AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES - Third Canadian Edition

Page created by Philip Pham
 
CONTINUE READING
AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES - Third Canadian Edition
AN
EMPLOYERS
GUIDE TO
ISLAMIC
RELIGIOUS
PRACTICES

Third Canadian Edition
AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES - Third Canadian Edition
Table of Contents

                                                    01 Introduction                                 ......................................                             3

                                                    02 Diversity of Canadian Muslims                                                                  .........        4

                                                    03 Canadian legal protections
                                                       of religious freedomS . . . . . . . . . . . . . . . . . . . . . . . 5

                                                    04 Islamic work ethics                                             ...........................                     5

                                                    05 ACCOMMODATION WORK ISSUES                                                               .............             7
                                                      Prayer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
                                                    	Washing (Ablution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
                                                    	Friday Prayer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
                                                    	Fasting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
“That a human can have nothing but                  	Pilgrmage (Hajj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
                                                    	Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
what they strive for; That the fruit of               Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
their striving will soon come in sight:               Beard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

Then will they be rewarded with a                   06 OTHER CONSIDERATIONS                                                  ......................                 16
reward complete.”                                   07 GLOSSARY oF TERMS                                           ............................                     18

Quran, An-Najm, The Star, Chapter 53, verse 39-41   08 CONTACT INFORMATION                                                  .....................                   20
AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES - Third Canadian Edition
01. Introduction
According to statistical data, Islam is a growing
religion in Canada. As such, Canadians who
identify either culturally or religiously as Muslim
make up an increasing percentage of the
Canadian workforce.

In order to ensure an equitable work environment
for all Canadians and to remain competitive
both domestically as well as internationally by
attracting and retaining top talent, it is important
that employers familiarize themselves with the
needs of an increasingly multi-cultural and
multi-faith workforce. Mutual trust, respect, and
understanding are important elements of any
productive work environment.

This Guide aims to promote better understanding
between employers and their employees. It is
also designed to assist employers and human
resource departments in formulating and
implementing policies that will help create and
facilitate inclusive and productive workplaces.

                                                       03
AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES - Third Canadian Edition
03 . Canadian Legal
                                                                          Protections of
                                                                          Religious Freedom
                                                                          Prayer, fasting, religious holidays, pilgrimage,
                                                                          as well as dietary and clothing requirements form
                                                                          part of Islamic practice for many Muslims.
     02 . Diversity                                                       Such religious practices are legally protected in Canada.
     of Canadian Muslim                                                   The Canadian Charter of Rights and Freedoms constitutionally
     Communities                                                          guarantees the freedom of religious practice, in addition to
                                                                          such fundamental rights as the freedom of peaceful assembly,
     The Canadian Muslim community is diverse.                            association, thought, belief, opinion and expression.
     Although the majority of Canadian Muslims identify
                                                                          Canada also has provincial and federal human rights legislation
     as belonging to the branch of Islam known as
                                                                          that operate to prohibit discriminatory practices by private
     “Sunni”, which is the overwhelming majority of
                                                                          actors and individuals on the basis of religion in the areas
     Muslims worldwide, there are significant numbers of
                                                                          of employment, accommodation and the provision of goods,
     Muslims from other branches of Islam, for example                    services and facilities. Consequently, employers are prohibited
     the “Shia” community and others.                                     from discriminating against employees on the basis of religion.
     Similar to other faith communities, given this diversity, not
     all Muslims will adhere to all the practices mentioned in
     this guide. While many of the practices are similar, there           04 . ISLAMIC WORK ETHICS
     are differences amongst the groups. Employers may have
     employees from various Muslim backgrounds as well as                 Throughout traditional religious texts, Muslims
     various levels of practice.                                          are encouraged to consider their efforts at work
                                                                          as a form of worship.
     Thus, this publication is meant to provide general guidelines only
     in providing information and suggestions to employers on a variety   For this reason, many Muslims put in a lot of effort and care
     of issues that may arise with respect to Muslim employees.           into their daily tasks in order to be successful both practically
     Accordingly, it is always best to ask rather than assume.            and spiritually.

04                                                                                                                                            05
AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES - Third Canadian Edition
05 . ACCOMMODATION ISSUES
Employers have a positive “duty” under the law to
accommodate an employee’s religious observances,
where doing so would not cause the employer
undue hardship.

The purpose of accommodation is not to provide “special
treatment” for some individuals or groups. Rather, the notion
of accommodation is based on the recognition that rules and
procedures that apply equally to everyone do not affect everyone
in equal manner.

According to the Canadian Human Rights Commission, “Under
the Canadian Human Rights Act, an employer or service provider
can claim undue hardship when adjustments to a policy, practice,
by-law or building would cost too much, or create risks to health
or safety. There is no precise legal definition of undue hardship
or a standard formula for determining undue hardship. Each
situation should be viewed as unique and assessed individually.

It is not enough to claim undue hardship based on an
assumption or opinion, or by simply saying there is some cost. To
prove undue hardship, you will have to provide evidence as to the
nature and extent of the hardship.”

One simple example is that, in Canada, the regular work week
is from Monday to Friday. Employees belonging to faith groups
that meet for worship on a Saturday or Sunday are not impacted
by a Monday to Friday work week in same way that employees
belonging to faith groups that gather for worship on other days.
Consider that the latter set of employees may need to make
special arrangements to be away from work in order to attend

                                                                    07
AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES - Third Canadian Edition
special congregational services, while most other employees do         Prayer
not need to seek out similar accommodations.
                                                                       Daily prayers are a central practice of the Islamic faith.
Accommodation is a requirement of the law; however,                    To that end, Islam prescribes prayer five times daily.
accommodating religious practices at work holds advantages for
both employee and employer. Employees that feel included and
treated equally are less likely to leave their jobs which ultimately   The Five Daily Prayers
reduces workplace turnover. What’s more, happy employees are           ..................................................................
productive employees.
                                                                       Fajr 		Between dawn and sunrise
The following are some common areas where Muslim employees             ..................................................................
may make requests for religious accommodation at work.
                                                                       Dhuhr		Between noon and mid-afternoon
                                                                       ..................................................................

                                                                       Asr		Between mid-afternoon and sunset
                                                                       ..................................................................

                                                                       Maghrib          Just after sunset
                                                                       ..................................................................

                                                                       Isha		Late evening
                                                                       ..................................................................

                                                                       Because the prayer times follow the trajectory of the earth’s
                                                                       sun, the daily prayer times shift throughout the calendar year.
                                                                       Typically, two of the five daily prayers (Dhuhr and Asr), fall within
                                                                       the typical 9-5 working day. The time it takes to perform the
                                                                       washing (see next section) and the prayer is usually about 10
                                                                       minutes. This enables the Muslim employee to pray during break
                                                                       times or at lunch/dinner breaks.

                                                                                                                                               09
Washing/ Ablution before prayer (wudu)                              Because Jum’ah falls on a Friday, this presents a problem to
                                                                         employees who have work schedules that conflict with the time
     Before prayer, Muslims are required to wash their face, hands,      of Jum’ah. Employees may request a revised work schedule that
     arms and feet with clean water. This washing is normally            would allow them to attend Jum’ah prayer. A Muslim employee
     performed in a restroom sink or other facility that has running     should be able to complete Jum’ah prayer during a slightly
     water and takes about three minutes.                                extended lunch break, with time allotted to also accommodate
                                                                         time required for travel to and from the prayer. Any work missed
                                                                         may be made up by either staying later or coming in earlier, or
     Prayer Space
                                                                         through whatever arrangements are mutually satisfactory.
     During the act of prayer, Muslims stand, bow, and prostrate
     (touch their forehead to the ground). Worship may be performed      ..................................................................
     in any quiet, clean space. During prayers, the worshipper will
     face towards the direction of Mecca (generally northeast in         Fasting
     North America). Some measure of privacy is preferred. However,
                                                                         Fasting during Ramadan is another important practice in Islam.
     should others be present, they must not walk in front of or
                                                                         The month of Ramadan, the ninth month of the Islamic calendar,
     interrupt the worshipper during the prayer. It usually takes less
                                                                         is the time when Muslims are required to fast from dawn until
     than 10 minutes to perform the prayer.
                                                                         sunset (abstaining from all food and drink, as well as water). As
     During the prayer the employee may not respond to verbal calls      the Islamic calendar is based on the lunar cycle, the month of
     from his/her colleagues but, in an emergency, can and should        Ramadan begins 10 or 11 days earlier each year: in Canada this
     interrupt their prayer.                                             means that the hours of fasting vary from year to year.

                                                                         Muslims are not meant to remove themselves from the regular
     Friday Congregational Prayer (Jum’ah)                               activities of everyday life during Ramadan. However, an
                                                                         employee observing the fast will not be able to eat during typical
     Friday is the day for congregational worship in Islam, called       lunch times. Mutually convenient adjustments should be made.
     Jum’ah. Jum’ah usually lasts about 45 minutes to one hour and       For example, a work shift could be shortened by the length of the
     takes the place of the daily Dhuhr prayer. The requirements of      lunch break, if the lunch break is not taken.
     Jum’ah include a short sermon followed by a prayer performed
     in congregation, usually held at a mosque or Islamic centre.        Also, employers should be aware of these restrictions when
     For this reason, most Muslim employees will need to leave the       considering the timing of any outside-of-normal office hours
     worksite in order to attend Friday prayers.                         meetings or work functions where food is being served.

10                                                                                                                                            11
Holidays                                                               end of Ramadan. It is celebrated by all Muslims, not only those
                                                                            performing the ritual of the hajj. Special congregational prayers
     Canadian employers are legally required to provide employees           are offered on the day of Eid and it is a time for celebration and
     with two full days of holiday for religious observances (in addition   visiting with friends and family. “Eid Mubarak” (lit. Eid Blessings)
     to vacation days and statutory holidays).                              is a common greeting exchanged on the day of Eid. Note: Some
                                                                            Muslims from the different sects and branches of Islam may also
     The following are days on which Muslim employees are likely
                                                                            observe additional religious holidays.
     to request permission to be absent from work for part or the
     entirety of the day. Employees and employers should create a
     mutually agreeable arrangement in order ensure there is no
     undue penalty placed on the employee for fulfilling this religious
     obligation, such as loss of pay or vacation time. For example,
     some employers may allow employees to use personal days for
     these absences, while others may ask the employee to use his or
     her lieu time or overtime in order to cover the absence.

     Eid-ul-Fitr
     Eid is the Arabic word meaning a recurring event, and in Islam
     it denotes the religious festivals. Fitr means “to break” and this     ..................................................................
     particular festival signals the breaking of the fasting period of
     Ramadan. It is a day of thanksgiving and celebration. Special
                                                                            Pilgrimage (Hajj)
     congregational prayers are offered and alms are distributed            Pilgrimage plays a significant role in many faiths. In Islam,
     to the poor and needy. Gifts may also be given to children and         pilgrimage or hajj is one the most important obligations of the
     exchanged between loved ones. “Eid Mubarak” (lit. Eid Blessings)       faith. Muslim adults are required to go on a pilgrimage to the city
     is a common greeting exchanged on the day of Eid.                      of Mecca at least once in their lifetime. Pilgrimage lasts for about
                                                                            a week in the beginning of the twelfth month of the Islamic lunar
                                                                            calendar. Because the time of hajj follows the lunar calendar, it
     Eid-ul-Adha
                                                                            begins 10 or 11 days earlier each year. Muslim employees may
     The festival of Eid-ul-Adha, also known as the Festival of             use vacation days or request an unpaid leave of absence in order
     Sacrifice, is observed at the end of the hajj or yearly pilgrimage     to fulfill the rites of hajj. Employees and employers should work
     to Mecca approximately two months and ten days after the               together to explore available options.

12                                                                                                                                                 13
Clothing
     Islam prescribes that both men and women behave and dress
     modestly in public. There are a number of ways in which
     Muslim men and women interpret and express such teachings,
     which also may be influenced by their cultural, ethnic and
     national backgrounds.

     Men are expected to be covered, at a minimum, from the navel
     to the knee in clothes that is neither tight-fitting nor transparent.
     When in public, many Muslim women wear long, loose-fitting
     and non-transparent clothing. This attire, which may vary in
     style, often includes a head covering or scarf, known as hijab.
     There are many ways of wearing the hijab, that can often
     accommodate the employer’s own uniform requirements and
     workplace culture.

     Discuss workplace dress code requirements with employees and
     allow for uniform exemptions where necessary. Uniform policies
     should be reviewed so as to ensure that Muslim dress code is
     taken into consideration.

     ..................................................................

     Beards
     Some Muslim men wear beards and consider it to be a requirement
     of their faith. For this reason, exemptions may need to be made
     if the employer has a policy that workers be clean-shaven. If
     there are health and safety concerns, employers may require
     employees with beards to use temporary coverings such as hair
     nets or masks.

14
06 . OTHER CONSIDERATIONS                                            Physical Contact
     Dietary Requirements                                                 Some Muslims refrain from all physical contact with unrelated
                                                                          persons of the opposite gender. This includes what some people
     The Qur’an (Islam’s scripture) prohibits the consumption of          consider casual greetings such as kissing cheeks, hugging, and
     alcohol and other intoxicants as well as products containing         hand-shaking. This restraint is considered by some Muslims
     or cooked using pork and any pork by-products or derivatives         to be an expression of personal modesty. If a Muslim employee
     (e.g. lard, pork-based gelatin). Some Muslims also refrain from      excuses themselves from such forms of physical contact it
     eating animals and animal by-products not derived from halal         should not be regarded as a personal insult of affront. Every
     sources. Halal (lit. permissible) refers to meat slaughtered         individual has the right to have their personal space respected.
     according to Islamic law (similar to Jewish kosher laws).
                                                                          ..................................................................
     Therefore, while many Muslims are careful about the food
     they consume and how it is prepared, there are varying degrees       Harassment in the workplace
     of sensitivity and observance. Many Muslims also have no
     issues consuming meats and chicken provided by non-Muslim            Since the events of September 11, 2001 depictions of Islam and
     food providers.                                                      Muslims in the mainstream media have been overwhelming
                                                                          negative. Employees who are Muslim, or who are perceived to be
     Employers should provide information about food menus                Muslim, have been the targets of teasing, cruel jokes, and out-
     whenever applicable at work (lunch meetings, conferences,            right harassment.
     social occasions etc.).
                                                                          Employers should make every effort to create a safe, inclusive
     ..................................................................   and harassment-free work environment for all employees.
                                                                          Reports of discrimination should be investigated promptly and
     Social/Work Events                                                   appropriate action should be taken to remedy the situation.

     Some Muslims may be reluctant to take part in social gatherings      However, proactive measures including holding lunchtime
     celebrating religious holidays of other faiths (Christmas,           seminars on Islam provides a safe space for people to learn
     Halloween etc.) or generally, where alcohol is served. These         more about the religious practices of their Muslim colleagues
     employees should not be penalized for not attending such             and may help prevent potential conflicts.
     functions and it is best for employers to avoid mixing such events
     with business meetings/discussions. A Muslim employee should         Please contact NCCM to find out how to arrange a seminar at your
     not be asked to serve or sell alcoholic beverages.                   workplace or for more information on these or related issues.

16                                                                                                                                             17
07 . GLOSSARY OF TERMS

      Asr           mid-afternoon prayer                                  Islam	Abrahamic faith with over 1 billion adherents
     ..................................................................                  worldwide. Muslims believe in the oneness of God
     Dhuhr          noon prayer                                                          and that Muhammed was one of God’s prophets.
     ..................................................................   ..................................................................

     Eid Al-Adha	Festival marking the end of the yearly pilgrimage        Jum’ah         The Friday congregation prayer.
                    in Mecca.                                             ..................................................................
     ..................................................................   Maghrib	Sunset prayer.
     Eid Al-Fitr	Festival marking the end for the month of fasting        ..................................................................
                    (Ramadan).                                            Mecca          The geographical place Muslims turn towards
     ..................................................................                  when offering prayers. Also the location of the
     Fajr           early morning prayer                                                 hajj (pilgrimage) in Islam.
     ..................................................................   ..................................................................

     Hajj           The pilgrimage to the city of Mecca which every       Muslims	Followers of Islam.
                    Muslim adult is required to make at least once in     ..................................................................
                    their lifetime. It occurs during the 12th month of    Qur’an         Islam’s holy book.
                    the Islamic lunar calendar.                           ..................................................................
     ..................................................................   Ramadan        The 9th month of the Islamic lunar calendar. Also
     Halal	Permissible by Islamic law.                                                   the month of fasting.
     ..................................................................   ..................................................................

     Hijab	Loose-fitting, non-transparent clothing worn by                Sawm	Literally ‘to abstain.’ Is the Arabic word for fasting.
                    Muslim women. Usually includes a head covering.       ..................................................................
     ..................................................................   Wudu	Refers to the ritual washing of the face, hands,
     Isha           evening prayer                                                       and feet before prayer.
     ..................................................................   ..................................................................

18                                                                                                                                             19
08 . CONTACT INFORMATION

   National Council
   of Canadian Muslims
   (NCCM)

   P.O.Box 13219, Ottawa, ON
   Canada, K2K 1X4

   Tel: 1.866.524.0004
   Local: (613) 254.9704
   Fax: (613) 254.9810

   info@nccm.ca

   www.nccm.ca
The NCCM is an independent non-
profit, non-partisan, grassroots
advocacy organization. It is a leading
voice for Muslim civic engagement
and the promotion of human rights.

www.nccm.ca
1.866.524.0004
info@nccm.ca
P.O. Box 13219
Ottawa ON K2K 1X4
You can also read