an employers guide to islamic religious practices - NCCM

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
05 ACCOMMODATION WORK ISSUES
“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
5
...........................
7
Prayer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Washing (Ablution) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Friday Prayer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
Fasting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
Pilgrmage (Hajj) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
Clothing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
Beard . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
06 OTHER CONSIDERATIONS
07 GLOSSARY oF TERMS
.............
......................
16
............................
18
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
02 . Diversity
of Canadian Muslim
Communities
The 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.
04
Prayer, 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 ETHICS
Throughout 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.
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
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
..................................................................
DhuhrBetween noon and mid-afternoon
..................................................................
AsrBetween mid-afternoon and sunset
..................................................................
Maghrib
Just after sunset
..................................................................
IshaLate 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)
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.
10
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.
..................................................................
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.
11
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.
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.
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
12
..................................................................
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.
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
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.
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.).
..................................................................
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.
16
..................................................................
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 outright 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.
17
07 . GLOSSARY OF TERMS
Asr
mid-afternoon prayer
..................................................................
Dhuhr
noon prayer
..................................................................
Eid Al-AdhaFestival marking the end of the yearly pilgrimage
in Mecca.
..................................................................
Eid Al-FitrFestival marking the end for the month of fasting
(Ramadan).
..................................................................
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.
..................................................................
HalalPermissible by Islamic law.
..................................................................
HijabLoose-fitting, non-transparent clothing worn by
Muslim women. Usually includes a head covering.
..................................................................
Isha
evening prayer
..................................................................
18
IslamAbrahamic faith with over 1 billion adherents
worldwide. Muslims believe in the oneness of God
and that Muhammed was one of God’s prophets.
..................................................................
Jum’ah
The Friday congregation prayer.
..................................................................
MaghribSunset prayer.
..................................................................
Mecca
The geographical place Muslims turn towards
when offering prayers. Also the location of the
hajj (pilgrimage) in Islam.
..................................................................
MuslimsFollowers of Islam.
..................................................................
Qur’an
Islam’s holy book.
..................................................................
Ramadan
The 9th month of the Islamic lunar calendar. Also
the month of fasting.
..................................................................
SawmLiterally ‘to abstain.’ Is the Arabic word for fasting.
..................................................................
WuduRefers to the ritual washing of the face, hands,
and feet before prayer.
..................................................................
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
[email protected]
www.nccm.ca
The NCCM is an independent nonprofit, 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