WORKER’S WAGE IN ISLAMIC PERSPECTIVE
Sri
AbidahSuryaningsih
A’rasyFahrullah
Khusnulfikriyah
e-mail
arasyfahrullah@unesa.ac.id
Program StudiEkonomi
Islam-FakultasEkonomi-Unesa
Abstrak
The aims of this research is to answer these questions:
how is the concept of wages
in Islamic Sharia law / jurisprudence? Does the concept of wages in legal
jurisprudence contributes to prosperity? Result analysis shows that in the determination of wages,
Islam upholds the humanity values. There are two alternatives offered
by Islam, if the determination of wages through market mechanisms and
government policies of minimum
wage is not running: 1)
Provide subsidies to the producers, so that manufacturers can still provide
decent wages to employees, and 2) provide subsidies or social security to the
workers, as a form of government attention to their welfare. The existence of
these two solutions is expected to increase prosperity in the business world.
Pre Face
Labor
issues in Indonesia is should get the maximum attention from the government.
The government is expected to transparently provide clear standards to the
minimum wage each area so it will
not cause a prolonged debate among the people, especially the workers or labor.
According
to the Research Council of the National Wage, salary is an acceptance in return
from the giver to the recipient work for employment or services that have been
and will be carried out, serves as a guarantee of the continuity of a decent
life for humanity and production, expressed or assessed in money terms are set
according to a agreements, laws and regulations and paid on the basis of an
employment agreement between the giver and receiver of work. Meanwhile,
according to the labor law of wages is the right of workers or laborers
received in the form of money as a reward from employers over the terms of
employment agreements or regulations of the company in accordance with the
statutory provisions.
Wages
are an important component in employment, ie as one element in the
implementation of the employment relationship, which has a strategic role in
the implementation of industrial relations. Wages received by workers on fee
for work done for the other side, so that wages are basically to be
proportional to the contribution made by workers to produce goods or services.
As occurs in developing countries such as Japan and China, fair wages are given to workers in accordance
with the worker's contribution to the company or institution.
In
determining the level of wages parties as a principal recipient of the work
(labor) and employers have different views. For employers, the wage is the form
of the costs incurred by the company, which have an impact on corporate
profits. Therefore, in determining the level of their wages to be very careful.
As for the workers, wages are a source of income, so that they are expecting an
increase in the wage rate.
One
form of government involvement in industrial relations is in the determination
of wage rates. This policy is called the minimum wage policy. The minimum wage
is defined as an ordinance issued by the government of the necessity of
enterprises to pay wages at least equal to the Living Needs (KHL) to the most
low-level workers. In other words, that the minimum wage can be regarded as one
of the instruments of government policy to protect the bottom-most layer of
workers in each company in order to obtain the lowest possible wages in
accordance with the value or price of a decent living necessities.
One
example of the transparency of the standard minimum wage for labor in Indonesia
in 2013-2014 are as follows:
Table.1
The development of regional minimum wage / provinces in
Indonesia (in thousands of rupiah)
|
province
|
2013
|
2014
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
|
|
|||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
|
RATA-RATA INDONESIA
|
1,332.4
|
1,595.9
|
Source: www.bps.go.id
Provincial Minimum Wage (UMP) above the 2013-2014 has been
established by the City / Region at all levels of government (provincial,
regency / municipality), assisted by the recommendations of the Wage Council
who had previously conducted the survey process Living Needs (KHL) , Based on
data from the Directorate General of fostering industrial relations and social
security in the year 2013 there were 30 out of 33 provinces set UMP with
average 1,332,4 and in 2014 there were 24 out of 33 provinces set UMP with an
average 1,595,9. Transparency of the UMP is expected to have a positive impact
for the workforce throughout Indonesia.
Islam gives
awards and positive appreciation of the work, both in terms of general and
specific. The teachings of Islam encouraged the people to work harder, because
the work that is one of the main mission of human beings were created by Allah
subhanahu wa ta'ala. work is a form of worship to Allah subhanahu wa ta'ala and
an act of gratitude to Allah subhanahu wa ta'ala, as well as to enforce the
commands of Allah subhanahu wa ta'ala. Allah subhanahu wa ta'ala insists on
wages in the Qur'an in Surah At-Tauba verse 105 as follows:
وَقُلِ اعْمَلُوا فَسَيَرَى اللَّهُ عَمَلَكُمْ
وَرَسُولُهُ وَالْمُؤْمِنُونَ ۖ وَسَتُرَدُّونَ إِلَىٰ عَالِمِ الْغَيْبِ
وَالشَّهَادَةِ فَيُنَبِّئُكُم بِمَا كُنتُمْ تَعْمَلُونَ
"And
say:" Work ye, Allah and His Messenger and the believers will see your
work, and you will be returned to (Allah) knows the unseen and the seen, then
He will inform you of what has been you do. "
the question, how the concept of wages in the Islamic Shari'a
law / jurisprudence? What can be applied in a practical level? And whether the
concepts offered in the laws of fiqh able to contribute to the welfare of the
workforce?
Wage concept in Islamic Fiqh
Wages are also called ujrah in Islam. Wages are a form of compensation for services rendered by employees. Wages in the narrower sense is defined as the amount of money paid by employers to employees for services he provided, while in the broad sense means a payment which is given in exchange for labor services. (Chaudhry, 2012: 197). Ijaroh is essentially an effort to meet employers (musta'jir) benefit (service) of a worker (marker) and attempts to take possession of an employee (salary) from an employer. This means Ijarah is a contract (transaction) services to a compensation. (An-Nabhani, 2009: 82) contract / transaction refers to the principle of benefit sometimes work and sometimes refers to the services of the workers themselves.
Wages are also called ujrah in Islam. Wages are a form of compensation for services rendered by employees. Wages in the narrower sense is defined as the amount of money paid by employers to employees for services he provided, while in the broad sense means a payment which is given in exchange for labor services. (Chaudhry, 2012: 197). Ijaroh is essentially an effort to meet employers (musta'jir) benefit (service) of a worker (marker) and attempts to take possession of an employee (salary) from an employer. This means Ijarah is a contract (transaction) services to a compensation. (An-Nabhani, 2009: 82) contract / transaction refers to the principle of benefit sometimes work and sometimes refers to the services of the workers themselves.
The legal basis for Ijarah (Mardani, 2012: 248) is the word of God Qs.
Al-Baqarah: 233,
وَالْوَالِدَاتُ
يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ۖ لِمَنْ أَرَادَ أَن يُتِمَّ
الرَّضَاعَةَ ۚ وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ
ۚ لَا تُكَلَّفُ نَفْسٌ إِلَّا وُسْعَهَا ۚ لَا تُضَارَّ وَالِدَةٌ بِوَلَدِهَا
وَلَا مَوْلُودٌ لَّهُ بِوَلَدِهِ ۚ وَعَلَى الْوَارِثِ مِثْلُ ذَٰلِكَ ۗ فَإِنْ
أَرَادَا فِصَالًا عَن تَرَاضٍ مِّنْهُمَا وَتَشَاوُرٍ فَلَا جُنَاحَ عَلَيْهِمَا
ۗ وَإِنْ أَرَدتُّمْ أَن تَسْتَرْضِعُوا أَوْلَادَكُمْ فَلَا جُنَاحَ عَلَيْكُمْ
إِذَا سَلَّمْتُم مَّا آتَيْتُم بِالْمَعْرُوفِ ۗ وَاتَّقُوا اللَّهَ وَاعْلَمُوا
أَنَّ اللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ
"Mothers shall suckle their children for two whole
years, is for those who want to complete the term. and he shall bear their food
and clothing on equitable terms the capital. someone is charged except to its
capacity. not a mother harmed for her child and a father for his son, and heir
shall be so. when both want wean (previously two years) by mutual consent and
consultation, then there is no blame on them. and if you want your child to
nurse, it is no sin for you if you give payment according to what is
acceptable. fear Allah and know that Allah sees what you do. "
Also described in the Qur'an Surah At-Tawbah: 105,
"And say: Work; so Allah and His Messenger and the believers will see your work, and you will be returned to (Allah) knows the unseen and the seen, and given you that which you did."
Q.S. An Nahl: 97
"And say: Work; so Allah and His Messenger and the believers will see your work, and you will be returned to (Allah) knows the unseen and the seen, and given you that which you did."
Q.S. An Nahl: 97
مَنْ عَمِلَ
صَالِحًا مِّن ذَكَرٍ أَوْ أُنثَىٰ وَهُوَ مُؤْمِنٌ فَلَنُحْيِيَنَّهُ حَيَاةً
طَيِّبَةً ۖ وَلَنَجْزِيَنَّهُمْ أَجْرَهُم بِأَحْسَنِ مَا كَانُوا يَعْمَلُونَ
"Whoever works righteousness, whether male or female,
being a believer, verily to him will We give a good life and will indeed We
gave replies to them with a better reward than what they have done".
It was also explained by Quraish Shihab in
his book that Tafsir Al Misbah explained At Tawbah: 105 is as follows,
"work you by because God alone with various charitable pious and useful,
both for yourself and for the general public, then God will see that is judging
and give you the reward of charity ". The reward is the reward or
compensation. Likewise, the An-Nahl: 97, the meaning of the word in the verse
is a reply wages or compensation. So in Islam, if someone does the work with
the intention for Allah (righteous deeds) then he will get a reply in the world
(in the form of wages) and the next (in the form of reward), which doubled. Of
the two paragraphs above we can conclude that wages in the concept of Islam has
two aspects, namely the world and the hereafter.
The conditions to achieve the validity of the contract /
transaction Ijara is the feasibility of the person doing the contract, which
each have mumayyiz (ages pre-puberty), the contentment of both parties to
perform the contract / transaction, and wages must be clear. (An-Nabhani, 2009
; 99) means that the reward to someone does not blindly, but must pay attention
to some of the requirements that have been established Islamic shariah. Islam
has arranged everything related to the Ijara transaction, if applied as a
whole, the welfare of the workforce will be achieved.
The scholars differed in terms of remuneration or benefits to
someone who works in nature worship Allah.Madzhab Hanafi insists unlawful
taking wages from employment such as hiring other people to prayer, pilgrimage,
to muazdin, and others. Hambali schools allow jobbing if the aim is to create
benefit. Meanwhile, according to Maliki, Shafi'i, and Ibn Hazm, lets take a
wage for the type of benefit from the act of known and unknown energy anyway.
(Ghazaly, 2010: 282). The difference between the above schools of fiqh be a
wealth of knowledge to solve all the problems, which in turn create blessings
for all mankind.
Application concept for Labor Wages
In Law no.13 th 2003 on wages for workers must meet minimum
wages, overtime, wages do not work because absent, wages do not work because
doing other activities outside of work, wages for exercising the right to take
a rest, form and how wages, fines and deductions from wages, things are
calculated with wages, wage structure and scale proportionate, wages for
severance payments, and wages for income tax calculation. Based on the
legislation described the issue of wages is an important thing to be given by
the employer to the workforce.
Islamic law as a form of concern for the rights of labor, associated
with wages, Islamic law stipulates the conditions when an agreement isti'jar
contract (contract work), namely: wages must be a property that has a value (or
mutaqawwam can be used and exploited by religion), clear and known to its
specifications by either the specification of the type of labor, the rate and
nature. (Az-Zuhaili, 2011). In this case we need a clear agreement between the
workers with the wages. The employment contract between employers and employees
as a form of mutually beneficial contracts, labor relations in the Islamic view
is on partnership, mutual benefit and reliably between the two sides. Not
allowed if one party feels wronged and mistreated by others, as Allah says in
the Qur'an. Al-Anfal: 58,
وَإِمَّا تَخَافَنَّ مِن قَوْمٍ خِيَانَةً فَانبِذْ
إِلَيْهِمْ عَلَىٰ سَوَاءٍ ۚ إِنَّ اللَّهَ لَا يُحِبُّ الْخَائِنِينَ
"And if you fear (an) betrayal of a
people, then throw back to them in an honest way. God does not love those who
betray "
The process of determining wages Islami comes from two
factors in an objective and Subjective. Objective is the wage determined by
consideration of the level of wages in the labor market, while subjectively is
the wage determined by social considerations. The purpose of social
considerations are the human values of the labor force. So far, according to
the conventional economy, wages are determined by consideration of the level of
wages in the labor market. But there is a side of humanity that must be
considered as well. For example, for the manner of payment of wages, the
Prophet SAW said:
"From Abdullah bin Umar, the Prophet
said:" Give me my wages before his sweat dries hired man "(Hadith
narrated by Ibn Majah and Imam Tabarani). From this hadith can be concluded
that Islam highly appreciate the value of humanity. In contrast to the
conventional view humans only as capital goods. Man can not be treated as capital
goods, such as machinery.
There are some provisions that would ensure humanly done to
the labor force. The provisions are as follows:
1. The relationship between the employer (musta'jir) and laborers (marker) is a fraternal relations.
2. Workload and surrounding conditions should pay attention to human values. As mentioned above was not the same man with capital goods. Human beings need time to rest, socialization, and the most important is the time to worship.
3. The level of the minimum wage should be sufficient for meeting the basic needs of the workforce.
Implementation of human values in Islamic wage determination can be derived from two sources, namely: Musta'jir and Government. Musta'jir who believe will implement the human values in the determination of wages for its stake. Included in these human values is an element of fairness. The purpose of this justice we can see from the view Yusuf Qaradawi in his book "Messages and Moral Values in the Economy of Islam", he explained as follows:
1. The relationship between the employer (musta'jir) and laborers (marker) is a fraternal relations.
2. Workload and surrounding conditions should pay attention to human values. As mentioned above was not the same man with capital goods. Human beings need time to rest, socialization, and the most important is the time to worship.
3. The level of the minimum wage should be sufficient for meeting the basic needs of the workforce.
Implementation of human values in Islamic wage determination can be derived from two sources, namely: Musta'jir and Government. Musta'jir who believe will implement the human values in the determination of wages for its stake. Included in these human values is an element of fairness. The purpose of this justice we can see from the view Yusuf Qaradawi in his book "Messages and Moral Values in the Economy of Islam", he explained as follows:
"Indeed, an employee is entitled to his
wages if he was performing his job properly and in accordance with the
agreement, because Muslims are bound by the terms between them, except for the
requirement to ban the lawful or illegal legalize. However, if it is ditching
work without just cause or knowingly work with do not fit, then it should be
taken into account it (cut wages), because every right to be accompanied
obligations. During his wages in full, then the obligation is to be fulfilled.
It should be explained in detail in "work rules" that explain each of
the rights and obligations of both parties ".
So the purpose of the fair here is the need for clarity or
aqad (agreement) between musta'jir and marker. A musta'jir to be fair and firm
in this wage determination process. Rights (wage), a marker will be given if he
had been doing his duty (work) in advance. In the implementation of the values
of justice, the government tasked to intervene in the determination of wages.
The intervention of the government is guided by two
things, namely:
1. The requirement to monitor, maintain, and correct implementation of the Islamic values of life of people, including the policy on wages.
2. The requirement for the government to ensure justice and the welfare of its people, in this case either musta'jir or marker.
In Islam, this is actually market intervention is only temporary. The government will intervene if the market is distorted so that eventually the resulting wage is not fair wage.
things, namely:
1. The requirement to monitor, maintain, and correct implementation of the Islamic values of life of people, including the policy on wages.
2. The requirement for the government to ensure justice and the welfare of its people, in this case either musta'jir or marker.
In Islam, this is actually market intervention is only temporary. The government will intervene if the market is distorted so that eventually the resulting wage is not fair wage.
conclusion
It can be concluded from the above explanation regarding the overall wage according to Islamic principles is, in the determination of wages, Islam upholds human values of labor. Islam does not justify the setting of wages that only pay attention to labor, which is intended only for the welfare of labor alone. On the other hand the manufacturer or the employer are also considered welfare.
No alternative was offered by Islam, if the determination of wages through market mechanisms and government minimum wage policy is not working as it should. There are two alternatives offered, namely: Providing subsidies to producers. The subsidy is given so that manufacturers can still provide a decent wage to the work force, and provide subsidies to the side of labor. This subsidy is more accurately called the social security. So the permanent workforce gets market wage rates, but they also receive social security as a form of government attention to their welfare.
Reference list
It can be concluded from the above explanation regarding the overall wage according to Islamic principles is, in the determination of wages, Islam upholds human values of labor. Islam does not justify the setting of wages that only pay attention to labor, which is intended only for the welfare of labor alone. On the other hand the manufacturer or the employer are also considered welfare.
No alternative was offered by Islam, if the determination of wages through market mechanisms and government minimum wage policy is not working as it should. There are two alternatives offered, namely: Providing subsidies to producers. The subsidy is given so that manufacturers can still provide a decent wage to the work force, and provide subsidies to the side of labor. This subsidy is more accurately called the social security. So the permanent workforce gets market wage rates, but they also receive social security as a form of government attention to their welfare.
Reference list
Translation
of Qur'an and 2008, the Ministry of Religious Affairs, Diponegoro, Bandung
Annisa'atun,
Ana, Conditions Wages According to Law No. 13 of 2003 in the perspective of
Islamic law, Maliyah, Islamic Business Law Journal, Vol. 01, No. 01, June 2011
An-Nabhani,
Taqiyuddin 2009, the Economic System of Islam, Al-Azhar press, Bogor
Az-Zuhaili
Wahbah 2011, Islamic Fiqh Wa Adillatuhu, Gema Insani, Jakarta
Chaudhry
Sharif, Muhammad, 2012, the Islamic Economic System, golden Prenada media
group, Jakarta
Ghazali,
Rahman, Abdul, et al. 2010, Fiqh mu'amalat, golden Prenada media group, Jakarta
Mardani,
2012, Fiqh Islamic Economics, golden Prenada media group, Jakarta
Indonesian
minimum wage policy, www.ilo.org
The
latest wage setting, http://www.hukumtenagakerja.com
Government
Regulation No. 78 Year 2015 on Equal Remuneration
The development of regional minimum wage / provinces across Indonesia, www.bps.go.id
The development of regional minimum wage / provinces across Indonesia, www.bps.go.id
