What Islam says about worker’s rights

Now days, many employers deficient emphasized the worker rights especially for Muslim. In Islam, worker rights issue is a very important topic and it should be discussed in detail by Muslim scholars. This general rule can be used in Muslim world who wish to employed Muslim work in government and corporation. Worker rights are directly connected to Islam. Justice and fair are the important things that must be always emphasized. The justice in Islam is intended to promote and maintain social order, harmony, balance and general welfare. No harmony can exist without justice. Islam instructs people on how to live in harmony and peace with others, directly in socio-economic status, race, gender or faith.

Islam has given high regard for work. Those who work and earn their living by their own labor must be respected. Employers and employees all must be honest and must deal with each other justly. There are several teachings in Islam about worker rights. The five point that must emphasized is clear and proper agreement, the dignity of workers, kindness to workers, fulfill fair pay and promptly, and lastly freedom to form unions.

Firstly, the clear and proper agreement should be written or oral and must be transparent. The agreement must be lawful. Employees must know their responsibility and duties. Allah says in the Qur’an {O you who believe, fulfill your contracts.} (Al-Ma’idah 5: 1) The Prophet (peace and blessings be upon him) said,

“Muslims must abide by their agreements, unless there is an agreement that makes halal what is haram or makes haram what is halal.” (At-Tirmidhi).

Second is dignity of workers. Employer must treat workers with dignity and honor. No work is degrading the workers. Workers must be treat with kindness that is what Islam teach to their follower. Allah says

{Serve Allah, and make not any partners with Him in His divinity. Do good to parents, kinsfolk, orphans, those in need, neighbors who are near, neighbors who are strangers, the companion by your side, the way-farer (you meet) and those whom your right hands possess: for Allah loves not the arrogant, the vainglorious. (Nor) those who are stingy, or enjoin stinginess on others, or hide the bounties which Allah has bestowed on them…} (An-Nisaa’ 4:36-37)

Next is kindness to workers. The prophet Muhammad (peace and blessings of God be upon him) say the workers is like your brothers. Employer must give the labor work that suitable with their capacity, employer also needed to prepare compensation if they injured, and must give their safety work environment. They also should have time with family. The children must not use as a labor. Women should have proper environment for hijab without threaten the rules of khalwah (privacy).

Besides that, fulfill fair pay and promptly. The worker has the right to expect fair treatment and payment from his or her employer. Exploitation is not allowed in Islam. Salary must be paid on time to workers. Allah warns to those who take full measure but give less.

Lastly, workers in Islam have a right to exercise the freedom of association and the right to form unions. Through the association the workers can get justice for their right.

2. What the age of regulation of worker engaged?

Most people now days choose to work than study. Have a lot of teen stop their study and work in private sector. Even though, the income they get is lower because they had not any experience and qualification but they still choose to work than study. Their age around 16 until 18 years old. It’s called an underage workers. Malaysia has act for employees under age 18. The function of act is, protect the interests of employees under age 18. If something happened to them, the act can be used to protect them.

Employees under age 18 and their employers have rights and responsibilities under Alberta’s employment standards and occupational health and safety legislation. Adolescents are defined as individuals aged 12, 13, and 14; and young persons are defined as individuals aged 15, 16 and 17. The minimum standards of employment such as general holidays, vacations, minimum wage and termination notice or pay apply to all workers regardless of age. There are some restrictions placed on employees under 18 years old.

The Protection of Young Persons (Employment) Act 1996 is designed to protect the health of young workers and ensure that work carried out during school years does not put young people’s education at risk. The Act sets minimum age limits for employment, rest intervals and maximum working hours and prohibits the employment of anyone under 18 on late night work. The Act also requires employers to keep specified records for workers under 18.

Under the Act, employers cannot employ children age under 16 in regular full-time jobs. Children aged 14 and 15 may be employed as follows:

 Doing light work during the school holidays — they must have at least 21 days off work during this time.

 As part of an approved work experience or educational programmer where the work is not harmful to their health, safety or development.

 In film, cultural, advertising work or sport under licenses issued by the Minister for Jobs, Enterprise and Innovation (pdf).

 Children aged 15 may do 8 hours a week light work in school term time. The maximum working week for children outside school term time is 35 hours or up to 40 hours if they are on approved work experience.

3. The latest statistics of workers kill in various occupation.

Nowadays, the statistics of kill workers in industry are diminish since the passage of Occupational Safety and Acts which promised worker with a safety in the workplace during working hours. However, the acts make an improved in safety and preventable in the workplace, but too many workers are remain serious of injuries, illness and death every year. Full implementation of an OSHA policy would require employer to identify hazards in the workplace so that they can reduce of the hazards caused of illness or death or workers. There are difficult to differentiate in definitions of workplace accidents as well as the variation in internal industry structures. This is an example of Safe Work Australia collects and reports of work health and safety of workers compensations statistics. Based on the industry data, the higher rate of total worker deaths are in transport, postal and warehousing sector compare to total worker deaths in 2014.

4. Blood money or Diyat money. Comparison in conventional perspective.

Blood money means money gave to the murder casualty’s family as a penalty. In other word blood money is called as restitution. Reparation or payment given in return for the loss or damage obtained of a person culpable as a killer or unintentionally killed.

Then, go through how blood money execute in others country through conventional. By Japan’s culture, it is usual to pay blood money or they call as mimaiki to the victim’s net of kin. In Korea, it is usual to give blood money to the family of the victim for serious offence and if allowed, the criminal will get further penalization. However in Somalia, their custom law which called Xeer, blood money is used as an assistance to the one relate to the injured party.

There is principle in Islam same like blood money. It’s called Diyat in Arabic language. In Islamic Sharia Law, Diyat means financial restitution to the casualty or casualty’s heir in such situation of assassination, bodily injured or property damage. But Diyat is related to Qisas, in Al-Quran specify alternative punishment but also prescribes that person should seek reparation not just retribution.

The Diyat amount in case the casualty was a woman, non-Muslim or slave varied in the sharia of different schools of Islamic law. The murderer or the next of kin of the murderer. In some situation, such like when the killer is a juvenile, the family of the murderer owe the Diyat. In other situation, the group that have to pay Diyat to the casualty or casualty’s heirs is the tribe or urban neighbors of the murderer.

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