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The Law Of Contractual Work In Islam

In previous research, we have talked about the importance of work and the role of human effort in producing public utilities (interests) and various commodities.

Here, we will continue talking about the Law of Contractual Work in Islam, its qualities, the organizing and coordinating of the relations among the basic principles, and Laws of the Islamic economy, because the Labor Law represents the organizational stage of economic concepts and ideas to form basic, limited, and executable rules.

Without the Law and its limited rules, economic idea would become only floating theoretical concepts and principles which might be explained and distorted according to personal desires and wishes, so the economic principles would lose their objectives and be unable to solve the problems of society and treat its living and developmental situations.

The contractual labor Jaw of Islam covers a vast area of economic activity, organizes such an activity, and helps the Muslim to apply the economic ideas through these laws and legislations.

The Muslim jurisprudents have toughly studied these laws and given them various titles according to their subjects and applications.

The contract was the axis on which law studies focused, in this field, to organize the various relations of the contractual labor between the contracting parties - the employer and the employee.

In our contemporary society, it is very important 10 deals with these legal researches, exhaustively, and widen them to include the economic activities and relations taking place in the present society moving towards growth and complication.

In the juristic books, the researcher and the legal experts find adequate information necessary to cover all productive relations with the laws and organize labor contracts between the contracting parties to offer various living utilities and achieve just principles between the parties cooperating in offering utilities, because the utility that meets a lawful need is the essence of work and a justification for making every effort to accomplish it in the final form which man desires.

The more complicated the social life becomes, the more developed needs become, the more numerous specializations become, the more excessive human arts and knowledge become, the more excessive need to contractual labor becomes, the more wide the circle of contractual relations in human society becomes to offer various utilities.

So, in such a state, when the exchange of utilities (interests) increases, the hiring of workers and various experts increases, too. This increase takes place to meet numerous needs, for man in primitive life hardly needed to contract with others to offer a service or utility, because he himself used to meet his diverse needs for being undeveloped and simple.

The Muslim jurisprudents have analytically and thoroughly studied the matter or contractual labor and put forth it necessary legal and organizational bases, in addition to accurate details and main, wide - range rules that accurately and firmly address the hiring or workers with effort and experience.

The laws of contractual labor, as we have already mentioned, have been studied in brief or in detail under various topics, but, today, they are in need of gathering unifying, depending classifying, and necessary concluding in order to organize the increasing relations of human labor, which is based on the contract between the contracting parties.

The chapters under which the Muslim jurisprudents have studied the labor Jaws are:

1. The rules of contracts in general.
2. The rules or the general partnership in Islamic jurisprudence.
3. The laws of sleeper partnership.
4. The law of crop sharing.
5. The laws of a crop-sharing contract over the lease of a plantation.
6. Wage laws.
7. Payment laws.
8. The laws that organize contractual Labor such as security, reconciliation, deception, etc.
9. The laws of the stipulated right of cancellation and of division.

We cannot study all laws of contractual labor, thoroughly, but we will study the most important ones to give a clear picture about the labor law in Islam and the way with which the Muslim jurisprudents organize the labor contracts and the relation among the contractors.

Now, let us define contractual labor in general:

Contractual labor is that which is based on an agreement between two parties to produce a lawful utility or interest.

The two contracting parties limit and explain the way with which they find the utility or interest and the way in which they will make use of it.

The utility of the contracting parties is limited according to the Isla mic labor laws and the quality of the contract, which the contractors confirm. Therefore, the utility is considered in two ways:

A. All the profits are obtained by the first party; the arty who pays the recompense or the wage to the employee, while the second party takes the cost of his effort which he exerts for producing this utility. This condition occurs when the farmer, the doctor, the engineer, etc., are hired to produce a commodity or offer a certain service, so they take a- limited recompense for their efforts.

Thus, the Islamic Law has ordered the Muslim individual not to hire himself out and not to allow even a part of his effort to go for the employer.

In a tradition reported from Imam al-Sadiq (‘a) it has been mentioned:

"Whoever hires himself out (for others) certainly prevents himself from obtaining livelihood."

Also, Islamic law has made the Muslim individual like a free, dependent production to obtain all his efforts and liberate him from the domination of others.

We must not confuse ideas and concepts when we consider this excellent Islamic text carefully. That Islam, though it does not permit the Muslim individual to hire himself out to others, it does not mean to obstruct the growth of social work, rather it means to teach and urge the employee to preserve his efforts and rights.

Besides, the concept, here of reprehensibility does not mean prevention and forbidding, rather it means leaving for the better.

Moreover, this reprehensibility is raised when there is a social need that summons man to practice contractual labor.

B. The two contracting parties, being partners in the utility results from contractual work, as in the sleeper partnership, where, one of the contracting parties offers the capital, while the second party offers the effort, then the two parties are partners in the production of this work.

For example, one of the contracting parties give the other party a sum of money, then the latter begins investing the sum in trade or industry by using his effort and experience, so the person who offers his effort and produces the utility is the partner of the person who offers the capital.

After this brief preface concerning the basic ideas of contractual labor, we will discuss the main idea through presenting the labor Law of the most important ideas like capitalism, communism, and Islam to acquire ourselves with the way in which each of these schools addresses the subject of contractual labor for which man hires himself out and sells his effort for a limited utility, is juristically called [Ijarah ] (wage).

This Law covers vast areas of the industrial labor offering services, and trade and agricultural work in addition to the system of sleeper partnership, crop sharing, crop sharing contract over the lease of a plantation, cultivation of the uncultivated lands from which the worker gets a limited share of the production and the fruit of his efforts.