Addressing Workers' Freedom of Association and its Dispute Resolution in the Context of the Shari'ah

Kamal Halili Hassan, Mostafa Seraji

Research output: Contribution to journalArticle

Abstract

Freedom of association for trade union has been generally accepted as part of basic human rights in Islam. Freedom of association, which include the right to join and participate in trade union activities, can be susceptible to disputes between employers and employees as well as trade unions. Islam provides freedom of association in labour relations and also mechanisms to settle disputes pertaining to such freedom. Conciliation (sulh) and arbitration (tahkim) are both used methods in the inception of Islam, which have similarities with the modern sense. We shall discuss in this article the right to dispute resolution between employers and trade unions in the context of freedom of association in labour relations as based on Shari'ah law and using modern legal systems of Islamic countries such as Iran, Malaysia and Saudi Arabia as examples.

Original languageEnglish
Pages (from-to)89-105
Number of pages17
JournalHuman Rights Review
Volume14
Issue number2
DOIs
Publication statusPublished - Jun 2013

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freedom of association
trade union
Islam
worker
labor relations
employer
arbitration
Saudi Arabia
legal system
Iran
Malaysia
human rights
employee
Law

Keywords

  • Dispute resolution
  • Freedom of association
  • ILO conventions
  • Industrial disputes
  • Shari'ah

ASJC Scopus subject areas

  • Sociology and Political Science
  • Law

Cite this

Addressing Workers' Freedom of Association and its Dispute Resolution in the Context of the Shari'ah. / Hassan, Kamal Halili; Seraji, Mostafa.

In: Human Rights Review, Vol. 14, No. 2, 06.2013, p. 89-105.

Research output: Contribution to journalArticle

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