If a judge leaves before the end of the workday, what is your comment on the income he will receive from the state, given that he did not fulfill the contract between him and the state?
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The questioner : If Allah wills, this is, if Allah wills, very rare for a judge to leave before the end of the workday. But if he does leave, what is your comment on the income he will receive from this state, given that he did not fulfill the contract between him and the state?
The Shaykh : In fact, if we say that this income is in the position of a lease or hire contract, then he is not entitled to any of his income. Why? Because if a hired worker leaves off part of the work period without a valid legal excuse, he is not entitled to any wage.
The questioner : Yes.
The Shaykh : However, it is well known that what a judge, teacher, imam, or mu'adhdhin receives does not have the ruling of a lease or hire contract; rather, it is sustenance from the public treasury. Accordingly, his entitlement to this salary is proportional.
The questioner : Yes.
The Shaykh : So, if he is present for three-quarters of the time, for example, he is entitled to three-quarters of the sustenance and is not entitled to the quarter in which he left off work. In other words, he is entitled to his salary only to the extent of the work he performed.
The questioner : Yes.
The Shaykh : Yes.
The Shaykh : In fact, if we say that this income is in the position of a lease or hire contract, then he is not entitled to any of his income. Why? Because if a hired worker leaves off part of the work period without a valid legal excuse, he is not entitled to any wage.
The questioner : Yes.
The Shaykh : However, it is well known that what a judge, teacher, imam, or mu'adhdhin receives does not have the ruling of a lease or hire contract; rather, it is sustenance from the public treasury. Accordingly, his entitlement to this salary is proportional.
The questioner : Yes.
The Shaykh : So, if he is present for three-quarters of the time, for example, he is entitled to three-quarters of the sustenance and is not entitled to the quarter in which he left off work. In other words, he is entitled to his salary only to the extent of the work he performed.
The questioner : Yes.
The Shaykh : Yes.
