Rulings for Gifts given Out of the Working Hours
What is the ruling for a gift for an employee due to some works he did outside of his normal working hours and it was not a part of his task either?
If he is an employee in that office or company, then he is not allowed to accept that gift based on a hadith from the Prophet -peace and prayer of Allah be upon him,
هدايا العمال غلول
“Gifts received by the employee is treasonous treasure (ghulul). “ (Narrated by Ahmad)
If he is not an employee of that office, then he accomplished that work out of his working hours and there was a nominal agreement as a compensation for him sparing his time and feeling tired because he helped one who needed it, then such nominal was alright to accept because it was considered as the jualah transaction.
The indication that points out the lawful state of jualah transaction is the saying of Prophet Yusuf (Joseph) -peace be upon him- :
ولمن جاء به حمل بعير
“He who brings it shall have a camel-load of provisions, I guarantee that.” (QS. Yusuf:72).
For example, one wanted to renew his passport and he asked his friend for a help, saying, ‘I am very busy, this is my passport. Please renew it for me. As the compensation because you have spent your time for me, I will give you such and such.” This transaction is allowed with the requirement that the one he asked for help of renewing his passport wasn’t an employee of the immigration bureau.
If that man worked at related bureaus, for example the immigration bureau, then he should give his help for free, and he wasn’t allowed to accept any gift, instead, he wished for Allah’s rewards. What he did is called ‘intercession’ in shari’a, that is, a form of giving charity with his position. Allah the Exalted decreed,
مَنْ يَشْفَعْ شَفَاعَةً حَسَنَةً يَكُنْ لَهُ نَصِيبٌ مِنْهَا وَمَنْ يَشْفَعْ شَفَاعَةً سَيِّئَةً يَكُنْ لَهُ كِفْلٌ مِنْهَا
“He who intercedes in a good cause shall have a share in its good result, and he who intercedes in an evil cause shall have a share in its burden. Allah watches over everything.” (QS. An Nisa/The Women:85).
Whoever has a position, should give charity to serve many people by using that position. ( Fatwa of Sheikh Masyhur Hasan al Salman, question no: 186).
Author: Ustadz Aris Munandar, S.S., M.PI.
Article of www.Syaria.com