Jurisprudential Foundations of State Intervention in Labor Contract in the Economic System of Islam
Document Type : Research Paper
Authors
1 Associate Professor, Faculty of Islamic Studies and Theology, Imam Sadiq University, Tehran, Iran
2 Ph.D in Jurisprudence and Islamic Law, Urumiyeh University, Urumiyeh, Iran
3 M.A in Public Law, Imam Sadiq University, Tehran, Iran
Abstract
State as a public institution, intervenes in the labor contract in favor of one party, i.e. the laborer, and requires the employer to comply with certain conditions in the labor exchange in favor of the laborer. However, in Shiite jurisprudence, labor exchange is concluded individually, and based on the will of both parties. So intervention and involvement of the third party in the private contract of the laborer and the employer is not permitted. The apparent contradiction of labor exchange in the labor law and the Shiite jurisprudence on the above -said issue is the problem of the present paper.
This article aims to explain how the state intervenes in the labor contract, and to provide the jurisprudential evidence in the Islamic government and economic system of Islam. The importance of this research is to explain the framework of labor exchange, and rejection of exploitation of workers on the basis of Shiite jurisprudence, in the Islamic economic system, and the economic system prevailing in the Islamic Republic of Iran. Research domain covers investigation of intervention of the state in labor contract and the views of experts in labor law, research into the approach of capitalist economic system towards exchange and consideration for labor, and study of foundations of intervention of the state according to Shiite jurisprudents.
Finally, after studying the conditions of intervention of the state in labor law, and the exploitation arising from the way of exchange and consideration for labor in the capitalist economic system, it is considered necessary for the government to intervene in the labor law, presenting the rule of “prohibition of abusing the right of ownership against others” and “governmental authorities of the Islamic ruler” as foundations of this intervention.
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