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The book you're asking about is "فصل المقال في هدايا العمال" (Faṣl al-Maqāl fī Hadāyā al-ʿUmmāl - The Decisive Word Regarding Gifts to Workers/Employees).
Understanding the Title: "The Decisive Word Regarding Gifts to Workers/Employees"
This title immediately signifies a specialized jurisprudential (Fiqh) work that addresses a critical ethical and legal issue in Islamic transactions and public administration: the ruling on gifts received by individuals in exchange for their work or official duties.
فصل المقال (Faṣl al-Maqāl): "The Decisive Word" or "The Conclusive Statement." This indicates that the author aims to provide a clear, definitive, and well-supported ruling on the matter, dispelling ambiguities and clarifying the correct Islamic position.
في هدايا العمال (fī Hadāyā al-ʿUmmāl): "Regarding Gifts to Workers/Employees."
هدايا (Hadāyā): Gifts, presents.
العمال (al-ʿUmmāl): Workers, employees, officials, those in positions of responsibility or authority. This term encompasses anyone who performs a service or holds a position for which they receive a wage or salary.
Therefore, "Faṣl al-Maqāl fī Hadāyā al-ʿUmmāl" is a detailed jurisprudential treatise that examines the Islamic legal ruling on accepting gifts by employees, officials, or those in positions of trust, given that such gifts might influence their duties or be seen as a form of bribery or illicit gain.
About the Author:
A prominent book with this title is by Dr. Muhammad bin Abdullah al-Wuhaibi (د. محمد بن عبد الله الوهيبي). Dr. Al-Wuhaibi is a contemporary Saudi scholar with expertise in Fiqh and Usul al-Fiqh, and his works often focus on clarifying practical legal issues with rigorous methodology.
Expected Content of the Book:
Given the title and the nature of the topic in Islamic law, the book would likely cover the following in detail:
Introduction to Gifts in Islam and Their General Rulings:
The virtue of giving and accepting gifts in general Islamic conduct (e.g., strengthening ties).
Distinction between permissible gifts and impermissible gifts (e.g., bribery, gifts given in exchange for something unlawful).
The Specific Ruling on Gifts to Workers/Officials:
The Foundational Principle: The core principle is often derived from the famous Hadith of Ibn al-Lutbiyyah (or Ibn al-Utbiyyah), a Prophet's collector of Zakat, who was given gifts during his work. The Prophet ﷺ condemned this, stating: "What is wrong with a man whom we send to collect (charity), and he comes and says: 'This is for you, and this is a gift given to me!' Why did he not stay in his father's house or his mother's house and see if he would be given a gift?" This Hadith is central to the discussion.
General Prohibition: The book would likely argue that gifts given to an employee because of his position or work are generally impermissible, as they are seen as an illicit gain (
ghulūl) or a form of bribery (rishwah), even if not explicitly solicited. Such gifts are considered part of the employee's earnings that should rightfully go to the employer or public treasury, or should not be taken at all.
Types of Gifts and Their Nuances:
Gifts Before, During, and After Service: Detailed analysis of gifts received at different stages of employment.
Gifts to Public Officials: Emphasizing the stricter ruling for judges, administrators, customs officials, police, etc., due to the potential for corruption and injustice.
Gifts to Private Sector Employees: Applying the same principles to the private sector where gifts might compromise loyalty to the employer or lead to unfair practices.
Gifts from Family/Friends: Distinguishing between genuine personal gifts from relatives or close friends (which are generally permissible) and those given due to the person's position.
Gifts of Little Value or Customary Gifts: Discussing whether there's an exception for negligible items or customary hospitality, and setting boundaries for this.
Gifts from the Employer: Gifts given by the actual employer are part of remuneration and are permissible.
Evidences from Quran and Sunnah:
Extensive citation and analysis of the aforementioned Hadith of Ibn al-Lutbiyyah.
Other Hadith that warn against bribery, corruption, and illicit gain.
Quranic verses related to justice, honesty, and forbidding illicit consumption of wealth.
Sayings and practices of the Companions and early Muslims (
Salaf) who were highly scrupulous in this regard.
Scholarly Views and Debates:
Presentation of the views of the major Fiqh schools on the matter.
Analysis of differing opinions and their justifications, followed by the author's preferred and decisive view.
Practical Implications and Scenarios:
What should an employee do if offered an impermissible gift? (Refuse it, report it, return it, hand it over to the employer/public treasury).
The consequences of accepting such gifts (sinfulness, potential for disciplinary action, invalidation of contracts if related to bribery).
The role of employers and governments in establishing clear policies regarding gifts.
The impact of such rulings on trust, transparency, and justice in society.
Significance of the Book:
Ethical Foundation: Provides a strong ethical framework for conduct in public and private employment.
Combating Corruption: Directly addresses a root cause of corruption and promotes integrity in professional life.
Jurisprudential Clarity: Offers a clear and decisive ruling on a complex issue that affects many individuals.
Evidence-Based: Relies on rigorous analysis of authentic Islamic texts.
Practical Relevance: Highly relevant for contemporary Muslim societies, businesses, and governments striving for ethical governance.
This book would be essential for employees, employers, public officials, students of Islamic finance, Fiqh scholars, and anyone interested in Islamic business ethics and anti-corruption measures.
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