an employers guide to islamic religious practices

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Third Canadian Edition AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES

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Page 1: AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES

Third Canadian Edition

AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES

Page 2: AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES

TablE of ConTEnTs

“That a human can have nothing but what they strive for; That the fruit of their striving will soon come in sight: Then will they be rewarded with a reward complete.”

Quran, an-najm, The star, Chapter 53, verse 39-41

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 pilgrmage (hajj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

beard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14

06 oThEr ConsIdEraTIons . . . . . . . . . . . . . . . . . . . . . . 16

07 glossary of TErMs . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

08 ConTaCT InforMaTIon . . . . . . . . . . . . . . . . . . . . . 20

Page 3: AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES

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.

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02 . dIvErsITy of CanadIan MuslIM CoMMunITIEsThe Canadian Muslim community is diverse. although the majority of Canadian Muslims identify as belonging to the branch of Islam known as “sunni”, which is the overwhelming majority of Muslims worldwide, there are significant numbers of Muslims from other branches of Islam, for example the “shia” community and others.

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 are differences amongst the groups. Employers may have employees from various Muslim backgrounds as well as various levels of practice.

Thus, this publication is meant to provide general guidelines only in providing information and suggestions to employers on a variety of issues that may arise with respect to Muslim employees. Accordingly, it is always best to ask rather than assume.

03 . CanadIan lEgal proTECTIons of rElIgIous frEEdoMprayer, fasting, religious holidays, pilgrimage, as well as dietary and clothing requirements form part of Islamic practice for many Muslims.

Such religious practices are legally protected in Canada. The Canadian Charter of rights and freedoms constitutionally guarantees the freedom of religious practice, in addition to such fundamental rights as the freedom of peaceful assembly, association, thought, belief, opinion and expression.

Canada also has provincial and federal human rights legislation that operate to prohibit discriminatory practices by private actors and individuals on the basis of religion in the areas of employment, accommodation and the provision of goods, services and facilities. Consequently, employers are prohibited from discriminating against employees on the basis of religion.

04 . IslaMIC work EThICsThroughout traditional religious texts, Muslims are encouraged to consider their efforts at work as a form of worship.

for this reason, many Muslims put in a lot of effort and care into their daily tasks in order to be successful both practically and spiritually.

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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

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special congregational services, while most other employees do not need to seek out similar accommodations.

Accommodation is a requirement of the law; however, 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 reduces workplace turnover. what’s more, happy employees are productive employees.

The following are some common areas where Muslim employees may make requests for religious accommodation at work.

prayEr

daily prayers are a central practice of the Islamic faith. To that end, Islam prescribes prayer five times daily.

The Five DAily PrAyerS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

FAjr between dawn and sunrise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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.

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washing/ ablution before prayer (wudu)

before prayer, Muslims are required to wash their face, hands, arms and feet with clean water. This washing is normally performed in a restroom sink or other facility that has running water and takes about three minutes.

prayer space

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 north america). some measure of privacy is preferred. however, should others be present, they must not walk in front of or interrupt the worshipper during the prayer. It usually takes less than 10 minutes to perform the prayer.

during the prayer the employee may not respond to verbal calls from his/her colleagues but, in an emergency, can and should interrupt their prayer.

friday Congregational prayer (Jum’ah)

friday is the day for congregational worship in Islam, called Jum’ah. Jum’ah usually lasts about 45 minutes to one hour and takes the place of the daily dhuhr prayer. The requirements of Jum’ah include a short sermon followed by a prayer performed in congregation, usually held at a mosque or Islamic centre. for this reason, most Muslim employees will need to leave the worksite in order to attend friday prayers.

because Jum’ah falls on a friday, this presents a problem to employees who have work schedules that conflict with the time of Jum’ah. Employees may request a revised work schedule that would allow them to attend Jum’ah prayer. a Muslim employee should be able to complete Jum’ah prayer during a slightly 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 through whatever arrangements are mutually satisfactory.

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fasTIng

fasting during ramadan is another important practice in Islam. The month of ramadan, the ninth month of the Islamic calendar, is the time when Muslims are required to fast from dawn until sunset (abstaining from all food and drink, as well as water). as the Islamic calendar is based on the lunar cycle, the month of ramadan begins 10 or 11 days earlier each year: in Canada this means that the hours of fasting vary from year to year.

Muslims are not meant to remove themselves from the regular activities of everyday life during ramadan. however, an employee observing the fast will not be able to eat during typical lunch times. Mutually convenient adjustments should be made. for example, a work shift could be shortened by the length of the lunch break, if the lunch break is not taken.

also, employers should be aware of these restrictions when considering the timing of any outside-of-normal office hours meetings or work functions where food is being served.

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holIdays

Canadian employers are legally required to provide employees with two full days of holiday for religious observances (in addition to vacation days and statutory holidays).

The following are days on which Muslim employees are likely 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 congregational prayers are offered and alms are distributed to the poor and needy. gifts may also be given to children and exchanged between loved ones. “Eid Mubarak” (lit. Eid blessings) is a common greeting exchanged on the day of Eid.

Eid-ul-adha

The festival of Eid-ul-adha, also known as the festival of sacrifice, is observed at the end of the hajj or yearly pilgrimage to Mecca approximately two months and ten days after the

end of ramadan. It is celebrated by all Muslims, not only those performing the ritual of the hajj. special congregational prayers are offered on the day of Eid and it is a time for celebration and visiting with friends and family. “Eid Mubarak” (lit. Eid blessings) is a common greeting exchanged on the day of Eid. note: some Muslims from the different sects and branches of Islam may also observe additional religious holidays.

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pIlgrIMagE (haJJ)

pilgrimage plays a significant role in many faiths. In Islam, pilgrimage or hajj is one the most important obligations of the faith. Muslim adults are required to go on a pilgrimage to the city 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 begins 10 or 11 days earlier each year. Muslim employees may use vacation days or request an unpaid leave of absence in order to fulfill the rites of hajj. Employees and employers should work together to explore available options.

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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.

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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.

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06 . oThEr ConsIdEraTIonsdietary requirements

The Qur’an (Islam’s scripture) prohibits the consumption of alcohol and other intoxicants as well as products containing or cooked using pork and any pork by-products or derivatives (e.g. lard, pork-based gelatin). some Muslims also refrain from eating animals and animal by-products not derived from halal sources. halal (lit. permissible) refers to meat slaughtered 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 of sensitivity and observance. Many Muslims also have no issues consuming meats and chicken provided by non-Muslim food providers.

Employers should provide information about food menus whenever applicable at work (lunch meetings, conferences, social occasions etc.).

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social/work Events

some Muslims may be reluctant to take part in social gatherings celebrating religious holidays of other faiths (Christmas, halloween etc.) or generally, where alcohol is served. These employees should not be penalized for not attending such functions and it is best for employers to avoid mixing such events with business meetings/discussions. a Muslim employee should not be asked to serve or sell alcoholic beverages.

physical Contact

some Muslims refrain from all physical contact with unrelated persons of the opposite gender. This includes what some people consider casual greetings such as kissing cheeks, hugging, and hand-shaking. This restraint is considered by some Muslims to be an expression of personal modesty. If a Muslim employee excuses themselves from such forms of physical contact it should not be regarded as a personal insult of affront. Every individual has the right to have their personal space respected.

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harassment in the workplace

since the events of september 11, 2001 depictions of Islam and Muslims in the mainstream media have been overwhelming negative. Employees who are Muslim, or who are perceived to be Muslim, have been the targets of teasing, cruel jokes, and out-right harassment.

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 appropriate action should be taken to remedy the situation.

however, proactive measures including holding lunchtime seminars on Islam provides a safe space for people to learn more about the religious practices of their Muslim colleagues and may help prevent potential conflicts.

please contact nCCM to find out how to arrange a seminar at your workplace or for more information on these or related issues.

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07 . glossary of TErMs

Asr mid-afternoon prayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Dhuhr noon prayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

eid Al-Adha festival marking the end of the yearly pilgrimage in Mecca.

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eid Al-Fitr festival marking the end for the month of fasting (ramadan).

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Fajr early morning prayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

hajj The pilgrimage to the city of Mecca which every Muslim adult is required to make at least once in their lifetime. It occurs during the 12th month of the Islamic lunar calendar.

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halal permissible by Islamic law.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

hijab loose-fitting, non-transparent clothing worn by Muslim women. usually includes a head covering.

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isha evening prayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

islam abrahamic faith with over 1 billion adherents worldwide. Muslims believe in the oneness of god and that Muhammed was one of god’s prophets.

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jum’ah The friday congregation prayer.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Maghrib sunset prayer.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Mecca The geographical place Muslims turn towards when offering prayers. also the location of the hajj (pilgrimage) in Islam.

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Muslims followers of Islam.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Qur’an Islam’s holy book. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

ramadan The 9th month of the Islamic lunar calendar. also the month of fasting.

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Sawm literally ‘to abstain.’ Is the arabic word for fasting.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Wudu refers to the ritual washing of the face, hands, and feet before prayer.

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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

[email protected]

www.nccm.ca

Page 13: AN EMPLOYERS GUIDE TO ISLAMIC RELIGIOUS PRACTICES

www.nCCM.Ca

1.866.524.0004 [email protected]. box 13219 ottawa on k2k 1X4

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.