Question:
As-Salaam-Alaikum Sheikh
Here is my situation, I am an engineer who does a lot of computing work. I always have to analyse stuff using software to get reportable data. However, the analysis takes time (most times, it takes hours), and sometimes all I can do is wait until I get data back from the analysis to interpret it to an understandable result. I usually do my own personal things at the office or home while the analysis runs in the background. I get paid a salary, and I input my own hours. Is it considered Halal money if I do my own business while the analysis runs in the background? I sometimes also go to the masjid or run errands while the analysis is happening. I try my best to accurately put my working hour in the system to make my salary halal, even if it means to runs some analysis for no pay just to be safe.
jazakallah khair
Here is my situation, I am an engineer who does a lot of computing work. I always have to analyse stuff using software to get reportable data. However, the analysis takes time (most times, it takes hours), and sometimes all I can do is wait until I get data back from the analysis to interpret it to an understandable result. I usually do my own personal things at the office or home while the analysis runs in the background. I get paid a salary, and I input my own hours. Is it considered Halal money if I do my own business while the analysis runs in the background? I sometimes also go to the masjid or run errands while the analysis is happening. I try my best to accurately put my working hour in the system to make my salary halal, even if it means to runs some analysis for no pay just to be safe.
jazakallah khair
Answer:
بسم الله الرحمن الرحيم
In the Name of Allah, the Most Gracious, the Most Merciful
The Shariah has defined an employee who is paid an hourly wage as an ajeer khaas. An ajeer khaas must treat his specified work hours as an amanah, as he is paid for his time. He should, therefore, use his work hours only to do what he is paid to do. It will be considered breach of amanah, and, therefore, impermissible to engage in any other activity. Yes, if he has obtained permission from his employer to engage in some non-work related activity, then that will be fine.
There are certain activities, however, that an ajeer khaas is permitted to do even without explicit permission. They include activities done out of necessity, such as going to the toilet, and fulfilling one’s religious obligations, such as offering fardh salat. Some fuqaha (Islamic jurists) have included offering sunnah mu’akkadah salat in this as well. However, offering nafl salat is not included.
Furthermore, activities that are considered allowed according to the norm and custom (urf) of your work (i.e., the employer will not disapprove of such activities) will also be permissible. This may include activities such as taking a coffee break and having a small talk with colleagues.
Based on the above, it will not be permissible for you to run your own business while the data analysis is running unless you have obtained permission from your employer. As for running small personal errands during this time, it will be allowed if doing so is acceptable by the norm and custom of your work. Otherwise, explicit permission from the employer will be required.
During work hours, you may go to the masjid to offer your fardh salat if it is nearby and you come back quickly.
There are certain activities, however, that an ajeer khaas is permitted to do even without explicit permission. They include activities done out of necessity, such as going to the toilet, and fulfilling one’s religious obligations, such as offering fardh salat. Some fuqaha (Islamic jurists) have included offering sunnah mu’akkadah salat in this as well. However, offering nafl salat is not included.
Furthermore, activities that are considered allowed according to the norm and custom (urf) of your work (i.e., the employer will not disapprove of such activities) will also be permissible. This may include activities such as taking a coffee break and having a small talk with colleagues.
Based on the above, it will not be permissible for you to run your own business while the data analysis is running unless you have obtained permission from your employer. As for running small personal errands during this time, it will be allowed if doing so is acceptable by the norm and custom of your work. Otherwise, explicit permission from the employer will be required.
During work hours, you may go to the masjid to offer your fardh salat if it is nearby and you come back quickly.
قال في الدر: "وليس للخاص أن يعمل لغيره، ولو عمل نقص من أجرته بقدر ما عمل فتاوى النوازل"
و تحته في الشامي: "(قوله وليس للخاص أن يعمل لغيره) بل ولا أن يصلي النافلة. قال في التتارخانية: وفي فتاوى الفضلي وإذا استأجر رجلا يوما يعمل كذا فعليه أن يعمل ذلك العمل إلى تمام المدة ولا يشتغل بشيء آخر سوى المكتوبة وفي فتاوى سمرقند: وقد قال بعض مشايخنا له أن يؤدي السنة أيضا. واتفقوا أنه لا يؤدي نفلا وعليه الفتوى"
(رد المحتار: 6\70 ط سعيد)
قال في اللباب: " وليس للخاص أن يعمل لغيره، ولو عمل نقص من أجرته بقدر ما عمل فتاوى النوازل"
(اللباب في شرح الكتاب: 3\231 ط دار البشائر الإسلامية)
امداد الفتاوى: 2\356 ط دار العلوم كراتشي
فتاوى محمودية: 16\572-573
أحسن الفتاوى: 7\300-301
امداد الأحكام: 3\598 ط دار العلوم كراتشي
And Allah Ta'ala knows best.
Sh. Motaz Siddiqui
17/07/2023
Checked and approved by:
Mufti Faizal Riza
Mufti Anas Qazi
Darul Ifta Australia
www.fatwa.org.au
