The Ruling on Withholding Employees’ Salaries in the Kurdistan Region in Islamic Jurisprudence and Iraqi Law: A Jurisprudential–Legal Study

Abstract

This study examines the issue of withholding the salaries of public employees in the Kurdistan Region of Iraq during the period 2015–2021, a measure adopted in response to monetary policy crises. Under the label of “mandatory savings,” a portion of employees’ salaries was deducted compulsorily and redirected for specific purposes. The research investigates the jurisprudential and legal characterization of this measure: is it considered an unlawful usurpation (ghaṣb) or a legitimate debt? The study concludes that deducting salaries without the employee’s consent and without valid legal or Sharīʿa justification constitutes ghaṣb, obligating the government to return or repay the withheld funds to their rightful owners. However, if the deduction occurs with the employee’s consent and with a guaranteed repayment, it may be classified as a legitimate debt in Islamic law. From a legal standpoint, mandatory savings are inconsistent with Iraqi legislation, particularly the Labor Law and the Civil Service Law, as they were imposed without statutory basis or employee approval. This constitutes a violation of employees’ financial rights and welfare. Indeed, some administrative courts have annulled such decisions on the grounds of procedural and substantive irregularities. The study ultimately emphasizes that deducting salaries without employee consent or explicit legal authorization is impermissible both in Islamic jurisprudence and in Iraqi law, and it places full responsibility for the withheld amounts on the government. It concludes with a call for safeguarding employees’ financial rights and ensuring governmental compliance with them.