Labour Relations in Islam

9 Grade 10 Religious Education (IRE) questions on Labour Relations in Islam, with worked marking schemes. 9 questions are available on this topic in full.

1. Question 1

   2 marks

   Workers at a sugar factory in Mumias are angry over delayed wages, and some suggest burning the factory store. Using Islamic teachings, give two reasons why they should not do this. (2 marks)

   (2 marks)

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2. Question 2

   6 marks

   During a project on labour relations, Aisha interviewed workers and owners at a jua kali workshop in Kamukunji, Nairobi.

   (a) State two rights of an employer in Islam that she should include in her report. (2 marks)

   (b) Apart from prompt payment of wages, explain two rights of an employee in Islam, supporting each with a teaching from the Qur'an or Hadith. (4 marks)

   (6 marks)

   Marking scheme

   (a) Any two, 1 mark each (2 marks): - To have the agreed work done diligently and to a good standard. - To have his/her property and tools protected and used honestly (the servant is a shepherd over his master's property, Bukhari and Muslim, from Ibn Umar). - To have the worker report on time and work the agreed hours. - To be obeyed in lawful instructions related to the work. - To have business information kept confidential. - To have the contract completed as agreed. (b) Any two rights, 2 marks each (1 mark for explaining the right, 1 mark for an accurate supporting teaching) (4 marks): - Not to be given work beyond capacity: "Allah does not burden a soul beyond its capacity" (al-Baqarah 2:286); "do not burden them beyond what they can bear, and if you do, help them" (Bukhari, from Abu Dharr). - To be treated with dignity and kindness, not abused: "Your servants are your brothers" (Bukhari, from Abu Dharr). - To know the wage before starting work: "Whoever hires a worker, let him tell him his wage" (reported by al-Bayhaqi). - To be paid the full agreed wage without cheating: Allah will be the opponent of one who hires a worker, takes full work from him and does not pay him (Bukhari, from Abu Hurairah); woe to those who give less than due (al-Mutaffifin 83:1-3). - To be given time and a place for swalah, especially Jum'ah (al-Jumu'ah 62:9). - To fair and equal treatment without discrimination (al-Hujurat 49:13). - To a safe working environment and care when injured (do not throw yourselves into destruction, al-Baqarah 2:195).

3. Question 3

   6 marks

   Workers at a hotel in Diani have not been paid for overtime for four months, and they are threatening to stop work. Propose three steps, in order, that the management and the workers could follow to resolve the dispute in line with Islamic teachings. Justify each step. (6 marks)

   (6 marks)

   Marking scheme

   Any three logically ordered steps, 2 marks each (1 mark for the step, 1 mark for an Islamic justification) (6 marks): - Dialogue/negotiation between management and workers' representatives to settle amicably (sulh): "reconciliation is best" (an-Nisa 4:128); "the believers are brothers, so make peace between your brothers" (al-Hujurat 49:10). - Consultation (shura) where both sides air grievances and agree on a payment plan: "their affairs are by consultation among themselves" (ash-Shura 42:38). - Mediation by a respected neutral person, e.g. an imam, elder or union official, who helps both sides reach agreement: al-Hujurat 49:9 commands believers to make peace between disputing parties with justice. - Arbitration (tahkim): both sides appoint an arbiter whose decision they agree to accept, following the model of appointing arbiters from both sides in an-Nisa 4:35. - Referral to a competent court (in Kenya the Employment and Labour Relations Court, since Kadhi courts handle only Muslim personal-law matters such as marriage, divorce and inheritance) as a last resort: "when you judge between people, judge with justice" (an-Nisa 4:58). - Throughout, the employer pays what is owed promptly and the workers avoid violence and forgive where possible (ash-Shura 42:40). Note: dialogue/negotiation and consultation may be credited as one step if the candidate does not distinguish them. Credit a court step only if it comes after at least one peaceful/internal step.

4. Question 4

   4 marks

   Explain how each of the following Qur'anic teachings guides an employer and an employee entering a contract of employment:

   (a) "O you who believe, fulfil your contracts." (Surah al-Ma'idah 5:1) (2 marks)

   (b) The instruction to write down a transaction agreed for a fixed term and to call witnesses to it (Surah al-Baqarah 2:282), applied to employment agreements. (2 marks)

   (4 marks)

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5. Question 5

   4 marks

   Explain two reasons why Islam emphasises a good relationship between employers and employees. (4 marks)

   (4 marks)

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6. Question 6

   1 mark

   In Surah al-Qasas 28:26, one of the daughters of the old man of Madyan advises her father to hire Musa (A.S.). Which two qualities does she give as her reason, qualities that an employer in Islam is entitled to look for in a worker?

   A. Youth and eloquence of speech

   B. Wealth and noble family lineage

   C. Knowledge and good looks

   D. Strength and trustworthiness

   (1 mark)

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7. Question 7

   1 mark

   The management of a tea factory in Kericho, applying the principle of consultation (shura) in Surah ash-Shura 42:38, meets workers' representatives before changing shift schedules. Which outcome is this practice most likely to produce?

   A. Higher wages without any change in output

   B. Fewer go-slows and greater worker loyalty

   C. Managers losing all authority over workers

   D. Workers refusing to join any welfare group

   (1 mark)

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8. Question 8

   6 marks

   Abdalla, a shopkeeper in Garissa, verbally agreed with Bakari that Bakari would work for him "for some time". Abdalla promised to pay him "whatever I feel is fair" at the end. Bakari's duties include selling betting slips at the shop on weekends.

   (a) Identify three conditions of a valid labour contract in Islam that this agreement fails to meet. (3 marks)

   (b) Suggest how each of the three defects you identified in (a) should be corrected to make the contract valid. (3 marks)

   (6 marks)

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9. Question 9

   1 mark

   Fatuma works as a house help in Mombasa. Her employer has delayed her monthly salary for three months even though he has the money to pay her. Which teaching of Prophet Muhammad (P.B.U.H.) most directly addresses the employer's conduct?

   A. The strong person is the one who controls himself when angry.

   B. The upper hand that gives is better than the lower hand that takes.

   C. Give the worker his wages before his sweat dries.

   D. Purity is half of faith and praise fills the scales.

   (1 mark)

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