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Search Fatawaa

Subject : It is the Duty of the Employee to Adhere to the Administrative Instructions

Fatwa Number : 3813

Date : 08-10-2023

Classified : Leasing

Fatwa Type : Search Fatawaa

Question :

The university regulations stipulate that the total working hours for the faculty members are 40 hours per week. However, the actual working hours for a faculty member at the university are less than 20 hours per week. The university has scheduled teaching days from Sunday to Wednesday, with Thursday designated for meetings and labs. What is the ruling on a faculty member's refusal to adhere to this schedule or their belief that requesting four days of work is unjust, while still receiving their full salary?

The Answer :

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

Both parties to a commutative contract are obligated to fulfill its terms and conditions; consequently, it is not permissible for either party to breach the agreed-upon conditions. This principle is based on the Quranic verse that states {What means}:"O ye who believe! fulfil (all) obligations. " {Al-Mai`dah, 1}.  Moreover, the Prophet Mohammad (peace be upon him) also emphasized the importance of adhering to contractual agreements when he said, "Muslims are bound by their conditions" {Reported by Abu Dawood}. However, it is important to recognize that if any of the contract's conditions explicitly contradict Islamic principles by making something forbidden permissible or vice versa, then those specific conditions should not be followed, as they would go against Islamic law.

Regarding the number of hours or the days of work required from the faculty members, they are subject to the regulations and laws that are enforced by the authorities responsible for their implementation since these authorities have been delegated the powers in this regard. As long as these authorities act within their legally or systemically delegated powers, and as long as their decisions serve the interests of the educational process or achieve a benefit, from their perspective, then it is obligatory to comply with their decisions that regulate organizational and administrative affairs and govern the teaching process between students and faculty members.

In case of disagreement, anyone who believes they have been adversely affected can resort to the competent authorities to have their claims considered and a judgment issued, away from unlawful practices such as rebellion, disputes, or arguments, which do more harm than good.

Therefore, it is incumbent upon the teacher to comply with the administrative instructions issued by those who have the authority to issue them, and it is not permissible for them to violate these instructions as long as they are in harmony with the laws and regulations. And Allah the Almighty knows best.



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