Wajibat al-Ummal wa Huququhum fi al-Sharia al-Islamiyya Muqarana ma Qanun al-Amal al-Filastini

Wajibat al-Ummal wa Huququhum fi al-Sharia al-Islamiyya Muqarana ma Qanun al-Amal al-Filastini ("The Duties and Rights of Workers in Islamic Law Compared to the Palestinian Labor Law") is a comparative legal and Islamic jurisprudential study by Samir Muhammad Jum'ah al-Awawda Wajibat al-Ummal wa Huquq…. The work examines the legal characterization, reciprocal obligations, and rights of laborers under Islamic jurisprudence and the Palestinian Labor Law of 2000 Wajibat al-Ummal wa Huquq…+1.

Origin and Context

The work was originally submitted as a master's thesis in Jurisprudence and Legislation (Fiqh wa Tashri') at the Faculty of Da'wa and Usul al-Din at Al-Quds University in Jerusalem in 1431 AH / 2010 CE Wajibat al-Ummal wa Huquq…. The study was supervised by Dr. Urwah Sabri alongside co-supervisor Dr. Yasir Zubaydat, and it was examined and approved on 27 July 2010 by a committee that included internal examiner Dr. Husam al-Din Afana and external examiner Dr. Jamal al-Kilani Wajibat al-Ummal wa Huquq….

The author identified the rationale for the study in the general lack of awareness among both laborers and employers concerning their rights and duties, the absence of dedicated monographs comparing Islamic labor jurisprudence specifically with statutory Palestinian law, and the need to provide an Islamic legal grounding (ta'sil shar'i) for rights recognized in modern statutes while highlighting omissions in statutory texts Wajibat al-Ummal wa Huquq…+1.

Method and Sources

The work employs a descriptive, comparative, and analytical approach Wajibat al-Ummal wa Huquq…+1. The author gathers statutory articles from the official text of the Palestinian Labor Law enacted in 2000, drawing also upon neighboring Arab labor codes (including Jordanian, Egyptian, and Saudi statutes) when legal commentaries were sparse Wajibat al-Ummal wa Huquq…. These legal provisions are analyzed alongside classical and contemporary Islamic legal scholarship, rulings from modern Islamic fiqh academies, Quranic exegesis, and authenticated hadith traditions with classical commentary Wajibat al-Ummal wa Huquq….

Structure and Contents

The book comprises an introduction, three main chapters, and a conclusion:

• Chapter One: Conceptual Framework and Legal Characterization: Defines the concepts of duty (wajib), right (haqq), and labor ('amal). It examines the legal characterization (takyif fiqhi) of labor contracts within the framework of hiring services (ijarah), differentiating between the private employee (al-ajir al-khass) and the common contractor (al-ajir al-mushtarak). It also outlines the Islamic valuation of work and the criteria for selecting employees in Islamic law and Palestinian labor law Wajibat al-Ummal wa Huquq…+1.
• Chapter Two: Workers' Duties: Divided into legal and ethical obligations. Legal duties include completing tasks properly, executing the labor personally, punctuality and avoiding unauthorized absence, safeguarding workplace equipment, liability and compensation (daman) for negligence, and complying with lawful work-related directives. Ethical duties cover maintaining trade secrets, treating clients courteously, workplace cooperation, and adhering to health and safety precautions Wajibat al-Ummal wa Huquq…+1.
• Chapter Three: Workers' Rights: Spans seven sub-sections addressing moral and humanitarian rights (such as the state's role in facilitating employment opportunities and humane treatment), the right to perform religious obligations (Hajj, daily prayers, and Friday prayer), wage-related rights (wage determination, cost-of-living adjustments, timing of disbursement, and payment guarantees), leaves (weekly, annual, sick, maternity, and emergency leave), insurance and workplace injury compensation, end-of-service gratuities and retirement pensions, as well as the rights to litigation, peaceful protests, strikes, and intellectual property or innovation (haqq al-ibtikar) Wajibat al-Ummal wa Huquq…+1Wajibat al-Ummal wa Huquq….

Key Conclusions

The study concludes that Islamic jurisprudence preceded modern statutory law in establishing worker protections, setting standards for hiring, and requiring mandatory rest periods based on the bodily preservation imperative Wajibat al-Ummal wa Huquq…+1. It affirms the financial rights of employees to end-of-service gratuities, pensions, and ownership of their innovations, alongside the legitimacy of labor strikes and protests when conducted via lawful means for legitimate ends Wajibat al-Ummal wa Huquq…. The author also suggests improvements to Palestinian labor law, including explicit statutory provisions regarding child labor and granting working mothers immediate entitlement to maternity leave upon completing their probationary employment period Wajibat al-Ummal wa Huquq….