilmagan xizmat uchun bo'lsa ham, ish beruvchi uni olishga imkoniyat ega bo'lgani ishchi ish haqiga loyiq bo'lishi uchun kifoyadir. Chunki kamchilik ishchi tomonidan emas, balki ish beruvchi tomonidandir. Lekin oddiy ishchi uchun, agar u ma'lum bir ishni bajarish uchun ishga olingan bo'lsa, u ishni o'z nazorati ostida saqlagan holda bajaradi, masalan, o'z dukonida bo'yoq chizadigan rassom va o'z dukonida ishlaydigan tikuvchi kabi. Shunday ekan, ishni bajarish mas'uliyati u mijozga topshirmaguncha tugamaydi va u ishni tugatib topshirmaguncha o'z haqiga loyiq bo'lmaydi. Buning sababi shundaki, shartnoma qilingan narsa uning nazorati ostida bo'ladi va u mijozga topshirmaguncha mas'uliyatdan xalos bo'lmaydi. Xuddi shuningdek, ishni ish beruvchining hududida bajarish shartnoma qilinishi mumkin. Masalan, agar ish beruvchi tikuvchini yoki rassomni uyiga olib kelib, uning uchun tikish yoki bo'yash ishini qildirsa, u holda ishchi ishni tugatganida ish bo'yicha mas'uliyatdan xalos bo'ladi va o'z haqiga loyiq bo'ladi, chunki u ish beruvchining nazorati ostida bo'lgan va shu tariqa ish darhol topshirilgan hisoblanadi.
In short, the wage should be defined in a manner that removes any ignorance about it, so that it can be duly fulfilled without dispute, because all contracts are originally laid down to remove disputes among people. Before starting the work, the wage has to be agreed upon, and it is disliked (Makruh) to use a worker before agreeing with Him over his wage. If the hiring over a work was contracted, the worker is appropriated the wage by the force of the contract, but it is not obligatory to hand it over to Him until the work is finished. Thereafter, it should be immediately handed over to him, due to the saying of the Prophet (pbuh) (pbuh): “There are three persons of whom I am their opponent on the Day of Judgement: A man who gave (a word) in my name then He deceived, a man who sold a free person and devoured his price, and a man who hired a worker where He received (the work) from Him in full and did not give Him his wage”, narrated by Bukhari from Abu Hurairah. But if there was a condition to delay the wage, then it should be delayed to its fixed time. If the condition states that the wage is in instalments daily, monthly, or less, or more than that, then the fixed time is that which the two parties agreed upon. It is not necessary that the employer actually receives the benefit in full, rather it is enough that the worker makes himself available to be used, so that the wage becomes due from the employer. So, if a person hired a private worker to serve Him in his house, and the worker came to their house and put himself at his disposal, then He deserves the wage by the end of the time period in which He could have been used by the employer. Even though the contract is for a service which may not have been fully received by the employer, enabling the employer to receive it even if He did not, this is enough for the worker to deserve the wage. This is because the shortcoming is from the side of the employer rather than the employee. However, for the common employee, if He was employed to work on a certain thing, then He would either do it while it is kept under his authority, like the painter who paints in his own shop, and the tailor who works in his own shop. So his responsibility to do the work will not finish until He has handed it back to the client, and He does not deserve his wage until He has handed it over after completion. This is because the thing contracted upon is under his authority, and He would not be cleared of responsibility until He hands it over to the client. Likewise, the work may be contracted to be done within the domain of the employer, for example if the employer brought the tailor or the painter to his house to sew or paint for him, then the employee would be cleared of the responsibility of the work and deserve his wage once He had finished it, because He was under the authority of the employer, and thus the work was handed over immediately.