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 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 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 as belonging to the branch of Islam known as Canada also has provincial and federal human rights legislation 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 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 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 Pilgrimage (Hajj) Ramadan. It is a day of thanksgiving and celebration. Special 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 Eid-ul-Adha calendar. Because the time of hajj follows the lunar calendar, it 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
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 [email protected] P.O. Box 13219 Ottawa ON K2K 1X4