4.7 雇用员工
4.7 Hiring-Employing an Employee
伊斯兰允许个人雇佣员工和劳工,即工人为他工作。安拉(SWT)说:
Islam allowed the individual to employ employees and labourers i.e. workers to work for him. Allah (swt) said:
“我们在今世的生活中分配了他们的给养,并使他们有些人高过有些人许多等级,以便他们互相服役。……”[az-Zukhruf:32] 伊本·沙哈卜传述:欧尔沃·本·祖拜尔说,穆民之母阿伊莎(愿真主喜悦她)说:“使者ﷺ和艾布·伯克尔雇用了一名来自白尼·戴勒部族的熟悉路径的向导,他当时与古莱什的不信道者信仰相同。他们把两峰雌性骆驼交给他,并与他约定,三夜之后,在第三夜的清晨,带着他们的两峰骆驼在赛乌尔洞与他们会合。” 真主(至高无上)还说:
“It is We who portion out between them their livelihood in this world, and We raised some of them above others in ranks so that some may employ others in their work....” [Az-Zukhruf: 32] Ibn Shihab narrated that Urwah ibn Az-Zubair said that Aisha (ra), the mother of the believers said: “The Messenger of Allah (pbuh) and Abu Bakr hired a man from Bani ad-Deel as an experienced guide when He was of the same deen as the kuffar of Quraish. They handed to Him their two female riding camels, and fixed an appointment with Him to meet them at the cave of Thawr after three nights, at the morning of the third night with their two camels.” Allah (swt) also said:
“如果她们(母亲们)为你哺乳,就把她们的报酬给她们。”(《离婚》:6)
“If they (the mothers) suckled for you, give them their wages” [At-Talaq: 6].
布哈里传述,艾布·胡莱赖说,先知(愿主福安之)说:“安拉至尊至大说:‘在复活日,我将与三种人为敌:奉我的名许诺却背信的人;出卖自由人并吞食其价款的人;雇佣工人,工人为他完成了工作,他却不付给工人报酬的人。’” 雇佣是受雇者向雇主提供利益,雇主向受雇者交付财物。因此,它被描述为以报酬换取利益的契约。雇佣工人的契约,或基于工人所完成工作的利益,或基于工人本人的利益。如果契约基于工作的利益,那么契约的标的就是工作所产生的利益,例如雇佣某些工艺工匠,如清洁工、铁匠和木匠。然而,如果契约基于工人本人的利益,那么契约的标的就是此人的利益,例如雇佣仆人及其他类似工人。在这种契约中,工人仅在一定时间内为雇主工作,例如在工厂、花园中工作的人或农夫,以换取一定的工资。公务员(政府雇员)属于此类。另外,他也可以为任何人从事某项工作,以完成的工作换取报酬。此类工作的例子有木匠、裁缝和鞋匠。第一种劳动是私人劳动,第二种则是普通劳动。
Bukhari narrated from Abu Hurairah who stated that the Prophet (pbuh) (pbuh) said: “Allah azza wa jalla said, ‘I will be the opponent of three (types of) people 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.’” Hiring is delivering a benefit by the hired person to the employer and delivering property from the employer to the employed. It is thus described as a contract to provide a benefit in return for a recompense. The contract of hiring a worker is either based on the benefit of the work carried out by the worker or on the benefit of the worker himself. If the contract is based on the benefit of the work then the contracted matter is the benefit produced by the work, like hiring the craftsmen of certain works, such as hiring the cleaner, the blacksmith and the carpenter. However, if the contract is based on the benefit of the person himself, then the contracted matter is the benefit of the person, like hiring of servants and other similar types of workers. In such a contract the worker works for the employer only for a certain period of time, such as the person who works in a factory, a garden or a farmer, in return for a certain wage. Civil servants (Government employees) fall in this category. Alternatively, He may have a certain job for anyone where He works in return for a wage for the work done. Examples of such jobs are carpenters, tailors and shoemakers. The first type of labour is private labour, while the second one is common labour.