Q.1. I am a medical doctor working in a hospital. Some workers often complain about the unequal division of work, which sees some members of staff overworked, while others having much free time. Some have spoken of lodging an official complaint. On the other hand, in my position, some of my relatives ask for recommendation to doctors of other specializations, which often means that they receive the treatment free of charge when they can easily afford to pay for it. Is this right?
Q.2. An employee receives an allowance to pay the salary of an assistant. If this employee negotiates a lower salary for the assistant, as he deems that the standard of work does not merit the full allowance he receives, is it permissible to retain the difference?
A.G.
A.1. This situation applies in most large institutions and places of work where there is a large number of workers. You will find some people working hard, tiring themselves out by the end of the day, while others taking it easy and enjoying an easy life. Rather than complain and feel aggrieved, the person who works hard should realize that he is in the better position. If he were to leave some of his duties undone, in order to spend some comfortable or enjoyable time, he may have to account to God for leaving things undone. He may escape accountability to the employer, but he cannot escape accountability to God. Moreover, Islam impresses on us the need to fulfil our duty, rather than demand our rights, which is the opposite approach to that of Western civilization.
When the Prophet (peace be upon him) warned that hard times lied ahead for the Muslim community, his companions asked for his advice in such difficult circumstances. He said: “Fulfill your duty and pray to God to give you what is yours.” So he impressed on them the need to fulfil their duty first. Before they can demand anything, they should do what is required of them. When you consider this carefully, you will realize that it is the cure for many social ills.
If everyone will fulfil their duty first, every one will have their rights without the need to ask for them. My advice to you if you are one of those who are overworked is to be grateful to God for placing you in such a situation, and giving you health to do the work and earn every little bit of your salary. Do not forget the Hadith that says: “Whoever comes of an evening tired as a result of working hard will have his sins forgiven.” What better reward do you need? On the other point, recommendations of this sort are normally mutual. What is important is that there should be no exploitation of position or usurpation of other people’s rights.
Thus, if a recommendation from you means that your colleague willingly forfeits his fee and you do the same when one of his relatives is recommended to you, this is fine, but if it means that the hospital will lose its share, or that other people will be denied treatment as a result, then it must not be done.
A.2. This really depends on the terms of your employment. If you are allowed a certain amount for an assistant and you are free to negotiate what you pay that assistant, then it is all right to do what you like, provided there is no real exploitation of the situation. On the other hand, if your employer makes the figure of your allowance as a maximum, requiring you to give proof of the exact amount you pay your assistant in order to reimburse you, then it is an offence under Islamic law to ask for the maximum and pay the assistant less than that, with you pocketing the difference.