雇佣是一种以报酬换取利益的合同。雇佣合同有效的第一个条件是双方契约人具有法律行为能力，即双方都已达到成年。其有效的另一个条件是双方契约人的同意。此外，工资应当是已知的，因为先知ﷺ曾说：“若你们中有人雇佣工人，就应当告知其工资。”此语由Ad-Daraqutni从Ibn Mas’oud处转述。另外，还有Ahmed从Aby Sa’id处转述的圣训：先知ﷺ禁止在不说明工资的情况下雇佣工人。然而，如果工资没有确定，雇佣合同仍然成立且有效（合法）。如果对工资发生争议，则以同等工资为准。因此，如果在订立合同时工资没有确定，雇主与雇员随后又对工资产生争议，则采用同等工资。采用同等工资，是类比于有争议的婚姻聘礼而得出的：若聘礼事先未提及，或对约定的数额发生争议，则以同等女子的聘礼为准来裁决。这依据的是Ahmed所转述的：Abdullah ibn Mas’oud（愿真主喜悦之）裁决过这样一件事：一名男子在与所娶的女子同房之前去世，而他娶她时没有约定聘礼。他说：“她应得与同类女子相当的聘礼，她须守待婚期（Iddah），并且她有权继承他的遗产。”Ma’qal ibn Sinan Al-Ashja’i说：“先知ﷺ曾裁决我们族人中Washiq之女Barwa’a的案件，与你们的裁决一样。”所谓她应得与同类女子相当的聘礼，是指与同类女子的聘礼相同的数额。因此，伊斯兰教法（Shar'a）责令对未约定聘礼者给予同等聘礼。对于约定聘礼发生争议的情况，也给出同样的裁决。 既然嫁资是婚约中的回报，那么任何合同的回报都可以用它来衡量。因此，如果合同中没有提及回报，或者对所约定的回报存在争议，则以同等回报来裁决。同理，在雇佣合同中，若未约定或对约定的工资存在争议，则以同等工资来裁决；在买卖中，若合同未约定价格或对约定的价格存在争议，则以同等价格来裁决。因此，在雇员与雇主就约定工资发生争议的情况下，以及工资未被提及的情况下，都以同等工资来裁决。所以，如果合同中提及了工资，那么该工资即为约定工资；但如果未提及，或对约定工资发生争议，则以同等工资作为裁决的工资。 由此，工资分为两种不同的类型：约定工资与同等工资。考虑约定工资的条件，是双方签约人对其的认可。因此，如果双方签约人接受了某一工资数额，该工资即为约定工资，雇主没有义务支付超出此数额的部分，雇员也没有义务接受低于此数额的报酬，它便是具有约束力的法定工资。同等工资则是同等工作的报酬；如果雇佣合同是以雇工所提供的劳务效益为标的订立的，则同等工资是同等工人的报酬。同等工资只有在雇佣合同是以被雇者的劳务效益为标的时，才以同等工人的工资为准。

Hiring is a contract over a benefit in return for a recompense. The first condition for the validity of the contract of hiring is the legal competence of the two contractors, such that each of them has reached the age of maturity. Another condition for its validity is the consent of the two contractors. Moreover the wage should be known, due to the saying of the Prophet (pbuh): “If anyone of you hires a worker, He has to inform Him of his wage”, narrated by Ad-Daraqutni from Ibn Mas’oud. Also due to the Hadith narrated by Ahmed from Aby Sa’id that the Prophet (pbuh) forbade hiring a worker without explaining to Him his wage. However, if the wage was not defined, the hiring would be contracted and valid (legal). In case of dispute over the wage, reference is made to the equivalent wage. So if the wage was not defined at the time of the contract and if the employer and the employee then dispute over the wage, then the equivalent wage is adopted. The equivalent wage is adopted by analogy with the disputed marriage money (Dowry), which is decided by referring it to the equivalent dowry if it was not mentioned before, or if a dispute over the named amount occurred. This is due to what Ahmed narrated that ‘Abdullah ibn Mas’oud (ra) judged in the case of a man who passed away before sleeping with a woman, whom He had married without naming the dowry. He said: “She deserves the dowry of her equivalent woman, and she has to do the Iddah (waiting period for the next marriage) and she deserves to inherit from him.” Ma’qal ibn Sinan Al-Ashja’i said: “The Prophet (pbuh) has judged to Barwa’a, daughter of Washiq one of our people, as you judged.” The meaning of saying that she deserved the dowry of her equivalent women means a dowry identical to the dowry of equivalent women. So Shar’a obliged giving the equivalent dowry to the one whose dowry was not named. The same judgement is given in the case where a dispute occurs over the named dowry. Since the dowry is a recompense in the marriage contract, then recompense of any contract can be measured with it. Thus it is judged by the equivalent recompense in case the recompense was not mentioned in a contract, or in the case of dispute over the named recompense. Therefore, it is judged by the equivalent wage in the hiring, and by the equivalent price in the trading (selling) in the case where the price was not named in the contract, or there was a dispute over the named price. Therefore the equivalent wage resolves the case in a dispute between the employee and the employer over the named wage, and in the case where the wage was not mentioned. So, if the wage was mentioned in the contract then the wage would be the named one. But if it was not mentioned or if a dispute occurred over the named wage, then the equivalent wage would be judged as the wage. Thus, the wage is of two different kinds: A named wage and the equivalent wage. The condition for considering the named wage is its acceptance by the two contractors. So if the two contractors accepted a certain wage, then this wage will be the named one, and the employer would not be obliged to pay more than it, nor would the employee be obliged to take less than it, rather it is the binding legal wage. The equivalent wage is the wage for equivalent work, or of the equivalent worker if the contract of the hiring had been concluded over the benefit of the work. The equivalent wage would be the wage of the equivalent worker only if the hiring contract was stated over the benefit of the hired person.

那些被视为有资格估算工资的人，是确定工资方面的专家，而不是国家，也不是民众的习俗。他们是相关工作类型的工资专家，或是拟估算工资所针对的那类工人的工资专家。

Those who are considered to estimate the wage are the experts in defining wages, not the State, nor the traditions of the population. Rather they are the experts on the wage for the relevant type of work, or the wage for the type of workers for whom the wage is intended to be estimated.

根据专家估算工资的依据是其所带来的利益，无论该利益来自工作本身还是来自工人。因为雇佣合同以利益为基础，所以利益便成为工资估算的依据。因此，工资既不是按工人的产出来估算，也不是按其所在社群中最低的生活水平来估算。在估算时，既不考虑工人的产出，也不考虑较高的生活水平，而是与利益相关联。专家依据这一利益在其所处社会中的价值，来估算工人的工资。当专家为工作及工人估算工资时，他们会考虑该利益在社群中的价值，因此是按工人所产生的利益，或工作所产生的利益的价值来估算的。如果在社群中对利益的估算发生争议，则不应通过证据和证明来确定，而是只需采纳专家的意见，因为问题在于估算利益的价值，而不是确立其数额的证据。

The basis upon which the experts estimate the wage is the benefit, whether it was for the work or the worker. Because the hiring contract is based on the benefit, it becomes the basis upon which the wage estimation is built. Thus the wage is not estimated by the production of the worker or by the lowest standard of living among his community. There is no consideration to the production of the worker nor to the high standard of living in its estimation, rather its estimation is related to the benefit. The experts estimate the wage of the worker according to the value of this benefit in the society in which they live. When the experts estimate the wage for the work and the wage of the worker, they consider the value of the benefit in the community, so they estimate it by the value of the benefit produced by the worker, or benefit of the work. If a dispute occurred over the estimation of the benefit in the community, then it should not be estimated by evidence and proof. Rather it is enough to take the opinion of the experts, because the question is to estimate the value of the benefit and not to establish an evidence about its amount.

因此,工资估算所依据的基础是专家估算的利益。但是,当专家估算等值工资时,他们不能只考虑工作本身或工人本身的工资,因为工资会随工作、工人、时间和地点而变化。相反,他们必须参照与做同样工作的工人相同的人,也就是既要看工作,也要看工人,同时还要看工作的时间和地点,因为工资会因工作、工人、时间和地点而有所不同。

Thus, the basis upon which the estimation of the wage is built is the benefit according to the estimation of the experts. But when the experts estimate the equivalent wage, they have to consider not only the wage of the work or the worker alone, because the wage varies with the work, worker, time and place. Rather they are obliged to look to the person who is identical to the worker doing the same work, which is to look to the work, the worker, and at the same time, they have to look at the time and place of work, because the wage differs with the work, worker, the time and the place.

订约双方，即雇主和雇员，最初可自行选定评估工资或等值工资的专家。若双方未选定专家，或在选定专家时意见不一，则由法院或国家作为有权机关指定这些专家。

The contracting parties, that is the employer and employee, originally select the experts who estimate the wage or the equivalent wage. If they did not select the experts or differed over their selection, then the court or the State is the competent authority to appoint these experts.