Workload Changes in Ijārah Contracts: Contractual Justice and Worker Rights in Islamic Law

Abstract

This study examines changes in workload within an ijārah al-a‘māl employment relationship and analyzes their implications for contractual justice and worker rights from the perspective of Islamic law. The study addresses the problem of additional duties assigned to workers beyond the scope of an initial oral employment agreement without corresponding renegotiation or adjustment of ujrah. Employing a qualitative empirical legal research design with a descriptive-analytical approach, data were collected through non-participant observation, semi-structured interviews with one employer, one active worker, and one former worker, as well as examination of relevant documents. Data were analyzed through coding, categorization, interpretation, and normative comparison with the principles of ijārah al-a‘māl, tarāḍin (mutual consent), contractual clarity, ‘adl (justice), and proportionality of remuneration. The findings demonstrate that the initial employment agreement primarily covered store-related activities, including serving customers, arranging merchandise, and supervising the store. In practice, workers were subsequently assigned additional domestic and personal duties, such as cleaning the employer’s house, washing clothes, cleaning storage areas, and caring for the employer’s child. These additional responsibilities were imposed without explicit renegotiation and without an adjustment of the agreed remuneration. The study further finds that workers’ acceptance of the additional duties was influenced by economic dependence and concerns about losing employment, raising questions regarding the substantive nature of mutual consent. From the perspective of Islamic law, substantial changes in workload should be accompanied by renewed agreement and proportionate compensation. The study concludes that expanding work responsibilities without contractual renegotiation and corresponding adjustment of ujrah does not fully reflect the principles of contractual clarity, tarāḍin, proportionality, and justice in ijārah al-a‘māl. The findings underscore the importance of transparent employment agreements as a mechanism for protecting worker rights in informal economic activities