第155条
Article 155
薪资应当根据工作的收益或雇员的利益来确定,而不是根据雇员的知识和/或资历来确定。雇员不应有年度加薪,而应当根据其所做的工作,获得其所应得的全部薪资价值。
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.
本文的依据是雇佣的伊斯兰教法定义,因为该定义是一条教法规则,与教法原则相同,因为它是通过正确的伊智提哈德从一条或多条教法依据中推导出来的。因此,它对于其所适用的问题而言,被视为依据,正如教法规则对于其所适用的问题被视为依据一样;在这两种情形下,教法文本都被视为对适用于该问题的教法规则或适用于该问题的教法定义的依据。雇佣的教法定义是:"以服务交换报酬的契约"。在雇员的情形中,服务要么是他所从事的工作服务,例如工程师;要么是人身服务,例如仆人。这两类服务是合同所能适用的对象,除此之外,合同不能以任何其他事物为标的。由此可见,合同不能适用于知识水平或资历水平的服务,而只能适用于雇员的服务,即其人身服务或其工作。薪酬是对合同所适用的这种服务的交换。正因如此,所谓公务员的职级,即薪资数额的确定方式,并不依据资历或知识来确定,而只是依据其人本身(若其将亲自承担工作,如仆人),或依据其所从事工作的用途及其经验(如工程师),此外别无其他依据,因为这与该定义相符。
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.