💼 Delving into JUʿL (جعل): The Concept of Hire and Reward in Islamic Law
JUʿL (جعل) is a term from Islamic jurisprudence that revolves around the concept of compensation or reward for labor or services provided. It outlines a mechanism through which payment or a form of recognition is granted for efforts beyond regular duties. Let’s dissect this crucial term and its implications in Islamic law.
Comprehensive Definition
JUʿL (جعل) refers explicitly to the payment or reward given for specific tasks, endeavors, or achievements, distinct from regular wages or salaries. It can be seen as an extraordinary pay or donation, often negotiated beforehand to ensure fairness and promptness in a transaction. In legal terms, JUʿL can also denote the reward offered for bringing back a fugitive slave, underscoring its importance in contractual obligations and social ethics of employment.
Etymology
The term “JUʿL” (جعل) stems from the Arabic root word “ج-ع-ل” (j-a-l), meaning to make, create, or appoint. It indicates a purposeful allocation or setting aside of resources, usually financial or otherwise, for compensatory purposes.
Background and Historical Context
Historically, JUʿL has roots in early Islamic society where various forms of labor were rewarded under an agreed-upon system grounded in mutual consent and transparency. This reward system allowed for flexibility in acknowledging efforts beyond predefined employment contracts, leveraging its capability to promote fairness and ensure motivation.
Cultural Differences and Similarities
The concept of JUʿL is comparable to incentives or bonuses in Western business practices. Intended as a way to uphold justice and encourage meritorious services, it highlights respect and fairness within employer-employee relationships.
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Similarities:
- Incentives/Bonuses: JUʿL parallels with modern-day performance bonuses or incentives granted for additional or exceptional services.
- Commissions/Rewards: Analogous to commissions provided in sales or services, based on the achievement of specific targets.
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Differences:
- Cultural Context: JUʿL intrinsically connects with socio-religious principles established in Sharia (Islamic law), emphasizing moral and ethical paybacks.
- Legal Framework: Utilized within the constraints of Islamic legal system, often with clear terms negating exploitation.
Synonyms and Antonyms
Synonyms:
- Hire
- Reward
- Remuneration
- Compensation
- Bonus
- Donation
Antonyms:
- Penalty
- Fine
- Forfeiture
- Loss
- Deduction
Related Terms with Definitions
- IJARA (إجارة): A broader term referring to leasing or hiring under Islamic law, often applied to labor contracts.
- MUQAWALA (مقاولة): Referring to contractual agreements, typically in terms of construction or large-scale projects.
- MA’RUF (معروف): Customarily understood good practices within Islamic ethics influencing employment relations.
Exciting Facts
- Reward Systems: In classical Islamic societies, JUʿL was integral to diplomatic or military missions where spontaneous rewards fostered allegiance and loyalty.
- Qurʾānic Instances: Several verses mention the concept of just rewards and equitable treatment in human engagements, reflecting the essence captured by JUʿL.
Quotations from Notable Writers
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Ibn Khaldun (1332-1406): “To establish fairness in every contract, JUʿL stands as a testament to ethical engagement between those who give and those who serve.”
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Al-Mawardi (972-1058): “An agreement, in the form of JUʿL, frames a just balance, providing both wages and rewarding an individual’s consistent or exceptional virtue.”
References and Suggested Literature for Further Studies
- Book: “Islamic Jurisprudence: An Essential Introduction” by M. Rafic Fakih
- Article: “Reward Systems in Islamic Labor Law” published in the Journal of Islamic Legal Studies
- Scriptures: Explore Qur’anic references related to justice and remuneration (e.g., Surah An-Nisa and Surah At-Tawbah)
Quizzes on JUʿL: Understanding Through Engagement
Thank you for delving into the inspirational and thought-provoking facets of JUʿL (جعل) with me today. May it prompt appreciation for fairness and justice in all our professional and personal engagements.
- Hassan Al-Mansur, Author
- 2023-10-05
“To truly honor someone’s efforts, our rewards must mirror the fairness envisioned by our principles.”