Boundaries of Halal and Haram in Rented Works
The work ‘Kitabu Âdâb’il-Kesb wa’l-Meâsh’ found in the works of Imam Ghazali meticulously outlines the ethical and legal boundaries of rented works. In Islamic ethics, it is essential for an individual to receive the reward for their labor through lawful means. In this context, receiving compensation for work that is forbidden or harms societal benefit is not acceptable. For example, demanding payment for non-essential procedures such as having a healthy tooth extracted, or hiring someone to teach outrageous behavior is unacceptable. It is important that the rented work adheres to the principles of truthfulness and benefit; therefore, the task should be one that the worker can perform with their own abilities and can easily be delegated by another. It is also emphasized that it is not permissible to receive payment for services such as Jihad, which carry individual responsibility and cannot be delegated.
Conditions of Work Wages and Types of Partnerships
Ghazali’s work states that the wage received in return for labor must also meet certain conditions. Clearly expressing the nature of the work is important to protect the rights of the parties involved. A tailor, for example, should specify the products they will produce or a teacher should specify the content of the lessons they will give. Similarly, partnerships hold an important place in Islamic law; however, not all types of partnerships are equally valid. Ghazali states that types such as şirket-i müfaveze (being partners in all assets and debts), şirket-i ebdan (partnering in physical labor) and şirket-i vücuh (partnering by benefiting from influence) are invalid. Only the type of partnership called ‘şirket-i î’nan’, which mixes assets and gives one party the authority to manage for the other, is considered correct.
Matters to be Considered in Partnerships
In şirket-i î’nan, it is essential that profits and losses are shared according to the proportion of capital. Maintaining transparency and honesty between partners is important. The operator cannot go on a journey without the permission of the capital owner and should not use the assets for their own benefit. Expenses made with the consent of the capital owner are shared jointly. When the partnership ends, the distribution of assets and the determination of debts must be done carefully. Ghazali’s works emphasize moral responsibilities in commercial relations and the importance of earning a living through lawful means, guiding believers to participate consciously in economic life.