The Impact of the Emergency Circumstances on Worker Pay in Islamic Jurisprudence

Abstract

This study examined the impact of emergency circumstances on the worker's pay. Pay is a right for the worker approved and necessitate by the Islamic law to fulfill his obligation. In spite of this, pay may be exposed to effects that lead to non-fulfillment wholly or partly due to emergency circumstances such as war and siege. It is approved that pay affected by emergency circumstances. This study presents a range of Islamic rules which protect the worker's right on wage. One of these rules is that: it is permissible to agree on the pay in a manner that preserves its value when the value of money change, such as the agreement on exchange rate. Moreover, it is not legally prohibited to change pays regularly due to the change in price level. By this we preserve worker's right in pays and it is the basis of the agreement when signing the employment's contract. Confirming that it is not permissible to generalize in the matter of pay loss due to emergency excuse, but a distinguish should be made between whether what happened is sudden and serious or expected. With a reference that jurists does not talk about the issue of emergency circumstances on pay sequentially or clearly. The importance of the study came from the demonstration of contemporary issues such as the excuse that emerges on the contractors which not caused by either of them as war and siege because it is an emergency  circumstances.