Court compensation for an employee who left a fixed-term contract

تعويض المحكمة لموظف ترك عقدًا محدد المدة

A question about court compensation for an employee who left a fixed-term contract, in which Jordan's General Iftaa Department answered that the employee may claim the rights labour law guarantees him and take the compensation the judge awarded, except the legal interest, if his claim involved no lying or forgery. The Department answered that the principle is that a contract is the law of the contracting parties, so its terms must be respected, citing Surat al-Ma'ida 5:1 and a hadith that al-Bukhari cites in suspended form with certainty, whose meaning is that Muslims are bound by their conditions. It said the employee may claim the compensation that labour law sets for arbitrary dismissal, since the law was made to protect the interests of both worker and employer, a ruler's measures are tied to the public interest, and the law has the standing of general custom; what is customary counts as stipulated, so its provisions are implicitly part of every employment contract in the country. It concluded that he may take what the judge awarded under the law, provided there was no lying or forgery, except the legal interest; piety suggests that if he sees the award as larger than the harm he suffered, he takes the equivalent of his harm and leaves the rest.

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Summary

A question about court compensation for an employee who left a fixed-term contract, in which Jordan's General Iftaa Department answered that the employee may claim the rights labour law guarantees him and take the compensation the judge awarded, except the legal interest, if his claim involved no lying or forgery. 1

The question

An employee on a three-year contract left after one year because his salary was paid late; the employer threatened to fine him, but the court ruled in his favour and treated the case as arbitrary dismissal. He asked whether he may take the money awarded. 1

The answer

The Department answered that the principle is that a contract is the law of the contracting parties, so its terms must be respected, citing Surat al-Ma'ida 5:1 and a hadith that al-Bukhari cites in suspended form with certainty, whose meaning is that Muslims are bound by their conditions. 1 It said the employee may claim the compensation that labour law sets for arbitrary dismissal, since the law was made to protect the interests of both worker and employer, a ruler's measures are tied to the public interest, and the law has the standing of general custom; what is customary counts as stipulated, so its provisions are implicitly part of every employment contract in the country. 1 It concluded that he may take what the judge awarded under the law, provided there was no lying or forgery, except the legal interest; piety suggests that if he sees the award as larger than the harm he suffered, he takes the equivalent of his harm and leaves the rest. 1

About this record

Jordan's General Iftaa Department published this fatwa on aliftaa.jo as no. 4480, dated 7 June 2026. 1 The museum records this text as a historical document attributed to the body or scholar that issued it; it issues no ruling of its own.

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About
The contract (aqd): elements, offer and acceptance, and its kinds· Lease and hire (ijara)

People and things also explored

Subletting a rented flat to someone other than its owner· Muwatta 1782· Muwatta 1799· Muwatta 1830· Muwatta 1837· Muwatta 1839· Muwatta 1841· Muwatta 2004

Sources

  1. Jordan's General Iftaa Department (aliftaa.jo) , fatwa 4480

Original page

Cite this page

islam.museum contributors. “Court compensation for an employee who left a fixed-term contract”. islam.museum, https://islam.museum/en/work/fatwa-aliftaa-jo-court-compensation-after-leaving-a-fixed-term-job/. CC BY-SA 4.0. Last updated 2026-11-02.

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Qur'an, hadith, poetry, and the languages and scripts of Muslim peoples.
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Subletting a rented flat to someone other than its owner

A question about a man who rented a residential flat and wished to let it to someone other than its owner; Dar al-Ifta al-Misriyya answered that a tenant may sublet the rented property without blame in sharia, provided the second lease causes no damage to the property, that the property is of a kind whose use does not vary from person to person, and that the second rent may exceed the first, though it is preferable that the tenant has added something to the property that justifies asking more, to avoid the disagreement of those jurists who require it; all of this is conditional on not breaching the agreement with the owner and on complying with the laws that govern the tenancy and their restrictions. Dar al-Ifta set out the legitimacy of leasing from the Qur'an, the Sunna and consensus, attributed the permissibility of a tenant's subletting to the majority of Hanafis, Malikis, Shafi'is and, on the sounder view, Hanbalis, and to a group of early jurists, and explained it by the tenant's having acquired ownership of the use through the first lease, so he may dispose of it, and by the analogy that a lease is like a sale and sold goods may be resold once taken into possession. It reported the Hanafi condition that where the second rent is higher the tenant must have improved the property, otherwise he gives the excess in charity, quoted al-Kasani, Ibn Maza, al-Hattab, al-Shirazi and al-Buhuti, and referred to article 593 of the Egyptian Civil Code and to article 18 of Law 136 of 1981, which allows the owner to seek eviction when a tenant under an old-rent contract sublets without express written permission.