Contractualism in employment relationships

A conceptual discourse of common law and the Shariǎh

Research output: Contribution to journalArticle

2 Citations (Scopus)

Abstract

This article discusses contractualism in employment relationships from the perspectives of common law and the Shariǎh. While common law has developed a modern concept of employment relationships-a contract of service as opposed to a contract for services-Islamic history has shown a similar development. In fact, Islam has contributed immensely to the emergence of a contract of service. That contribution is the reason this article adopts an intertwined discourse of both systems. However, there are differences in such relationships; whereas an element of control dominates the contract of service in common law, the Islamic system places more emphasis on the principle of brotherhood. However, when it comes to the mutual trust and confidence of both parties in implementing the implied obligations under contract, both systems share the same values.

Original languageEnglish
Pages (from-to)175-192
Number of pages18
JournalArab Law Quarterly
Volume26
Issue number2
DOIs
Publication statusPublished - 2012

Fingerprint

employment relationship
common law
discourse
brotherhood
Islam
obligation
confidence
history
Values

Keywords

  • common law
  • contractualism
  • employment
  • ijārah
  • Shariǎh

ASJC Scopus subject areas

  • Law

Cite this

Contractualism in employment relationships : A conceptual discourse of common law and the Shariǎh. / Hassan, Kamal Halili.

In: Arab Law Quarterly, Vol. 26, No. 2, 2012, p. 175-192.

Research output: Contribution to journalArticle

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