Home > Journals > St. John's Law Review > Vol. 88 > No. 2
Document Type
Article
Abstract
(Excerpt)
The purpose of this Article is to examine workers' rights under Islamic law. Companies claiming to be in compliance with the Islamic Shari'ah must look beyond the forms of the transactions and the content of the products they sell. The companies and their Shari'ah advisors must also examine the treatment of the workers employed by the companies. If the workers are not being treated fairly, in accordance with Islamic law, the owners of these companies and their Shari'ah advisors should not claim that the companies and their products are Shari'ah-compliant. As this Article shows, the fair treatment of workers is relevant to the analysis of whether a company is Shari'ah-compliant. The Qu'ran, the teachings of the Prophet (P.B.U.H.), and the writings of the scholars are replete with instructions regarding the fair treatment of workers. Furthermore, as Islamic law is religious law, the fair treatment of workers is not only a legal duty that might arise under international labor standards or labor codes of specific countries, but it is a moral and religious duty as well. The ethical standards incorporated into the Islamic law governing the relationship between employers and employees cannot be discounted by those who profess to be good Muslims, or by the companies that claim to be in compliance with the Islamic Shari'ah.