12.6 The civil servants are state hired staff

The State’s directors and employees are hired staffs who are contracted in accordance with the rules of hiring. Their appointment, removal, transfer and censure would be carried out by those who head their admistrations, directorates or departments and in accordace to the administrative regulations.

This is deduced from the rules concerning hired personnel. The employer and the employee should abide by the contract of hiring, because the contract is binding on both sides according to what has been contracted. For example, it would be, for instance, unlawful to remove an employee before the term of contract had expired.

Abiding by the general administrative rules, forms part of the conditions laid out in the contract and these must be honoured. The Messenger of Allah (pbuh) said;

“The Muslims are bound by their conditions.” [Narrated by Abu Dawoud from Abu Hurairah] As for the transfer of personnel from one place to another, this should also be subject to the contract of employment.

The one responsible to hire, transfer, censure and dismiss staff would be the director of the respective department, directorate or administration. This is because He is in charge of the department of their work, and He is the one who has the power according to the responsibility entrusted to him.

Superior Economic Model : Islamic System

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