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Freedom of association in labour relations in the context of the Maqasid-al-Shari’ah principles

Author

Listed:
  • Mostafa Seraji

    (Universiti Kebangsaan Malaysia)

  • Kamal Halili Hassan

    (Universiti Kebangsaan Malaysia)

Abstract

Labour relations are an important chapter in economic and industrial development. Labour relations are divided into personal employer-employer relationship and collective relationship between employer and trade union. The collective relationship forms the core of the employees’ right to freedom of association. This article discusses the right of employees to freedom of association including the right to strike from the Islamic perspective. The Islamic principles applicable in this context are Maqasid-al-Shari’ah (the higher objective of Islamic law), Haqq and Jama’ah (the functional concepts in Islamic law). Freedom of association in labour relations which is basically a western concept suits the three Islamic principles and the Islamic principles are in line with the ILO standards and European law. This article is written by using pure legal research method, i.e. adopting a content analysis approach with the Islamic sources such as the Qur’an and Hadith as a point of reference.

Suggested Citation

  • Mostafa Seraji & Kamal Halili Hassan, 2018. "Freedom of association in labour relations in the context of the Maqasid-al-Shari’ah principles," European Journal of Law and Economics, Springer, vol. 45(2), pages 377-395, April.
    • Handle: RePEc:kap:ejlwec:v:45:y:2018:i:2:d:10.1007_s10657-013-9393-0
    DOI: 10.1007/s10657-013-9393-0
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    More about this item

    Keywords

    Employer; Employee; Freedom of association; Strike; Islam;
    All these keywords.

    JEL classification:

    • K1 - Law and Economics - - Basic Areas of Law
    • K12 - Law and Economics - - Basic Areas of Law - - - Contract Law

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