What Should I Do About the Work I Did Without a Contract?
Answered by Shaykh Irshaad Sedick
Question
I recently worked for an organization where there was a drafted employment contract, but it needed to be signed or verbally agreed upon by both parties. Despite this, I performed work for them and was compensated at no specific rate. There are no disagreements between us regarding the payment or the work done. However, I now recognize the importance of contracts for the validity of transactions. Is the money I earned lawful? If not, how can I rectify the situation, considering it would be difficult to pay back the money?
In the future, I will make my contracts as specific as possible to avoid any doubts.
Answer
In the Name of Allah, the Most Merciful and Compassionate. May Allah alleviate our difficulties and guide us to what pleases Him. Amin.
Assuming your work was lawful, the money you earned is lawful as both parties implicitly engaged in a working relationship, even though the contract was not formally signed or verbally agreed upon.
However, it is advisable to have clear and, ideally, written contracts for future transactions to avoid any doubts or misunderstandings. To rectify the situation, it would be best to have a retrospective agreement or a written acknowledgment of the work and payment from both parties, if possible, for future reference.
I pray this is of benefit and that Allah guides us all.
[Shaykh] Irshaad Sedick
Checked and Approved by Shaykh Faraz Rabbani
Shaykh Irshaad Sedick was raised in South Africa in a traditional Muslim family. He graduated from Dar al-Ulum al-Arabiyyah al-Islamiyyah in Strand, Western Cape, under the guidance of the late world-renowned scholar Shaykh Taha Karaan.
Shaykh Irshaad received Ijaza from many luminaries of the Islamic world, including Shaykh Taha Karaan, Mawlana Yusuf Karaan, and Mawlana Abdul Hafeez Makki, among others.
He is the author of the text “The Musnad of Ahmad ibn Hanbal: A Hujjah or not?” He has served as the Director of the Discover Islam Centre and Al Jeem Foundation. For the last five years till present, he has served as the Khatib of Masjid Ar-Rashideen, Mowbray, Cape Town.
Shaykh Irshaad has thirteen years of teaching experience at some of the leading Islamic institutes in Cape Town). He is currently building an Islamic online learning and media platform called ‘Isnad Academy’ and has completed his Master’s degree in the study of Islam at the University of Johannesburg. He has a keen interest in healthy living and fitness.
